ACA Compliance Sample Clauses

ACA Compliance. The Companies are in material compliance with the applicable requirements of the Patient Protection and Affordable Care Act of 2010, as amended (“ACA”), including all requirements related to eligibility waiting periods and the offer of or provision of minimum essential coverage that is compliant with Section 36B(c)(2)(C) of the Code and the regulations issued thereunder to full-time equivalent employees as defined in Section 4980H(c)(4) of the Code and the regulations issued thereunder. No material excise tax or penalty under the ACA, including Section 4980D and 4980H of the Code, is outstanding, has accrued, has arisen or could reasonably arise with respect to any period prior to the Closing, with respect to the Companies or any Company Plan. The Companies have maintained all records necessary to demonstrate compliance with the ACA and other similar applicable state or local Law.
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ACA Compliance. (a) To the extent any employee of Seller will perform Services at the Buyer’s Facility that is (i) on average, 30 hours per week or more and (ii) for a period of six months or more (an “Onsite Employee”), Seller, by entering into a Purchase Order, thereby represents and warrants to Buyer that it will satisfy all legal obligations imposed by the Affordable Care Act, including without limitation, the provisions of Internal Revenue Code Section 4980H (collectively, the “ACA”) with respect to Seller’s Onsite Employees at all times during any month during which Seller performs any Services at the Buyer’s Facility. Seller’s obligations include, but are not limited to, (A) determining which employees are Onsite Employees; (B) offering such employees minimum essential, affordable coverage with minimum value, as defined under the ACA (“Minimum Essential Coverage”); (C) offering Onsite Employees dependent coverage as required by the ACA; and (D) providing Onsite Employees notice of their right to enroll in or waive Minimum Essential Coverage; (b) In the event Seller receives notice of any Internal Revenue Code Section 4980H or Fair Labor Standards Act, Section 218C-related tax, assessment, penalty, claim, cause of action, judgment or assessment (an “ACA Action”) with regard to any of Seller’s employees performing Services at the Buyer’s Facility, Seller shall provide written notice to Buyer within ten (10) calendar days of its receipt of notice of any ACA Action; (c) Seller and Buyer agree that any fee paid to Seller for any Services includes, and is sufficient to cover the cost of, Minimum Essential Coverage for Seller’s Onsite Employees as required under the ACA and to avoid penalties or other liability for any ACA Action. Seller and Xxxxx further agree that the fee charged to Buyer for the Services would be less if Seller’s Onsite Employees did not enroll in Minimum Essential Coverage. Accordingly, Xxxxxx agrees that within sixty (60) days of the end of each calendar year it shall refund to Buyer an amount equal to the fee Buyer Paid Seller for Minimum Essential Coverage with respect to each Onsite Employee that did not enroll in the Minimum Essential Coverage with respect to each month such employee qualified as an Onsite Employee (an “MEC Refund”). Seller shall keep full and detailed books, records and accounts as may be necessary to verify its compliance with its obligations under this Section for a period of six (6) years after the end of each calendar year i...
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ACA Compliance. The 2010 Affordable Care Act mandates additional reporting requirements for your Federal Individual Income Tax Form 1040. If you have received tax forms (e.g. Form 1095) regarding health coverage or health insurance obtained from the Marketplace, we may require them to prepare your tax return. We will rely on, without independent verification, the information you have provided on the questionnaire to determine your eligibility for credits, application of penalties, and reconciliation of any advanced credit payments where applicable. Some states require verification of health insurance. If this is required for your return, this information must be provided. State and Local Filing Obligations. You are responsible for determining your tax filing obligations with any state or local tax authorities, including, but not limited to, income, franchise, sales, use, property, or unclaimed property taxes. You agree that we have no responsibility to research these obligations or to inform you of them. If we believe you have additional filing obligations upon review of the information you have provided to us or information comes to our attention, we will notify you of this responsibility in writing and ask you to contact us. If you ask us to prepare these returns, we will confirm this representation upon your written request. U.S. Filing Obligations Related to Foreign Financial Assets. As part of your filing obligations, you are required to report the maximum value of specified foreign financial assets, which include financial accounts with foreign institutions and certain other foreign non- account investment assets that exceed certain thresholds. You are also required to make certain information disclosures related to your foreign investments. You are responsible for informing us of all foreign assets owned directly or indirectly regardless of amount, so we may properly advise you regarding your filing obligations. These assets include any ownership interests you directly or indirectly hold in businesses located in a foreign country and any assets or financial accounts located in a foreign country over which you have signatory authority. Based upon the information you provide, this information will be used to calculate any applicable foreign tax credits. We will also use this data to inform you of any additional filing requirements, which may include FinCEN Form 114, Report of Foreign Bank and Financial Accounts (“FBAR”). Failure to file required forms can result in s...
