1. The Authority may delegate to another state, local or tribal governmental agency the responsibility for making determinations concerning eligibility for Medicaid or the Childrens Health Insurance Program or conducting hearings under this chapter. If the Authority makes such a delegation, the Authority shall: (a) Ensure compliance with the provisions of 42 C.F.R. 431.10; and (b) Submit a biennial report to the Governor and the Director of the Legislative Counsel Bureau for transmittal to the Legislative Commission which includes: (1) The state, local or tribal governmental agencies to which the Authority has delegated functions; (2) The functions delegated to each state, local or tribal governmental agency described in subparagraph (1); (3) Information concerning the performance of each state, local or tribal governmental agency to which the Authority has delegated a function; and (4) A description of any corrective action required of a state, local or tribal governmental agency to which the Authority has delegated a function. 2. Any entity to which the Authority delegates a responsibility pursuant to subsection 1 shall comply with the relevant provisions of this chapter to the same extent as the Authority. 3. Any delegation to a local governmental agency pursuant to subsection 1 must be made through an intergovernmental agreement between the Authority and the local governmental agency. Such an agreement must be signed by a natural person acting as the agent of the local governmental agency who has the legal authority to bind the local governmental agency to the agreement. 4. If an intergovernmental agreement entered into pursuant to subsection 3 delegates the responsibility for making determinations concerning eligibility for Medicaid or the Childrens Health Insurance Program, the agreement must include, without limitation, measures to ensure compliance with applicable federal and state requirements for making such determinations of eligibility. 5. The Authority may seek any state or federal funding available to provide reimbursements to an entity to which the Authority has delegated functions pursuant to this section if the Authority has entered into an agreement with the entity that entitles the Authority to sufficient information to conduct regular audits of the delegated activities to ensure compliance with relevant state and federal requirements and the efficient use of funds. An entity to which functions are delegated pursuant to this section shall not use state or federal money to fund activities under a contract with a separate entity without written approval from the Director.
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