ACO Immediate Termination Clause Samples

ACO Immediate Termination. ACO, in its sole discretion, may immediately terminate this Agreement with notice, if: i. Participant, its Care Providers, or an officer, director, shareholder, or controlling employee of either, has been debarred, excluded, or ruled ineligible for participation in Medicare, Medicaid, or any other federal or state health care program, at any administrative level and, to the extent applicable and possible, Participant has not immediately terminated its relationship with such Care Provider, officer, director, shareholder, or controlling employee; ii. Participant or its Care Providers fail to fully comply with the MSSP Regulations or the MSSP Agreement. Notwithstanding the foregoing, if the MSSP Regulations allow a cure period, ACO shall afford Participant (or such Care Provider) up to a thirty (30) day cure period (subject to extension at ACO’s sole discretion, to the extent permitted by the MSSP Regulations) to remediate its failure; iii. Participant, its Care Providers, or any of their owners, directors, officers, employees, or independent contractors, have been indicted for or convicted of (or entered a guilty plea or a plea of nolo contendere with respect to) a felony, or any crime of moral turpitude, dishonesty, or false statement, or fraud, notwithstanding any right of appeal of said conviction; Policy; iv. Participant or its Principal fails to make any payment required under the Shared Losses v. ACO reasonably determines that Participant’s performance is likely to lead to ACO incurring Shared Losses for a Performance Year or to adversely affect ACO’s quality score or performance under the APM Performance Pathway; vi. ACO dissolves pursuant to the terms of its operating agreement then in effect; or vii. ACO’s MSSP Agreement is involuntarily terminated by CMS or voluntarily terminated by ACO, provided that ACO shall provide at least sixty (60) days’ notice to Participant prior to the effective date of any voluntary termination and provided that ACO and Participant comply with any required close-out procedures. As it relates to close-out procedures, this provision shall survive the termination of this Agreement.