Section 438.358 - Activities related to external quality review(a)General rule.(1) The State, its agent that is not an MCO, PIHP, or PAHP or an EQRO may perform the mandatory and optional EQR-related activities in this section.(2) The data obtained from the mandatory and optional EQR-related activities in this section must be used for the annual EQR in § 438.350 and must include, at a minimum, the elements in § 438.364(a)(2)(i) through (iv) .(3) For the EQR-related activities described in paragraph (b)(1) of this section (except paragraph (b)(1)(iii) of this section), the review period begins on the first day of the most recently concluded contract year or calendar year, whichever is nearest to the date of the EQR-related activity and is 12 months in duration.(b)Mandatory activities.(1) For each MCO, PIHP, or PAHP the following EQR-related activities must be performed in the 12 months preceding the finalization of the annual report:(i) Validation of performance improvement projects required in accordance with § 438.330(b)(1) that were underway during the EQR review period per paragraph (a)(3) of this section.(ii) Validation of MCO, PIHP, or PAHP performance measures required in accordance with § 438.330(b)(2) or MCO, PIHP, or PAHP performance measures calculated by the State during the EQR review period described in paragraph (a)(3) of this section.(iii) A review, conducted within the previous 3-year period, to determine the MCO's, PIHP's, or PAHP's compliance with the standards set forth in subpart D of this part, the disenrollment requirements and limitations described in § 438.56 , the enrollee rights requirements described in § 438.100 , the emergency and post-stabilization services requirements described in § 438.114 , and the quality assessment and performance improvement requirements described in § 438.330 .(iv) Validation of MCO, PIHP, or PAHP network adequacy during the EQR review period per paragraph (a)(3) of this section to comply with requirements set forth in § 438.68 and, if the State enrolls Indians in the MCO, PIHP, or PAHP, § 438.14(b)(1) .(2) For each PCCM entity (described in § 438.310(c)(2) ), the EQR-related activities in paragraphs (b)(1)(ii) and (iii) of this section may be performed.(c)Optional activities. For each MCO, PIHP, PAHP, and PCCM entity (described in § 438.310(c)(2) ), the following activities may be performed:(1) Validation of encounter data reported by an MCO, PIHP, PAHP, or PCCM entity (described in § 438.310(c)(2) ).(2) Administration or validation of consumer or provider surveys of quality of care.(3) Calculation of performance measures in addition to those reported by an MCO, PIHP, or PAHP and validated by an EQRO in accordance with paragraph (b)(1)(ii) of this section.(4) Conduct of performance improvement projects in addition to those conducted by an MCO, PIHP or PAHP and/or validated by an EQRO in accordance with paragraph (b)(1)(i) of this section.(5) Conduct of studies on quality that focus on a particular aspect of clinical or nonclinical services at a point in time.(6) Assist with the quality rating of MCOs, PIHPs, and PAHPs consistent with 42 CFR part 438, subpart G.(7) Assist with evaluations required under §§ 438.16(e)(1), 438.340(c)(2)(i) , and 438.6(c)(2)(iv) and (v) pertaining to outcomes, quality, or access to health care services.(d)Technical assistance. The EQRO may, at the State's direction, provide technical guidance to groups of MCOs, PIHPs, PAHPs, or PCCM entities (described in § 438.310(c)(2) ) to assist them in conducting activities related to the mandatory and optional activities described in this section that provide information for the EQR and the resulting EQR technical report. 81 FR 27853 , May 6, 2016, as amended at 82 FR 39 , Jan. 3, 2017; 82 FR 12510 , Mar. 6, 2017; 85 FR 72841 , Nov. 13, 2020 81 FR 27852 , 5/6/2016; as amended at 82 FR 39 , 1/3/2017; 82 FR 12510 , 3/6/2017; 85 FR 72841 , 12/14/2020; 89 FR 41278 , 7/9/2024