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ACA Compliance. This Plan document is intended to constitute good faith compliance with respect to the Patient Protection and Affordable Care Act of 2010 and the Health Care and Education Reconciliation Act of 2010 (collectively referred to as the Affordable Care Act or “ACA”), and the Plan shall be interpreted and applied in a manner that is consistent with the statutes, regulations and applicable guidance issued thereunder. In the absence of explicit regulatory guidance, the Plan will be applied and interpreted in a manner that is consistent with a good faith interpretation of the legal requirements of ACA. The Plan shall only be deemed to be a “grandfathered plan” under ACA rules if such designation has been made in writing by the Adopting Employer, specified in the Adoption Agreement, and other ACA requirements for grandfathered plans are satisfied.
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ACA Compliance. Agency shall comply with all provisions of the Patient Protection and Affordable Care Act (“ACA”) applicable to Assigned Employees, including the employer shared responsibility provisions relating to the offer of “minimum essential coverage” to “full-time” employees (as those terms are defined in Code §4980H and related regulations) and the applicable employer information reporting provisions under Code §6055 and §6056 and related regulations applicable to Assigned Employee, including the employer shared responsibility provisions relating to the offer of "minimum essential coverage" to "full-time" employees (as those terms are defined in Code §4980H and related regulations) and the applicable employer information reporting provisions under Code §6055 and §6056 and related regulations. If the Assigned Employee does not report to work for illness or some other reason outside of Client's control, Client will not be billed for these hours except in the case of salaried Assigned Employee, with leave concession addressed at time of hire. EXHIBIT C REQUIREMENT GUIDELINES REQUIRED: Schedule Interpretation Hepatitis B 2 doses, 4 weeks apart; 3rd dose, 5 months after 2nd; booster not necessary Agency’s policy follows CDC recommendations. Documentation of 3 doses of Hepatitis B vaccination (at appropriate intervals), serologic proof of immunity or declination of the series of vaccines signed by the healthcare worker. MMR (Measles, Mumps, Rubella) 2 doses, 4 weeks apart Agency’s policy follows CDC recommendations for healthcare personnel (HCP) born in 1957 or later without serologic evidence of immunity or prior vaccination give 2 doses of MMR, 4 weeks apart. For HCP born prior to 1957, is considered acceptable evidence of measles, mumps and rubella immunity, however Agency follows CDC recommendation that a HCP get a titer but it is not required (unless a work site requirement.) Varicella (chicken pox) 2 doses, 4 weeks apart Agency follows CDC recommendation all HCP who have no serologic proof of immunity, prior vaccination, or history of varicella disease, give 2 doses of varicella vaccine, 4 weeks apart; all HCP be immune to varicella with proof of Titer.
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ACA Compliance. The Board shall offer a health benefit plan that meets the minimum eligibility and affordability requirements of the Affordable Care Act.
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ACA Compliance. Any Company Plan sponsored by or contributed to by the Company which is a Welfare Plan is in material compliance with the requirements of the Patient Protection and Affordable Care Act, as amended. The Company does not or is not reasonably expected to have any material liability for Taxes under Section 4980D or 4980H of the Code. The Company maintains sufficient documentation to comply with the reporting requirements under Section 6055 and 6056 of the Code, except as would not reasonably be expected to result in material liability to the Company.
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ACA Compliance. INDEPENDENT CONTRACTOR agrees that he/she is not an employee of DCSD for purposes of the Patient Protection and Affordable Care Act, 42 U.S.C. § 18001, et seq. (“ACA”), or for any other purpose. INDEPENDENT CONTRACTOR agrees that he/she will be responsible for all compliance and reporting requirements under the ACA and certifies that he/she has their own individual health plan coverage. INDEPENDENT CONTRACTOR agrees that he/she shall make the necessary federal, state, and local filings and returns as required by law at the appropriate times, including, but not limited to, federal, state, and local income tax (including estimates), filings and returns required by the Self‐Employment Contribution Act, and any other filing or return, required by federal, state, or local government. INDEPENDENT CONTRACTOR retains sole and exclusive liability for all contributions, taxes or payments required to be made on account of INDEPENDENT CONTRACTOR’s employees under federal or state income tax laws, unemployment and workers’ compensation acts, social security acts, and all other legislation requiring employer contributions or withholdings.
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Related to ACA Compliance

