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(a) General. A proposal from a State or nonprofit private entity to contract with HHS shall demonstrate that the eligible entity has the capacity and technical capability to perform all functions necessary for the design and operation of a PCIP, and that its proposed PCIP is in full compliance with all of the requirements of this part.
(b) Special rules for transitions in administration.
(b)(1) Transitions from HHS administration of a PCIP to State administration must take effect on January 1 of a given year.
(b)(2) A State’s proposal to administer a PCIP must meet all the requirements of this section.
(b)(3) Transitions from State administration to HHS administration must comply with the termination procedures of the PCIP contract in effect with the State or its designated entity.
(b)(4) The Secretary may establish other requirements needed to ensure a seamless transition of coverage for all existing enrollees.
[75 FR 45030 July 30, 2010]