Effect of Invalidity of Clauses. If any clause or provision of this Agreement is in conflict with any state or federal statute or regulation, that clause or provision shall be null and void, and any such invalidity shall not affect the validity of the remainder of this Agreement.
Effect of Invalidity of Clauses. If any clause or provision of this Contract is in conflict with any federal or State law or regulation, that clause or provision will be null and void and any such invalidity will not affect the validity of the remainder of this Contract. Should any part of the scope of work under this Contract relate to a state program that is no longer authorized by law (e.g., which has been vacated by a court of law, or for which CMS has withdrawn federal authority, or which is the subject of a legislative repeal), the Contractor must do no work on that part after the effective date of the loss of program authority. EOHHS and CMS must adjust capitation rates to remove costs that are specific to any program or activity that is no longer authorized by law. If the Contractor works on a program or activity no longer authorized by law after the date the legal authority for the work ends, the Contractor will not be paid for that work. If EOHHS or CMS paid the Contractor in advance to work on a no‑longer‑authorized program or activity and under the terms of this Contract the work was to be performed after the date the legal authority ended, the payment for that work should be returned to EOHHS or CMS, respectively. However, if the Contractor worked on a program or activity prior to the date legal authority ended for that program or activity, and EOHHS or CMS included the cost of performing that work in its payments to the Contractor, the Contractor may keep the payment for that work even if the payment was made after the date the program or activity lost legal authority. Conflict of Interest Neither the Contractor nor any First Tier, Downstream, or Related Entity may, for the duration of the Contract, have any interest that will conflict, as determined by CMS and EOHHS with the performance of services under the Contract. Without limiting the generality of the foregoing, CMS and EOHHS require that neither the Contractor nor any First Tier, Downstream, or Related Entity has any financial, legal, contractual or other business interest in any entity performing One Care Plan enrollment functions for EOHHS. In accordance with 42 U.S.C. § 1396u‑2(d)(3) and 42 C.F.R. § 438.58, EOHHS will implement safeguards against conflicts of interest on the part of its officers and employees who have responsibilities relating to the Contractor or any First Tier, Downstream, or Related Entity that are at least as effective as the safeguards specified in section 27 of the Office of Federal Procureme...
Effect of Invalidity of Clauses. 5.3.16.1. If any clause or provision of this Contract is in conflict with any federal or Ohio law or regulation, that clause or provision will be null and void and any such invalidity will not affect the validity of the remainder of this Contract.
Effect of Invalidity of Clauses. If any clause or provision of this Contract is in conflict with any federal or State law or regulation, that clause or provision will be null and void and any such invalidity will not affect the validity of the remainder of this Contract. Conflict of Interest Neither the Contractor nor any Subcontractor may, for the duration of the Contract, have any interest that will conflict, as determined by EOHHS, with the performance of services under the Contract, or that may be otherwise anticompetitive. In accordance with 42 U.S.C. § 1396u-2(d)(3) and 42 CFR 438.58, EOHHS will implement safeguards against conflicts of interest on the part of its officers and employees who have responsibilities relating to the Contractor or any Subcontractor that are at least as effective as the safeguards specified in section 27 of the Office of Federal Procurement Policy (41 U.S.C. § 423). Insurance for Contractor's Employees The Contractor must agree to maintain at the Contractor's expense all insurance required by law for its employees, including worker's compensation and unemployment compensation, and must provide EOHHS with certification of same upon request. The Contractor, and its professional personnel providing services to Enrollees, must obtain and maintain appropriate professional liability insurance coverage. The Contractor must, at the request of EOHHS, provide certification of professional liability insurance coverage. Key Personnel If the Contractor wishes to substitute another individual for the Director of the Senior Care Options Program, identified in Section 2.2, the compliance officer, identified in Section 5.2.B.1.b, or the medical director, identified in Section 2.9.C.2.b, the Contractor must notify EOHHS and CMS immediately and provide the name of a suitable replacement. Upon EOHHS or CMS request, the Contractor must provide EOHHS and CMS with the resumé of the proposed replacement and offer EOHHS and CMS an opportunity to interview the person. If EOHHS and CMS are not reasonably satisfied that the proposed replacement has ability and experience comparable to the originally approved personnel, EOHHS and CMS will notify the Contractor within 10 business days after receiving the resumé and completing any interview. The Contractor must then propose another replacement for approval. This process must be repeated until EOHHS and CMS approve new key personnel. If EOHHS and CMS are concerned that the Director of the Senior Care Options Program, identified in Sectio...
Effect of Invalidity of Clauses. If any clause or provision of this Contract is in conflict with any federal or State law or regulation, that clause or provision will be null and void and any such invalidity will not affect the validity of the remainder of this Contract. Conflict of Interest Neither the Contractor nor any First Tier, Downstream, or Related Entity may, for the duration of the Contract, have any interest that will conflict, as determined by CMS and EOHHS with the performance of services under the Contract. Without limiting the generality of the foregoing, CMS and EOHHS require that neither the Contractor nor any First Tier, Downstream, or Related Entity has any financial, legal, contractual or other business interest in any entity performing One Care Plan enrollment functions for EOHHS. In accordance with 42 U.S.C. § 1396u-2(d)(3) and 42 C.F.R. § 438.58, EOHHS will implement safeguards against conflicts of interest on the part of its officers and employees who have responsibilities relating to the Contractor or any First Tier, Downstream, or Related Entity that are at least as effective as the safeguards specified in section 27 of the Office of Federal Procurement Policy (41 U.S.C. § 423). Insurance for Contractor's Employees The Contractor must agree to maintain at the Contractor's expense all insurance required by law for its employees, including worker's compensation and unemployment compensation, and must provide CMS and EOHHS with certification of same upon request. The Contractor, and its professional personnel providing services to Enrollees, must obtain and maintain appropriate professional liability insurance coverage. The Contractor must, at the request of CMS or EOHHS, provide certification of professional liability insurance coverage. Key Personnel The Contractor’s Senior Program Manager and/or the Executive with oversight of the Program, Chief Medical Officer/Medical Director, Pharmacy Director, Behavioral Health Director, Director of /Long Term Services and Support, ADA Compliance Director, Chief Financial Officer, Chief Operating Officer or Director of Operations, Program Quality Manager, Senior Manager of Clinical Services or equivalent position, Claims Director, IT Director, Compliance Officer, Provider Network Manager, and the designated “Key Contact” are key personnel. The Contractor shall submit to EOHHS the name, resume, and job description for each of the key personnel to EOHHS within 5 days of executing this Contract. If the Contractor substitutes ano...
