R 395.90 Standards for third-party vendors.

Rule 40. (1) MRS may, at its discretion, require third-party vendors to provide information substantiating their experience, quality, and safety before authorizing vendors to provide services to MRS participants, including both of the following: (a) Professional license checks. (b) Criminal background checks that are subject to the following requirements: (i) MRS may conduct criminal background checks using only the internet criminal history access tool (ICHAT), the state sex offender registry or the national sex offender registry. (ii) MRS may deny authorizing a vendor to provide services if criminal background checks discover any of the following: (A) The individual has been convicted of a relevant crime described under 42 USC 1320a-7(a), including, but not limited to, conviction of program-related crimes, conviction relating to patient abuse, felony conviction relating to health care fraud, and felony conviction related to controlled substance. (B) The vendor or individual staff member fails to comply with MRS enrollment requirements pursuant to the national child protection act of 1993, 34 USC 40101 to 40104, including but not limited to failure to submit timely and accurate information, failure to cooperate with MRS screening methods, failure to allow access to provider locations for site visits, and inability to verify a provider applicant's identity. (C) The vendor or individual staff member staff is convicted of violating the medicaid false claims act, MCL 400.601 to 400.615, the False Claims Act, 31 USC 3729 to 3733, or a substantially similar statute by another state or the federal government. (D) The individual staff member has a federal or state felony conviction within the preceding 10 years after conviction, including any criminal offense related to murder, rape, abuse or neglect, assault, and other similar crimes against individuals, extortion, embezzlement, income tax evasion, insurance fraud, and other similar financial crimes. (E) The individual staff member has a federal or state misdemeanor conviction within the preceding 5 years after conviction any criminal offense related to any misdemeanor crime listed as a permissive exclusion in 42 USC 1320a-7(b), including rape, abuse or neglect, assault, and other similar crimes against individuals, or extortion, embezzlement, income tax evasion, insurance fraud, and other similar financial crimes. (c) Debarment check in the system of award management. (d) Adherence checks to all relevant state and federal laws when acting as an employer of record for an individual receiving MRS services. (2) MRS shall make available to the public all requirements and processes related to the assessment of vendors. (3) MRS shall only assess vendors as described in subrule (1)(a) and (b) of this rule who have provided their written consent. (4) MRS shall not share the specific results of any vendor assessment with anyone other than the vendor or individual being vetted and internal MRS staff on a need-to-know basis.