438.358—Activities related to external quality review.
(a) General rule.
The State, its agent that is not an MCO or PIHP, or an EQRO may perform the mandatory and optional EQR-related activities in this section.
(b) Mandatory activities.
For each MCO and PIHP, the EQR must use information from the following activities:
(1)
Validation of performance improvement projects required by the State to comply with requirements set forth in § 438.240(b)(1) and that were underway during the preceding 12 months.
(2)
Validation of MCO or PIHP performance measures reported (as required by the State) or MCO or PIHP performance measure calculated by the State during the preceding 12 months to comply with requirements set forth in § 438.240(b)(2).
(3)
A review, conducted within the previous 3-year period, to determine the MCO's or PIHP's compliance with standards (except with respect to standards under §§ 438.240(b)(1) and (2), for the conduct of performance improvement projects and calculation of performance measures respectively) established by the State to comply with the requirements of § 438.204(g).
(c) Optional activities.
The EQR may also use information derived during the preceding 12 months from the following optional activities:
(3)
Calculation of performance measures in addition to those reported by an MCO or PIHP and validated by an EQRO.
(4)
Conduct of performance improvement projects in addition to those conducted by an MCO or PIHP and validated by an EQRO.
(5)
Conduct of studies on quality that focus on a particular aspect of clinical or nonclinical services at a point in time.
(d) Technical assistance.
The EQRO may, at the State's direction, provide technical guidance to groups of MCOs or PIHPs to assist them in conducting activities related to the mandatory and optional activities that provide information for the EQR.