Stipulated Penalties for Failure to Comply with Certain Obligations Clause Examples
The 'Stipulated Penalties for Failure to Comply with Certain Obligations' clause establishes predetermined financial penalties that a party must pay if they fail to meet specific contractual duties. Typically, this clause outlines which obligations are subject to penalties, the amount or formula for calculating the penalty, and the process for enforcement. For example, if a contractor misses a project deadline, a set daily penalty may apply until the obligation is fulfilled. The core function of this clause is to incentivize timely and proper performance, while providing a clear, agreed-upon remedy for non-compliance, thereby reducing disputes over damages.
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Stipulated Penalties for Failure to Comply with Certain Obligations. As a contractual remedy, Extendicare and OIG hereby agree that failure to comply with certain obligations as set forth in this CIA may lead to the imposition of the following monetary penalties (hereinafter referred to as “Stipulated Penalties”) in accordance with the following provisions.
1. A Stipulated Penalty of $2,500 (which shall begin to accrue on the day after the date the obligation became due) for each day Extendicare fails to establish and effectively implement any of the following obligations as described in Section III:
a. a Compliance Officer;
b. a Compliance Committee;
Stipulated Penalties for Failure to Comply with Certain Obligations. As a contractual remedy, CHSI and OIG hereby agree that failure to comply with certain obligations as set forth in this CIA may lead to the imposition of the following monetary penalties (hereinafter referred to as “Stipulated Penalties”) in accordance with the following provisions.
1. A Stipulated Penalty of $2,500 (which shall begin to accrue on the day after the date the obligation became due) for each day CHSI fails to establish and implement any of the following obligations as described in Section III:
a. a Corporate Compliance and Privacy Officer, Corporate Compliance Directors, and/or Facility Compliance Officers;
b. a Corporate Compliance Work Group; and/or Facility Compliance Committees;
c. the Board of Directors compliance obligations; Community Health Systems, Inc. Corporate Integrity Agreement
d. a written Code of Conduct;
e. written Policies and Procedures;
f. the training of Covered Persons, Relevant Covered Persons, and Board Members;
g. a Disclosure Program;
h. Ineligible Persons screening and removal requirements;
i. notification of Government investigations or legal proceedings; and
j. reporting of Reportable Events.
2. A Stipulated Penalty of $2,500 (which shall begin to accrue on the day after the date the obligation became due) for each day CHSI fails to engage and use an IRO, as required in Section III.E, Appendix A, and Appendix B.
3. A Stipulated Penalty of $2,500 (which shall begin to accrue on the day after the date the obligation became due) for each day CHSI fails to submit the Implementation Report or any Annual Reports to OIG in accordance with the requirements of Section V by the deadlines for submission.
4. A Stipulated Penalty of $2,500 (which shall begin to accrue on the day after the date the obligation became due) for each day CHSI fails to submit any Inpatient Medical Necessity and Appropriateness Review Report, Unallowable Cost Review Report, or Arrangements Review Report in accordance with the requirements of Section III.E, Appendix B, and Appendix C.
5. A Stipulated Penalty of $1,500 for each day CHSI fails to grant access as required in Section VII. (This Stipulated Penalty shall begin to accrue on the date CHSI fails to grant access.)
6. A Stipulated Penalty of $50,000 for each false certification submitted by or on behalf of CHSI as part of its Implementation Report, Annual Report, additional documentation to a report (as requested by the OIG), or otherwise required by this CIA. Community Health Systems, Inc. Corp...
Stipulated Penalties for Failure to Comply with Certain Obligations. As a contractual remedy, Apria and OIG hereby agree that failure to comply with certain obligations as set forth in this CIA may lead to the imposition of the following monetary penalties (hereinafter referred to as “Stipulated Penalties”) in accordance with the following provisions.
Stipulated Penalties for Failure to Comply with Certain Obligations. As a contractual remedy, LFAC and OIG hereby agree that failure to comply with certain obligations set forth in this IA may lead to the imposition of the following monetary penalties (hereinafter referred to as “Stipulated Penalties”) in accordance with the following provisions.
1. A Stipulated Penalty of $1,000 (which shall begin to accrue on the day after the date the obligation became due) per obligation for each day LFAC fails to establish, implement or comply with any of the following obligations as described in Section III:
a. post a notice in accordance with the requirements of Section III.A;
b. complete the training required for LFAC and Covered Persons and maintain training records, in accordance with the requirements of Section III.B;
c. screen Covered Persons in accordance with the requirements of Section III.D; require Covered Persons to disclose if they are excluded in accordance with the requirements of Section III.D; or maintain copies of print screens from search results to demonstrate the required screening has been performed in accordance with the requirements of Section III.D;
d. notify OIG of a government investigation or legal proceeding, in accordance with the requirements of Section III.E;
e. repay any Overpayments as required by Section III.F and Appendix B; f. report a Reportable Event in accordance with Section III.G; or
Stipulated Penalties for Failure to Comply with Certain Obligations. As a contractual remedy, GSK and OIG hereby agree that failure to comply with certain obligations as set forth in this CIA may lead to the imposition of the following monetary penalties (hereinafter referred to as “Stipulated Penalties”) in accordance with the following provisions.