  • CEQA Compliance The District has complied with all assessment requirements imposed upon it by the California Environmental Quality Act (Public Resource Code Section 21000 et seq. (“CEQA”) in connection with the Project, and no further environmental review of the Project is necessary pursuant to CEQA before the construction of the Project may commence.

  • OSHA Compliance To the extent applicable to the services to be performed under this Agreement, Contractor represents and warrants, that all articles and services furnished under this Agreement meet or exceed the safety standards established and promulgated under the Federal Occupational Safety and Health Law (Public Law 91-596) and its regulations in effect or proposed as of the date of this Agreement.

  • FCPA Compliance The Company has not and, to the Company’s actual knowledge, none of its employees or agents at any time during the last five years have (i) made any unlawful contribution to any candidate for foreign office, or failed to disclose fully any contribution in violation of law, or (ii) made any payment to any federal or state governmental officer or official, or other person charged with similar public or quasi-public duties, other than payments required or permitted by the laws of the United States or any jurisdiction thereof.

  • FERPA Compliance In connection with all FERPA Records that Contractor may create, receive or maintain on behalf of University pursuant to the Underlying Agreement, Contractor is designated as a University Official with a legitimate educational interest in and with respect to such FERPA Records, only to the extent to which Contractor (a) is required to create, receive or maintain FERPA Records to carry out the Underlying Agreement, and (b) understands and agrees to all of the following terms and conditions without reservation:

  • CRA Compliance Neither Buyer nor any Buyer Subsidiary has received any notice of non-compliance with the applicable provisions of the CRA and the regulations promulgated thereunder. As of the date hereof, Buyer’s and each Buyer Subsidiary’s most recent examination rating under the CRA was “satisfactory” or better. Buyer knows of no fact or circumstance or set of facts or circumstances which would be reasonably likely to cause Buyer or any Buyer Subsidiary to receive any notice of non-compliance with such provisions of the CRA or cause the CRA rating of Buyer or any Buyer Subsidiary to decrease below the “satisfactory” level.

  • HIPAA Compliance If this Contract involves services, activities or products subject to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the Contractor covenants that it will appropriately safeguard Protected Health Information (defined in 45 CFR 160.103), and agrees that it is subject to, and shall comply with, the provisions of 45 CFR 164 Subpart E regarding use and disclosure of Protected Health Information.

  • ADA Compliance A. The Americans with Disabilities Act (42 U.S.C. § 12101, et seq.) and the regulations thereunder (28 C.F.R. § 35.130) (“ADA”) prohibit discrimination against persons with disabilities by the State, whether directly or through contractual arrangements, in the provision of any aid, benefit, or service. As a condition of receiving this Agreement, the Company certifies that services, programs, and activities provided under this Agreement are and will continue to be in compliance with the ADA.

  • FDA Compliance The Company: (A) is and at all times has been in material compliance with all statutes, rules or regulations of the FDA and other comparable governmental entities applicable to the ownership, testing, development, manufacture, packaging, processing, use, distribution, marketing, labeling, promotion, sale, offer for sale, storage, import, export or disposal of any product under development, manufactured or distributed by the Company (“Applicable Laws”); (B) has not received any FDA Form 483, notice of adverse finding, warning letter, untitled letter or other correspondence or notice from the FDA or any governmental entity alleging or asserting material noncompliance with any Applicable Laws or any licenses, certificates, approvals, clearances, exemptions, authorizations, permits and supplements or amendments thereto required by any such Applicable Laws (“Authorizations”); (C) possesses all material Authorizations and such Authorizations are valid and in full force and effect and the Company is not in material violation of any term of any such Authorizations; (D) has not received notice of any claim, action, suit, proceeding, hearing, enforcement, investigation, arbitration or other action from the FDA or any governmental entity or third party alleging that any product operation or activity is in material violation of any Applicable Laws or Authorizations and has no knowledge that the FDA or any governmental entity or third party is considering any such claim, litigation, arbitration, action, suit, investigation or proceeding; (E) has not received notice that the FDA or any governmental entity has taken, is taking or intends to take action to limit, suspend, modify or revoke any material Authorizations and has no knowledge that the FDA or any governmental entity is considering such action; and (F) has filed, obtained, maintained or submitted all material reports, documents, forms, notices, applications, records, claims, submissions and supplements or amendments as required by any Applicable Laws or Authorizations and that all such reports, documents, forms, notices, applications, records, claims, submissions and supplements or amendments were materially complete and correct on the date filed (or were corrected or supplemented by a subsequent submission).

  • PCI Compliance A. The Acquiring Bank will provide The Merchant with appropriate training on PCI PED and/or DSS rules and regulations in respect of The Merchants obligations. Initial training will be provided and at appropriate intervals as and when relevant changes are made to such rules and regulations.

  • AML Compliance The Dealer Manager represents to the Company that it has established and implemented anti-money laundering compliance programs in accordance with applicable law, including applicable FINRA Conduct Rules, Exchange Act Regulations and the USA PATRIOT Act, specifically including, but not limited to, Section 352 of the International Money Laundering Abatement and Anti-Terrorist Financing Act of 2001 (the “Money Laundering Abatement Act,” and together with the USA PATRIOT Act, the “AML Rules”) reasonably expected to detect and cause the reporting of suspicious transactions in connection with the offering and sale of the Offered Shares. The Dealer Manager further represents that it is currently in compliance with all AML Rules, specifically including, but not limited to, the Customer Identification Program requirements under Section 326 of the Money Laundering Abatement Act, and the Dealer Manager hereby covenants to remain in compliance with such requirements and shall, upon request by the Company, provide a certification to the Company that, as of the date of such certification (a) its AML Program is consistent with the AML Rules and (b) it is currently in compliance with all AML Rules, specifically including, but not limited to, the Customer Identification Program requirements under Section 326 of the Money Laundering Abatement Act.

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