| | 2.__Negotiation with providers.__Negotiations between the | administrator and providers are subject to the provisions of this | subsection. |
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| A.__The administrator shall negotiate with providers or | provider associations to determine reimbursement rates for | services covered under the plan.__As appropriate, the | administrator shall use the federal resource-based, | relative-value scale as a fee schedule, adjusted as | appropriate for the plan.__The administrator may not agree | to reimburse participating providers at a rate that, based | upon projections approved by the authority, would cause | health care expenditures to exceed the global budget set by | the authority pursuant to section 9810; |
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| B.__All professional provider associations may participate | in reimbursement negotiations.__All providers within a | category are bound by the results of the negotiations | between the administrator and the association representing | that category of provider recognized by the authority | pursuant to section 9806; and |
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| C.__In the event that negotiations with providers__are not | concluded in a timely manner, the authority may set rates, | fees and prices for services reimbursed under the plan.__A | provider aggrieved by a rate, fee or price set by the | authority pursuant to this subsection, upon the production | of credible evidence that the rate, fee or price is | confiscatory, is entitled to a hearing as provided under | section 9813. |
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| | 3.__Caps on reimbursement.__Notwithstanding the provisions of | subsection 2, the administrator shall establish a limit on the | aggregate annual payment to an individual participating provider.__ | An individual provider whose billing volume or distribution | suggests the possibility of impropriety is subject to | investigation by the administrator or the board and may be | subject to exclusion or other penalties. |
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| | 4.__Prior year expenditures.__The administrator shall reduce | total reimbursement to participating providers by the amount that | the prior year's total expenditures exceeded the global budget or | increase total reimbursement to participating providers by the | amount that the prior year's total expenditures were less than | the global budget.__For the purposes of this subsection, "prior | year" means the most recent year for which the board can | determine total expenditures.__The administrator may reduce or | increase reimbursement pursuant to this section on a sector-by- | sector basis, as appropriate. |
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