Common use of Termination by CMS Clause in Contracts

Termination by CMS. i. CMS may immediately or with advance notice terminate the Model, a Participation Agreement, the Implementation Period and/or Transition Period of the Model, or this Agreement if CMS, in its sole discretion, determines that: 1. the State has failed to submit, obtain approval for, successfully implement, or fully comply with the terms of a CAP required by Section 20.g. and the CAP was required due to a triggering event listed in Section 20.b.7. through 20.b.24; or 2. the State has not timely complied with an enforcement action required by CMS pursuant to Section 20.f.ii. through 20.f.v., provided such enforcement action was due to a triggering event listed in event listed in Section 20.b.7. through 20.b.26; or ii. CMS will immediately terminate this Agreement and/or the Pre-Implementation Period of the Model if the State has failed to receive approval by CMS for a Proposed State-Designed Medicare FFS Hospital Global Budget Methodology by April 1, 2025, as described in Section 11.a.iii.