Common use of AMENDMENT BY TMA Clause in Contracts

AMENDMENT BY TMA. (a) The Executive Director, TMA, or a designee may amend the terms of this participation agreement by giving 120 days’ notice in writing of the amendment(s) except amendments to the TRICARE/CHAMPUS regulation, which shall be considered effective as of the effective date of the regulation change and do not require a formal amendment of this agreement to be effective. When changes or modifications to this agreement result from amendments to the TRICARE/CHAMPUS regulation through rulemaking procedures, the Executive Director, TMA, or designee, is not required to give 120 days’ written notice. Amendments to this agreement resulting from amendments to the TRICARE/CHAMPUS regulation shall become effective on the date the regulation amendment is effective or the date this agreement is amended, whichever date is earlier. (b) The RTC, if it concludes it does not wish to accept the proposed amendment(s), including any amendment resulting from amendment(s) to the TRICARE/CHAMPUS regulation accomplished through rulemaking procedures, may terminate its participation as provided for in Article 13.3, below. However, if the RTC’s notice of intent to terminate its participation is not given at least 60 days before the effective date of the proposed amendment(s), then the proposed amendment(s) shall be incorporated into this agreement for RTC care furnished between the effective date of the amendment(s) and the effective date of termination of this agreement.

AMENDMENT BY TMA. (a) The Executive Director, TMA, or a designee may amend the terms of this participation agreement by giving 120 days’ notice in writing of the amendment(s) except amendments to the TRICARE/CHAMPUS regulation, which shall be considered effective as of the effective date of the regulation change and do not require a formal amendment of this agreement to be effective. When changes or modifications to this agreement result from amendments to the TRICARE/CHAMPUS regulation through rulemaking procedures, the Executive Director, TMA, or designee, is not required to give 120 days’ written notice. Amendments to this agreement resulting from amendments to the TRICARE/CHAMPUS regulation shall become effective on the date the regulation amendment is effective or the date this agreement is amended, whichever date is earlier. (b) The RTCSUDRF, if it concludes it does not wish to accept the proposed amendment(s), including any amendment resulting from amendment(s) to the TRICARE/TRICARE/ CHAMPUS regulation accomplished through rulemaking procedures, may terminate its participation as provided for in Article 13.312.3, below. However, if the RTCSUDRF’s notice of intent to terminate its participation is not given at least 60 days before the effective date of the proposed amendment(s), then the proposed amendment(s) shall be incorporated into this agreement for RTC SUDRF care furnished between the effective date of the amendment(s) and the effective date of termination of this agreement.

AMENDMENT BY TMA. (a) The Executive Director, TMA, or a designee designee, may amend the terms of this participation agreement by giving 120 days’ days notice in writing of the proposed amendment(s) except amendments when necessary to amend this agreement from time to time to incorporate changes to the TRICARE/CHAMPUS regulation, which shall be considered effective as of the effective date of the regulation change and do not require a formal amendment of this agreement to be effective. When changes or modifications to this agreement result from amendments changes to the TRICARE/CHAMPUS regulation through rulemaking procedures, the Executive Director, TMA, or designee, is not required to give 120 days’ days written notice. Amendments Any such changes to this agreement resulting from amendments to the TRICARE/CHAMPUS regulation 32 CFR 199 shall become effective automatically be incorporated herein on the date the regulation amendment is effective or the date this agreement is amended, whichever date is earlier. (b) The RTChospice program, if it concludes it does not wish wishing to accept the proposed amendment(s), including any amendment resulting from amendment(s) changes to the TRICARE/CHAMPUS regulation accomplished through rulemaking procedures, may terminate its participation as provided for in Article 13.3, belowthis Article. However, if the RTChospice program’s notice of intent to terminate its participation is not given at least 60 days before 6 months prior to the effective date day of the proposed amendment(s), then the proposed amendment(s) shall be incorporated into this agreement for RTC care services furnished by the hospice program between the effective date of the amendment(s) and the effective date of termination of this agreement. 7.1 CHANGE OF OWNERSHIP‌‌

AMENDMENT BY TMA. (a) The Executive Director, TMA, or a designee may amend the terms of this participation agreement by giving 120 days’ ' notice in writing of the amendment(s) except amendments to the TRICARE/CHAMPUS regulation, which shall be considered effective as of the effective date of the regulation change and do not require a formal amendment of this agreement to be effective. When changes or modifications to this agreement result from amendments to the TRICARE/CHAMPUS regulation through rulemaking procedures, the Executive Director, TMA, or designee, is not required to give 120 days’ ' written notice. Amendments to this agreement resulting from amendments to the TRICARE/CHAMPUS regulation shall become effective on the date the regulation amendment is effective or the date this agreement is amended, whichever date is earlier. (b) The RTCSUDRF, if it concludes it does not wish to accept the proposed amendment(s), including any amendment resulting from amendment(s) to the TRICARE/TRICARE/ CHAMPUS regulation accomplished through rulemaking procedures, may terminate its participation as provided for in Article 13.312.3, below. However, if the RTC’s SUDRF's notice of intent to terminate its participation is not given at least 60 days before the effective date of the proposed amendment(s), then the proposed amendment(s) shall be incorporated into this agreement for RTC SUDRF care furnished between the effective date of the amendment(s) and the effective date of termination of this agreement.

