Common use of Access to records, books, and documents Clause in Contracts

Access to records, books, and documents. Upon reasonable notice, the CONTRACTOR must provide, and cause its Subcontractors, Major Subcontractors, and Contract Providers to provide the officials and entities identified in Section 7.17.6.3 of this Agreement with reasonable and adequate access to any personnel or records that are related to the scope of work performed under this Agreement within two (2) Business Days after the date of the request, unless the records are held by a Subcontractor, Major Subcontractor, Contract Provider, agent, or satellite office, in which case the records shall be made available within ten (10) Business Days, NMSA 1978, § 27-11- 4(B) and 42 C.F.R. § 438.3(h). Failure to provide copies or to permit inspection of records requested shall constitute a violation of the Medicaid Provider and Managed Care Act. The CONTRACTOR and its Subcontractors and Major Subcontractors must provide the access described in this section upon HCA’s request through ten (10) years from the final date of the contract period or from the date of completion of any audit, whichever is later, in accordance with 42 C.F.R. § 438.3(h), 42 C.F.R. § 438.230(c)(3)(iii), and 42 C.F.R. § 438.3(k). This request may be for, but is not limited to, the following purposes: Examination; Audit; Investigation; Agreement administration; or The making of copies, excerpts, or transcripts. The access required must be provided to the following officials and/or entities: The United States Department of Health and Human Services or its designee; The Comptroller General of the United States or its designee; HCA personnel or its designee; HCA’s Office of Inspector General; The Collaborative personnel or designee; MFEAD or its designee; Any independent verification and validation contractor, audit firm or quality assurance contractor acting on behalf of HCA; The Office of the State Auditor or its designee; A State or federal law enforcement agency; A special or general investigating committee of the New Mexico Legislature or its designee; and Any other State or federal entity identified by HCA, or any other entity engaged by HCA. The CONTRACTOR agrees to provide the access described wherever the CONTRACTOR maintains such books, records, and supporting documentation. The CONTRACTOR further agrees to provide such access in reasonable comfort and to provide any furnishings, equipment, or other conveniences deemed necessary to fulfill the purposes described in this section. The CONTRACTOR will require its Subcontractors, Major Subcontractors, and Contract Providers to provide comparable access and accommodations. Upon request, the CONTRACTOR must provide copies of the information described in this section free of charge to HCA and the entities described in this section. The requirements of maintaining records, books, documents, and information will include all medical, business, and financial records. All other records, books, documentation, and information resulting from this Agreement and maintained by the CONTRACTOR, Subcontractors, Major Subcontractors, or Contract Providers must be retained for a period of at least ten (10) years from the date of creation.

Access to records, books, and documents. Upon reasonable notice, the CONTRACTOR must provide, and cause its Subcontractors, Major Subcontractors, and Contract Providers to provide the officials and entities identified in Section 7.17.6.3 of this Agreement with reasonable and adequate access to any personnel or records that are related to the scope of work performed under this Agreement within two (2) Business Days after the date of the request, unless the records are held by a Subcontractor, Major Subcontractor, Contract Provider, agent, or satellite office, in which case the records shall be made available within ten (10) Business Days, NMSA 1978, § 27-11- 4(B) and 42 C.F.R. § 438.3(h). Failure to provide copies or to permit inspection of records requested shall constitute a violation of the Medicaid Provider and Managed Care Act. The CONTRACTOR and its Subcontractors and Major Subcontractors must provide the access described in this section upon HCAHSD’s request through ten (10) years from the final date of the contract period or from the date of completion of any audit, whichever is later, in accordance with 42 C.F.R. § 438.3(h), 42 C.F.R. § 438.230(c)(3)(iii), and 42 C.F.R. § 438.3(k). This request may be for, but is not limited to, the following purposes: Examination; Audit; Investigation; Agreement administration; or The making of copies, excerpts, or transcripts. The access required must be provided to the following officials and/or entities: The United States Department of Health and Human Services or its designee; The Comptroller General of the United States or its designee; HCA HSD personnel or its designee; HCAHSD’s Office of Inspector General; The Collaborative personnel or designee; MFEAD or its designee; Any independent verification and validation contractor, audit firm or quality assurance contractor acting on behalf of HCAHSD; The Office of the State Auditor or its designee; A State or federal law enforcement agency; A special or general investigating committee of the New Mexico Legislature or its designee; and Any other State or federal entity identified by HCAHSD, or any other entity engaged by HCAHSD. The CONTRACTOR agrees to provide the access described wherever the CONTRACTOR maintains such books, records, and supporting documentation. The CONTRACTOR further agrees to provide such access in reasonable comfort and to provide any furnishings, equipment, or other conveniences deemed necessary to fulfill the purposes described in this section. The CONTRACTOR will require its Subcontractors, Major Subcontractors, and Contract Providers to provide comparable access and accommodations. Upon request, the CONTRACTOR must provide copies of the information described in this section free of charge to HCA HSD and the entities described in this section. The requirements of maintaining records, books, documents, and information will include all medical, business, and financial records. All other records, books, documentation, and information resulting from this Agreement and maintained by the CONTRACTOR, Subcontractors, Major Subcontractors, or Contract Providers must be retained for a period of at least ten (10) years from the date of creation.