Determination of Compliance. Performance is monitored once every quarter. Compliance determination with the standard applies only to the quarter under consideration and does not include performance in previous quarters. Penalty for noncompliance with the Data Quality Standard for measure 1: The first time an MCP is noncompliant with a standard for this measure, ODJFS will issue a Sanction Advisory informing the MCP that any future noncompliance instances with the standard for this measure will result in ODJFS imposing a monetary sanction. Upon all subsequent measurements of performance, if an MCP is again determined to be noncompliant with the standard, ODJFS will impose a monetary sanction (see Section 6.) of one percent of the current month’s premium payment. The monetary sanction will be applied for each file type in the ODJFS-specified medium per format that is determined to be out of compliance. Once the MCP is performing at standard levels and violations/deficiencies are resolved to the satisfaction of ODJFS, the money will be refunded. Measure 2 only applies to MCPs that have had Medicaid membership for one year or less.
Determination of Compliance. Performance is monitored once every month. Compliance determination with the standard applies only to the month under consideration and does not include performance in previous quarters. Penalty for Noncompliance with the Data Quality Standard for measure 2: If the MCP is determined to be noncompliant for either standard, ODJFS will impose a monetary sanction of one percent of the MCP’s current month’s premium payment. The monetary sanction will be applied for each file type in the ODJFS-specified medium per format that is determined to be out of compliance. The monetary sanction will be applied only once per file type per compliance determination period and will not exceed a total of two percent of the MCP’s current month’s premium payment. Once the MCP is performing at standard levels and violations/deficiencies are resolved to the satisfaction of ODJFS, the money will be refunded. Special consideration will be made for MCPs with less than 1,000 members.
Determination of Compliance. Any work performed, whether or not the Owner obtained proper approvals, may be inspected and a determination of compliance made as follows:
Determination of Compliance. (a) to witness tests;
Determination of Compliance. 1. Where there is disagreement between the complaining Party and the Party complained against as to the existence or consistency with this Agreement of measures taken to comply with the recommendations or rulings of a panel, such disagreement shall be resolved through recourse to the dispute settlement procedures provided for in this Article,
Determination of Compliance. Performance is monitored once every month. Compliance determination with the standard applies only to the month under consideration and does not include performance in previous quarters.
Determination of Compliance. (1.) Performing compliance and conformity inspections
Determination of Compliance. Performance is monitored once every quarter for the entire report period. If the standard is not met for every service category in all quarters of the report period, then the MCP will be determined to be noncompliant for the report period. Penalty for noncompliance: The first time an MCP is noncompliant with a standard for this measure, ODJFS will issue a Sanction Advisory informing the MCP that any future noncompliance instances with the standard for this measure will result in ODJFS imposing a monetary sanction. Upon all subsequent measurements of performance, if an MCP is again determined to be noncompliant with the standard, ODJFS will impose a monetary sanction (see Section 6.) of two percent of the current month’s premium payment. Monetary sanctions will not be levied for consecutive quarters that an MCP is determined to be noncompliant. If an MCP is noncompliant for three consecutive quarters, membership will be frozen. Once the MCP is determined to be compliant with the standard and the violations/deficiencies are resolved to the satisfaction of ODJFS, the penalties will be lifted, if applicable, and monetary sanctions will be returned. Appendix L Aged, Blind or Disabled (ABD) population Page 4
Determination of Compliance. Compliance with these financial covenants shall be determined by reference to the financial statements of Borrower calculated for Borrower and its Subsidiaries delivered to Lender and shall exclude any balance sheet information or results of operations of any Subsidiary which is not also a Guarantor. All financial covenants shall be applicable at all times and shall be tested at the end of each fiscal quarter except as set forth in paragraph 6(c)(1) above.
Determination of Compliance. For purposes of this subsection, compliance with the reconciliation instructions under this concurrent resolution shall be determined by the Chairman of the Committee on the Budget of the Senate.