AMENDMENT BY TMA. (a) The Executive Deputy Director, TMA, or a designee may amend the terms of this participation agreement by giving 120 days’ notice in writing of the amendment(s) except amendments to the TRICARE/CHAMPUS TRICARE regulation, which shall be considered effective as of the effective date of the regulation change and do not require a formal amendment of this agreement to be effective. When changes or modifications to this agreement result from amendments to the TRICARE/CHAMPUS TRICARE regulation through rulemaking procedures, the Executive Deputy Director, TMA, or designee, is not required to give 120 days’ written notice. Amendments to this agreement resulting from amendments to the TRICARE/CHAMPUS TRICARE regulation shall become effective on the date the regulation amendment is effective or the date this agreement is amended, whichever date is earlier. (b) The RTC, if it concludes it does not wish to accept the proposed amendment(s), including any amendment resulting from amendment(s) to the TRICARE/CHAMPUS TRICARE regulation accomplished through rulemaking procedures, may terminate its participation as provided for in Article 13.3, below. However, if the RTC’s notice of intent to terminate its participation is not given at least 60 days before the effective date of the proposed amendment(s), then the proposed amendment(s) shall be incorporated into this agreement for RTC care furnished between the effective date of the amendment(s) and the effective date of termination of this agreement.

AMENDMENT BY TMA. (a) The Executive Director, TMA, or a designee designee, may amend the terms of this participation agreement by giving 120 days’ days notice in writing of the proposed amendment(s) except amendments when necessary to amend this agreement from time to time to incorporate changes to the TRICARE/CHAMPUS regulation, which shall be considered effective as of the effective date of the regulation change and do not require a formal amendment of this agreement to be effective. When changes or modifications to this agreement result from amendments changes to the TRICARE/CHAMPUS regulation through rulemaking procedures, the Executive Director, TMA, or designee, is not required to give 120 days’ days written notice. Amendments Any such changes to this agreement resulting from amendments to the TRICARE/CHAMPUS regulation 32 CFR 199 shall become effective automatically be incorporated herein on the date the regulation amendment is effective or the date this agreement is amended, whichever date is earlier. (b) The RTChospice program, if it concludes it does not wish wishing to accept the proposed amendment(s), including any amendment resulting from amendment(s) changes to the TRICARE/CHAMPUS regulation accomplished through rulemaking procedures, may terminate its participation as provided for in Article 13.3, belowthis Article. However, if the RTC’s hospice program's notice of intent to terminate its participation is not given at least 60 days before 6 months prior to the effective date day of the proposed amendment(s), then the proposed amendment(s) shall be incorporated into this agreement for RTC care services furnished by the hospice program between the effective date of the amendment(s) and the effective date of termination of this agreement.

AMENDMENT BY TMA. (a) The Executive Director, TMA, or a designee may amend the terms of this participation agreement by giving 120 days’ ' notice in writing of the amendment(s) except amendments to the TRICARE/TRICARE / CHAMPUS regulation, which shall be considered effective as of the effective date of the regulation change and do not require a formal amendment of this agreement to be effective. When changes or modifications to this agreement result from amendments to the TRICARE/TRICARE / CHAMPUS regulation through rulemaking procedures, the Executive Director, TMA, or designee, is not required to give 120 days’ ' written notice. Amendments to this agreement resulting from amendments to the TRICARE/TRICARE / CHAMPUS regulation shall become effective on the date the regulation amendment is effective or the date this agreement is amended, whichever date is earlier. (b) The RTCSUDRF, if it concludes it does not wish to accept the proposed amendment(s), including any amendment resulting from amendment(s) to the TRICARE/TRICARE / CHAMPUS regulation accomplished through rulemaking procedures, may terminate its participation as provided for in Article 13.312.3, below. However, if the RTC’s SUDRF's notice of intent to terminate its participation is not given at least 60 days before the effective date of the proposed amendment(s), then the proposed amendment(s) shall be incorporated into this agreement for RTC SUDRF care furnished between the effective date of the amendment(s) and the effective date of termination of this agreement.

