Legislative Limitations Clause Samples

Legislative Limitations. Notwithstanding any other provision of this Agreement, if the governmental agencies (or their representatives) which administer Medicare or Medicaid, or any other third party payor, or any other federal, state or local government or agency passes, issues or promulgates any law, rule, regulation, standard or interpretation at any time while this Agreement is in effect which prohibits, restricts, limits or in any way adversely changes the method or amount of reimbursement, compensation or payment for services rendered by the Company (or its physician employees) under this Agreement, or which otherwise adversely affects either the Employee's or the Company's rights or obligations hereunder, then (i) the parties hereto shall, promptly upon notice from either party, negotiate in good faith to amend this Agreement to provide for such reimbursement, compensation or payment for services in a manner consistent with any prohibition, restriction, limitation and/or which takes into account any adverse change in reimbursement, compensation or payment for physician services, and (ii) in the event the parties are unable to reach agreement within ten (10) days after said notice is given, the Company shall have the option of either (x) assigning this Agreement (and the Company's rights and obligations hereunder) to an Affiliate (if such assignment cures or substantially alleviates such prohibition, restriction, limitation or adverse change) or (y) terminating this Agreement, and the rights and obligations of each of the parties hereunder, as of midnight on such tenth (10th) day.

Legislative Limitations. Notwithstanding any other provisions of this Agreement, if the governmental agencies (or their representatives) that administer Medicare or Medicaid, or any other payor, or any other federal, state or local government or agency, passes, issues or promulgates any law, rule, regulation, standard or interpretation at any time while this Agreement is in effect which prohibits, restricts, limits or in any way materially changes the method or amounts of reimbursement or payment for services rendered under this Agreement, or give the other party notice of intent to amend this Agreement to the satisfaction of the noticing party, to reflect the prohibition, restriction, limitation or change, provided, however, that no such amendment shall alter the basic economic status of the parties pursuant to this Agreement. If this Agreement is not so amended in writing within sixty (60) days after such notice is given, the parties agree to submit the issues of such an amendment to arbitration in accordance with subparagraph 15(k); provided, however, that if at the election of either party, a formal appeal is filed with the relevant government agency, or a suit is filed in a court of competent jurisdiction, so as to stay the implementation of any such law, rule, regulation, standard or interpretation, during the period of such stay, the right to amend as set forth above shall also be stayed.

Legislative Limitations. In the event Medicare, Medicaid, CHAMPUS, or any third-party payor, or any other federal, state or local laws, rules, regulations, or interpretations (collectively "Legislation") at any time during the term of this Agreement prohibit, restrict, or in any way substantially change the method or amount of reimbursement or payment for Services under this Agreement, then this Agreement shall, in good faith, be negotiated for amendment by the parties to provide for payment of compensation in a manner consistent with any such prohibition, restriction, or limitation. If the Agreement is not amended prior to the effective date of such rule, regulation, or interpretation, this Agreement shall terminate as of the effective date of such Legislation.

Legislative Limitations. Notwithstanding any other provision of this Agreement, if the governmental agencies (or their representatives) which administer Medicare or Medicaid, or any other government third party payor program, or any other federal, state or local government or agency passes, issues or promulgates any law, rule, regulation, standard or interpretation at any time while this Agreement is in effect which prohibits, restricts, limits or in any way adversely changes the method or amount of reimbursement, compensation or payment for services rendered by Employee on behalf of the company or its Affiliates under this Agreement, or which otherwise adversely affects either Employee’s or the Company’s rights or obligations hereunder, then the parties hereto shall, promptly upon notice from either party, negotiate in good faith to amend this Agreement (taking into account Employee’s legal and ethical obligations to Employee’s patients) to provide for such reimbursement, compensation or payment for services in a manner reasonably acceptable to Employee and the Company and consistent with any prohibition, restriction, limitation and/or which takes into account any adverse change in reimbursement, compensation or payment for physician services.

Legislative Limitations. In the event Medicare, Medicaid, or any other federal, state, or local laws, rules, regulations, or interpretations at any time during the term of this Agreement prohibit, restrict or in any way substantially change any aspect of this Agreement, then this Agreement shall, in good faith, be amended by the Parties to comply with any such prohibition, restriction, or limitation. If this Agreement is not amended prior to the effective date of such rule, regulation, or interpretation, this Agreement shall terminate as of such effective date.

