DELEGATIONS OF AUTHORITY. If the Contractor delegates responsibilities to a Subcontractor, the Contractor shall ensure that the subcontracting relationship and subcontracting document(s) comply with federal requirements, including, but not limited to, compliance with the applicable provisions of 42 CFR 438.230(b) and 42 CFR 434.6. The Contractor shall ensure that the Subcontractor is in compliance with all Medicaid laws and regulations including applicable subregulatory guidance and contract provisions. The Contractor shall oversee and remain accountable for any functions and responsibilities that it delegates to any Subcontractor in compliance with 42 C.F.R. 438.230. Before any delegation, the Contractor shall evaluate the prospective Subcontractor’s ability to perform the activities to be delegated. If the Contractor delegates selection of providers to another entity, the Contractor retains the right to approve, suspend, or terminate any provider selected by that Subcontractor. The Department has the right to approve or deny delegation to any Subcontractor. See Section 6.0 “Subcontracts” for subcontracting requirements.
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