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requested, and allow access to their facilities at any time. All copies of records must be
provided free of charge. The MMCO and its subcontractors shall comply with any additional
terms regarding access to records in accordance with the terms of its contract with the
department to participate as an MMCO.
(3) The MMCO and its subcontractor shall permit OMIG, the department and MFCU to conduct
private interviews of MMCO personnel, its subcontractors and their personnel, witnesses, and
enrollees. MMCO personnel, and subcontractors and their personnel must cooperate fully in
making MMCO personnel, subcontractors and their personnel available in person for
interviews, consultation, grand jury proceedings, pre-trial conferences, hearings, trial and in
any other process, including investigation, at the MMCO’s and subcontractor’s own expense.
(c) Contractors, agents, subcontractors, and independent contractors. MMCOs shall ensure that
contracts with contractors, agents, subcontractors, independent contractors, and participating
providers specify that the contractors, agents, subcontractors, independent contractors, and
participating providers are subject to audit, investigation, or review under the MMCO’s fraud, waste
and abuse prevention program, to the extent that such contractors, agents, subcontractors,
independent contractors, and participating providers relate to the MMCO’s participation in the MA
program.
521-2.4 Fraud, waste and abuse prevention program requirements.
(a) Compliance program. The MMCO shall adopt, implement and maintain a compliance program
that satisfies the requirements of SubPart 521-1 of this Part. The MMCO shall be responsible for
ensuring that the requirements of its fraud, waste and abuse prevention program are incorporated
into its compliance program. Specifically, the MMCO shall:
(1) incorporate into the written policies and procedures required by subdivision (a) of section
521-1.4 of this Part, the MMCO’s policies and procedures for preventing, detecting and
investigating fraudulent, wasteful or abusive activities by its participating providers, non-