Legislative Limitations. Notwithstanding any other provision of this Agreement, if the governmental agencies (or their representatives) which administer Medicare or Medicaid, or any other government third party payor program, or any other federal, state or local government or agency passes, issues or promulgates any law, rule, regulation, standard or interpretation at any time while this Agreement is in effect which prohibits, restricts, limits or in any way adversely changes the method or amount of reimbursement, compensation or payment for services rendered by the Company (or its physician employees) under this Agreement, or which otherwise adversely affects either the Employee’s or the Company’s rights or obligations hereunder, then (i) the parties hereto shall, promptly upon notice from either party, negotiate in good faith to amend this Agreement to provide for such reimbursement, compensation or payment for services in a manner consistent with any prohibition, restriction, limitation and/or which takes into account any adverse change in reimbursement, compensation or payment for physician services, and (ii) in the event the parties are unable to reach agreement within ten (10) days after said notice is given, the Company shall assign this Agreement (and the Company’s rights and obligations hereunder) to an Affiliate, so long as (1) such Affiliate is of equal or greater financial strength as the Company or (2) the Company guarantees the obligations of such Affiliate hereunder (if such assignment cures or substantially alleviates such prohibition, restriction, limitation or adverse change).

Legislative Limitations. Notwithstanding any other provisions of this Agreement, if the governmental agencies (or their representative) which administer Medicare or Medicaid, or any other payor, or any other Federal, state or local government or agency, the Board of Medicine, the Board of Nursing, the Agency for Health Care Administration, or passes, issues or promulgates any law, rule, regulation, standard or interpretation at any time while this Agreement is in effect which prohibits, restricts, limits or in any way materially changes the method or amounts of reimbursements or payment for services rendered under this Agreement, or which otherwise materially affects either party's rights or obligations hereunder, either party may give the other party notice of a desire to amend this Agreement to the satisfaction of the noticing party, which amendment shall be to the minimum extent necessary to comply with the law, rule or regulation in question and to preserve to the parties their original rights and duties to the maximum extent possible. Unless the other party objects to the amendment in writing within thirty (30) days of receipt of the notice to amend, the amendment shall be deemed automatically adopted. If the other party timely objects to the amendment, the parties shall attempt to agree on an amendment within an additional thirty (30) days. If the parties are unable to agree on an amendment, they shall submit the matter to confidential binding arbitration by the American Health Lawyers Association’s Alternative Dispute Resolution Service, which shall appoint an arbitrator to determine the minimum amendment necessary to comply with such law, rule or regulation, and to preserve to the parties their original rights and duties to the maximum extent possible. The decision of such arbitrator shall be final and binding on all parties. The cost of such arbitration shall be paid by the parties equally. Notwithstanding the above, if, at the election of either party, a formal appeal is filed with the relevant governmental agency, or a suit is filed in a court of competent jurisdiction, so as to stay the implementation of any such law, rule, regulation, standard or interpretation, during the period of such stay, the right to amend as set forth above shall also be stayed.

Legislative Limitations. Notwithstanding any other provision of ----------------------- this Agreement, if the governmental agencies (or their representatives) which administer Medicare or Medicaid, or any other government third party payor program, or any other federal, state or local government or agency passes, issues or promulgates any law, rule, regulation, standard or (i) the parties hereto shall, promptly upon notice from either party, negotiate in good faith to amend this Agreement to provide for such reimbursement, compensation or payment for services in a manner consistent with any prohibition, restriction, limitation and/or which takes into account any adverse change in reimbursement, compensation or payment for physician services, and (ii) in the event the parties are unable to reach agreement within ten (10) days after said notice is given, the Company shall assign this Agreement (and the Company's rights and obligations hereunder) to an Affiliate, (if such assignment cures or substantially alleviates such prohibition, restriction, limitation or adverse change) or terminate this Agreement, and the rights and obligations of each of the parties hereunder, as of midnight on such tenth (10th) day.