| | 4.__Determination of "ordinary," "necessary" or "reasonable" | costs.__In making findings concerning whether costs are | "ordinary," "necessary" or "reasonable," the office of audit | shall consider any practice, type, quantity, frequency or price | level of an expenditure to be reasonable, ordinary and necessary | if the expenditure meets any of the following standards. |
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| A.__A substantial number of providers of health care or | community services in Maine incur costs of similar | magnitude, frequency, quantity or price level to the costs | under review. |
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| B.__The expenditure is reasonably incurred to produce, | accomplish, facilitate or compensate persons for providing | an item or service related to the purpose of a program or | activity for which the State has contracted or for which the | State otherwise provides payment. |
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| C.__The expenditure is comparable to one incurred by a | department or agency of the State responsible for services | or programs similar to those to which the finding applies. |
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| D.__The expenditure, when considered in combination with all | amounts expended for the program under review, results in an | overall cost that is reasonable relative to other providers | of the same or similar items or services, taking into | account any special needs of the population served and any | innovative or specialized services offered by a particular | provider. |
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| | 5.__Employee compensation and benefit costs.__In evaluating | the reasonableness and allowability of employee wages, salaries | and benefits, the department shall apply the following criteria. |
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| A.__The department may not disallow any employee benefits, | wages or salaries, or any expenditures as described in | paragraph B, if the total of employee salaries, wages, | benefits and expenses described in paragraph B is less than | or equal to the total cost of wages, salaries, benefits and | expenses described in paragraph B for employees of the State | performing similar functions.__This paragraph may not be | construed to require disallowance of greater compensation | costs that are otherwise reasonable under applicable facts | and circumstances. |
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| B.__The department shall modify its rules governing MaineCare | reimbursement and reimbursement pursuant to grants, contracts or | otherwise for health care providers and other agencies providing | community services.__The office of audit shall interpret any | existing provisions of the |
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