230 R.I. Code R. 230-RICR-20-30-6.6

Current through December 3, 2024
Section 230-RICR-20-30-6.6 - Substantial Compliance
A. All findings of substantial compliance shall be based on calendar year data. Requests for a finding of substantial compliance must be submitted by a subject entity no later than March 1st of the immediately following calendar year. Exemption from the requirement that interest be paid on claims not processed within the timeframes established by § 6.4(A) of this Part will be from the period set forth in the OHIC's order finding substantial compliance and will apply only to claims received by the subject entity during that time period. A finding of substantial compliance is only prospective from the date set forth in the OHIC's order and will not be retroactively applied to claims received by the subject entity prior to that date.
B. A subject entity requesting a finding of substantial compliance under this Part from the OHIC shall submit such supporting documentation as the OHIC may require, including but not limited to
1. a report in the form promulgated by OHIC in a Bulletin issued for that purpose, certified by either the chief operating officer or the chief financial officer of the subject entity;
2. claims processing and payment data for the immediately preceding calendar year;
3. a declaration of substantial compliance (e.g., a management representation letter) declaring conformity with the applicable requirements of R.I. Gen. Laws §§ 27-18-61(a), 27-19-52(a), 27-20-41(a), 27-41-64(a) and this Part; and
4. a written report of an independent certified public accountant setting forth an opinion with respect to the accuracy of the representations made in management's declaration of substantial compliance. The OHIC may require additional information and/or may audit, examine or hold hearings as it deems necessary to arrive at a finding as to whether the subject entity is in substantial compliance. The total cost of any audit, examination or hearing held with respect to a request for a finding of substantial compliance shall be borne by the subject entity requesting such finding. The OHIC considers requests for a finding of substantial compliance and any supporting documentation public records under R.I. Gen. Laws § 38-2-1 et seq., but only to the extent that the request and supporting documentation do not include personal, identifiable health information.
C. Any professional society representing health care providers, or any individual or groups of health care providers, may notify any subject entity in writing of an interest in receiving any reports and other supporting documentation submitted pursuant to this Part. Any subject entity filing a request for a finding of substantial compliance with the OHIC shall also either contemporaneously send a complete copy of such report and supporting documentation (and any subsequently filed information related thereto) to all professional societies, or any individual or groups of health care providers, which have so notified the subject entity or shall notify such individual or groups by e-mail or mail that a copy of said request and all supporting documentation available on the subject entity's website. The filing with the OHIC shall contain a certification that such notice has been given and shall state the name and addresses of all individuals, groups and entities receiving notice. Any person or entity may provide comment on the filing during a thirty-day public comment period that will begin on the date of the filing of the request with the OHIC. All comments filed will be taken into consideration by the OHIC in evaluating a request for a finding of substantial compliance.
D. A finding of substantial compliance shall be effective for all claims received during the period specified in the OHIC's order finding substantial compliance.
E. If the OHIC determines that the filing does not support a finding of substantial compliance, the OHIC shall notify the entity submitting the filing that its request for a finding of substantial compliance has been denied. Unless an exception applies, a subject entity that has not received a finding of substantial compliance must pay interest on all claims as required by R.I. Gen. Laws §§ 27-18-61, 27-19-52, 27-20 - 47, 27-41-64 and this Part.
F. A finding of substantial compliance does not relieve a subject entity of any of the requirements, obligations or responsibilities of this Part other than the interest payments described in § 6.4(A)(4) of this Part and the reporting requirements of § 6.7 of this Part.

230 R.I. Code R. 230-RICR-20-30-6.6