Common use of Unauthorized Programs and Activities Clause in Contracts

Unauthorized Programs and Activities. Should any part of the scope of work under this agreement relate to a program that is no longer authorized by law (e.g., which has been vacated by a court of law, or for which CMS has withdrawn federal authority, or which is the subject of a legislative repeal), the PH-MCO must do no work on that part after the effective date of the loss of program authority. The Department must adjust capitation rates to remove costs that are specific to any program or activity that is no longer authorized by law. If PH-MCO works on a program or activity no longer authorized by law after the date the legal authority for the work ends, PH-MCO will not be paid for that work. If the PH-MCO was paid in advance to work on a no-longer- authorized program or activity and under the terms of this agreement the work was to be performed after the date the legal authority ended, the payment for that work should be returned to the Department. However, if PH-MCO worked on a program or activity prior to the date legal authority ended for that program or activity, and the Department included the cost of performing that work in its payments to the PH-MCO, The PH-MCO may keep the payment for that work even if the payment was made after the date the program or activity lost legal authority.

Unauthorized Programs and Activities. Should any part of the scope of work under this agreement relate to a program that is no longer authorized by law (e.g., which has been vacated by a court of law, or for which CMS has withdrawn federal authority, or which is the subject of a legislative repeal), the PH-MCO must do no work on that part after the effective date of the loss of program authority. The Department must adjust capitation rates to remove costs that are specific to any program or activity that is no longer authorized by law. If PH-MCO works on a program or activity no longer authorized by law after the date the legal authority for the work ends, PH-MCO will not be paid for that work. If the PH-MCO was paid in advance to work on a no-longer- longer-authorized program or activity and under the terms of this agreement the work was to be performed after the date the legal authority ended, the payment for that work should be returned to the Department. However, if PH-MCO worked on a program or activity prior to the date legal authority ended for that program or activity, and the Department included the cost of performing that work in its payments to the PH-MCO, The PH-MCO may keep the payment for that work even if the payment was made after the date the program or activity lost legal authority.

Unauthorized Programs and Activities. ‌ Should any part of the scope of work under this agreement relate to a 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 PH-MCO must do no work on that part after the effective date of the loss of program authority. The Department must adjust capitation rates to remove costs that are specific to any program or activity that is no longer authorized by law. If PH-MCO works on a program or activity no longer authorized by law after the date the legal authority for the work ends, PH-MCO will not be paid for that work. If the PH-MCO was paid in advance to work on a no-longer- longer-authorized program or activity and under the terms of this agreement the work was to be performed after the date the legal authority ended, the payment for that work should be returned to the Department. However, if PH-MCO worked on a program or activity prior to the date legal authority ended for that program or activity, and the Department included the cost of performing that work in its payments to the PH-MCO, The PH-MCO may keep the payment for that work even if the payment was made after the date the program or activity lost legal authority.