Common use of Suspension of marketing Clause in Contracts

Suspension of marketing. If CMS or EOHHS have identified a deficiency in the performance of a First Tier, Downstream, or Related Entity and the Contractor has not successfully implemented a corrective action plan in accordance with Section 5.3.13, CMS and EOHHS may: Require the Contractor to subcontract with a different First Tier, Downstream, or Related Entity deemed satisfactory by CMS and EOHHS; or Require the Contractor to change the manner or method in which the Contractor ensures the performance of such contractual responsibility. Before imposing any intermediate sanctions, the State and CMS must give the entity timely written notice that explains the basis and nature of the sanction and other due process protections that the State elects to provide. For each month where the Contractor has not met data submission standards for Medicaid-only Encounter Data as described in Section 2.17, Appendix N, and elsewhere in this Contract, EOHHS may apply a Capitation Payment deduction as follows: EOHHS shall deduct two (2%) percent from the Contractor‘s Capitation Payment for one month; Once the Contractor has corrected a month‘s data submission, in EOHHS‘ determination, EOHHS shall pay the Contractor the amount of the deduction applied for such month; and If EOHHS subsequently detects additional deficiencies in such corrected data submission, EOHHS may apply the deduction again to a subsequent month‘s Capitation Payment.

Suspension of marketing. If CMS or EOHHS have identified a deficiency in the performance of a First Tier, Downstream, or Related Entity and the Contractor has not successfully implemented a corrective action plan in accordance with Section 5.3.13, CMS and EOHHS may: Require the Contractor to subcontract with a different First Tier, Downstream, or Related Entity deemed satisfactory by CMS and EOHHS; or Require the Contractor to change the manner or method in which the Contractor ensures the performance of such contractual responsibility. Before imposing any intermediate sanctions, the State and CMS must give the entity timely written notice that explains the basis and nature of the sanction and other due process protections that the State elects to provide. For each month where the Contractor has not met data submission standards for Medicaid-only Medicaid‑only Encounter Data as described in Section 2.17, Appendix N, and elsewhere in this Contract, EOHHS may apply a Capitation Payment deduction as follows: EOHHS shall deduct two (2%) percent from the Contractor‘s Contractor’s Capitation Payment for one month; Once the Contractor has corrected a month‘s month’s data submission, in EOHHS‘ ’ determination, EOHHS shall pay the Contractor the amount of the deduction applied for such month; and If EOHHS subsequently detects additional deficiencies in such corrected data submission, EOHHS may apply the deduction again to a subsequent month‘s month’s Capitation Payment.

Suspension of marketing. If CMS or EOHHS have identified a deficiency in the performance of a First Tier, Downstream, or Related Entity and the Contractor has not successfully implemented a corrective action plan in accordance with Section 5.3.13, CMS and EOHHS may: Require the Contractor to subcontract with a different First Tier, Downstream, or Related Entity deemed satisfactory by CMS and EOHHS; or Require the Contractor to change the manner or method in which the Contractor ensures the performance of such contractual responsibility. Before imposing any intermediate sanctions, the State and CMS must give the entity timely written notice that explains the basis and nature of the sanction and other due process protections that the State elects to provide. For each month where the Contractor has not met data submission standards for Medicaid-only Encounter Data as described in Section 2.17, Appendix N, and elsewhere in this Contract, EOHHS may apply a Capitation Payment deduction as follows: EOHHS shall deduct two (2%) percent from the Contractor‘s Contractor’s Capitation Payment for one month; Once the Contractor has corrected a month‘s month’s data submission, in EOHHS‘ ’ determination, EOHHS shall pay the Contractor the amount of the deduction applied for such month; and If EOHHS subsequently detects additional deficiencies in such corrected data submission, EOHHS may apply the deduction again to a subsequent month‘s month’s Capitation Payment. Additional Administrative Procedures CMS and EOHHS may, from time to time, issue program memoranda clarifying, elaborating upon, explaining, or otherwise relating to Contract administration and other management matters. The Contractor must comply with all such program memoranda as may be issued from time to time.