AMENDMENT BY TMA. (a) The Executive Director, TMA, or a designee may amend the terms of this participation agreement by giving 120 days’ ' notice in writing of the amendment(s) except amendments to the TRICARE/TRICARE / CHAMPUS regulation, which shall be considered effective as of the effective date of the regulation change and do not require a formal amendment of this agreement to be effective. When changes or modifications to this agreement result from amendments to the TRICARE/TRICARE / CHAMPUS regulation through rulemaking procedures, the Executive Director, TMA, or designee, is not required to give 120 days’ ' written notice. Amendments to this agreement resulting from amendments to the TRICARE/TRICARE / CHAMPUS regulation shall become effective on the date the regulation amendment is effective or the date this agreement is amended, whichever date is earlier. (b) The RTC, if it concludes it does not wish to accept the proposed amendment(s), including any amendment resulting from amendment(s) to the TRICARE/TRICARE / CHAMPUS regulation accomplished through rulemaking procedures, may terminate its participation as provided for in Article 13.3, below. However, if the RTC’s 's notice of intent to terminate its participation is not given at least 60 days before the effective date of the proposed amendment(s), then the proposed amendment(s) shall be incorporated into this agreement for RTC care furnished between the effective date of the amendment(s) and the effective date of termination of this agreement.

AMENDMENT BY TMA. (a) The Executive Deputy Director, TMA, or a designee may amend the terms of this participation agreement by giving 120 days’ notice in writing of the amendment(s) except amendments to the TRICARE/CHAMPUS TRICARE regulation, which shall be considered effective as of the effective date of the regulation change and do not require a formal amendment of this agreement to be effective. When changes or modifications to this agreement result from amendments to the TRICARE/CHAMPUS TRICARE regulation through rulemaking procedures, the Executive Deputy Director, TMA, or designee, is not required to give 120 days’ written notice. Amendments to this agreement resulting from amendments to the TRICARE/CHAMPUS TRICARE regulation shall become effective on the date the regulation amendment is effective or the date this agreement is amended, whichever date is earlier. (b) The RTCSUDRF, if it concludes it does not wish to accept the proposed amendment(s), including any amendment resulting from amendment(s) to the TRICARE/CHAMPUS TRICARE regulation accomplished through rulemaking procedures, may terminate its participation as provided for in Article 13.312.3, below. However, if the RTCSUDRF’s notice of intent to terminate its participation is not given at least 60 days before the effective date of the proposed amendment(s), then the proposed amendment(s) shall be incorporated into this agreement for RTC SUDRF care furnished between the effective date of the amendment(s) and the effective date of termination of this agreement.

AMENDMENT BY TMA. (a) The Executive Director, TMA, or a designee may amend the terms of this participation agreement by giving 120 days’ ' notice in writing of the amendment(s) except amendments to the TRICARE/CHAMPUS regulation, which shall be considered effective as of the effective date of the regulation change and do not require a formal amendment of this agreement to be effective. When changes or modifications to this agreement result from amendments to the TRICARE/CHAMPUS regulation through rulemaking procedures, the Executive Director, TMA, or designee, is not required to give 120 days’ ' written notice. Amendments to this agreement resulting from amendments to the TRICARE/CHAMPUS regulation shall become effective on the date the regulation amendment is effective or the date this agreement is amended, whichever date is earlier. (b) The RTC, if it concludes it does not wish to accept the proposed amendment(s), including any amendment resulting from amendment(s) to the TRICARE/CHAMPUS regulation accomplished through rulemaking procedures, may terminate its participation as provided for in Article 13.3, below. However, if the RTC’s 's notice of intent to terminate its participation is not given at least 60 days before the effective date of the proposed amendment(s), then the proposed amendment(s) shall be incorporated into this agreement for RTC care furnished between the effective date of the amendment(s) and the effective date of termination of this agreement.

AMENDMENT BY TMA. (a) The Executive Director, TMA, or a designee may amend the terms of this participation agreement by giving 120 days’ ' notice in writing of the amendment(s) except amendments to the TRICARE/CHAMPUS TRICARE /CHAMPUS regulation, which shall be considered effective as of the effective date of the regulation change and do not require a formal amendment of this agreement to be effective. When changes or modifications to this agreement result from amendments to the TRICARE/CHAMPUS TRICARE /CHAMPUS regulation through rulemaking procedures, the Executive Director, TMA, or designee, is not required to give 120 days’ ' written notice. Amendments to this agreement resulting from amendments to the TRICARE/CHAMPUS TRICARE /CHAMPUS regulation shall become effective on the date the regulation amendment is effective or the date this agreement is amended, whichever date is earlier. (b) The RTC, if it concludes it does not wish to accept the proposed amendment(s), including any amendment resulting from amendment(s) to the TRICARE/CHAMPUS TRICARE /CHAMPUS regulation accomplished through rulemaking procedures, may terminate its participation as provided for in Article 13.3, below. However, if the RTC’s 's notice of intent to terminate its participation is not given at least 60 days before the effective date of the proposed amendment(s), then the proposed amendment(s) shall be incorporated into this agreement for RTC care furnished between the effective date of the amendment(s) and the effective date of termination of this agreement.