1. A Stipulated Penalty of $2,500 (which shall begin to accrue on the day after the date the obligation became due) for each day GSK fails to establish and implement any of the following obligations as described in Section III:
a. a Compliance Officer;
b. a Compliance Committee;
c. the Board compliance obligations, including the resolution from the Board;
d. the management accountability and certification obligations;
e. a written Code of Conduct;
f. written Policies and Procedures;
g. the training of Covered Persons, Relevant Covered Persons, Management, and Board Members;
h. a TRACER program;
i. a Disclosure Program;
Stipulated Penalties for Failure to Comply with Certain Obligations. As a contractual remedy, Center for Pain Management and OIG hereby agree that failure to comply with certain obligations set forth in this IA may lead to the imposition of the following monetary penalties (hereinafter referred to as “Stipulated Penalties”) in accordance with the following provisions.
1. A Stipulated Penalty of $1,000 (which shall begin to accrue on the day after the date the obligation became due) per obligation for each day Center for Pain Management fails to establish, implement or comply with any of the following obligations as described in Section III:
a. appoint a Compliance Officer as required by Section III.A;
b. written Policies and Procedures required by Section III.B;
c. post a notice in accordance with the requirements of Section III.C;
d. complete the training required for Covered Persons and Ordering Providers and maintain training records, in accordance with the requirements of Section III.D; e. screen Covered Persons in accordance with the requirements of Section III.F; require Covered Persons to disclose if they are excluded in accordance with the requirements of Section III.F; or maintain copies of print screens from search results to demonstrate the required screening has been performed in accordance with the requirements of Section III.F;
Stipulated Penalties for Failure to Comply with Certain Obligations. As a contractual remedy, HealthSouth and OIG hereby agree that failure to comply with certain obligations as set forth in this CIA may lead to the imposition of the following monetary penalties (hereinafter referred to as “Stipulated Penalties”) in accordance with the following provisions.
1. A Stipulated Penalty of $2,500 (which shall begin to accrue on the day after the date the obligation became due) for each day HealthSouth fails to establish and implement any of the following obligations as described in Section III:
a. a Compliance Officer;
b. an Executive Compliance Committee;
c. a Board Compliance Committee;
d. a written Code of Conduct;
e. written policies and procedures pursuant to Section III.B.3;
f. the training of Covered Persons;
g. a Disclosure Program;
h. Ineligible Persons screening and removal requirements; and
i. Notification of Government investigations or legal proceedings pursuant to Section III.G. Corporate Integrity Agreement HealthSouth Corporation
2. A Stipulated Penalty of $2,500 (which shall begin to accrue on the day after the date the obligation became due) for each day HealthSouth fails to engage an IRO, as required in Section III.D and Appendix A.
3. A Stipulated Penalty of $2,500 (which shall begin to accrue on the day after the date the obligation became due) for each day HealthSouth fails to submit the Implementation Report or the Annual Reports to OIG in accordance with the requirements of Section V by the deadlines for submission.
4. A Stipulated Penalty of $2,500 (which shall begin to accrue on the day after the date the obligation became due) for each day HealthSouth fails to submit the annual Cost Reporting Engagement Report, Unallowable Cost Review Report, Claims Review Report, or Annual Audit Report, if applicable, in accordance with the requirements of Section III.D and Appendix B.
5. A Stipulated Penalty of $1,500 for each day HealthSouth fails to grant access to the information or documentation as required in Section VII. (This Stipulated Penalty shall begin to accrue on the date HealthSouth fails to grant access.)
6. A Stipulated Penalty of $5,000 for each false certification submitted by or on behalf of HealthSouth as part of its Implementation Report, Annual Report, additional documentation to a report (as requested by the OIG), or otherwise required by this CIA.
7. A Stipulated Penalty of $1,000 for each day HealthSouth fails to comply fully and adequately with any obligation of this CIA. OIG shall provide no...
Stipulated Penalties for Failure to Comply with Certain Obligations. As a contractual remedy, DLDC and OIG hereby agree that failure to comply with certain obligations set forth in this IA may lead to the imposition of the following monetary penalties (hereinafter referred to as “Stipulated Penalties”) in accordance with the following provisions.
1. A Stipulated Penalty of $1,000 (which shall begin to accrue on the day after the date the obligation became due) for each day DLDC fails to establish, implement or comply with any of the following obligations as described in Section III:
a. appoint a Compliance Officer as required by Section III.A; b. written Policies and Procedures required by Section III.B;
Stipulated Penalties for Failure to Comply with Certain Obligations. As a contractual remedy, Vanguard and OIG hereby agree that failure to comply with certain obligations as set forth in this CIA may lead to the imposition of the following monetary penalties (hereinafter referred to as “Stipulated Penalties”) in accordance with the following provisions.
1. A Stipulated Penalty of $2,500 (which shall begin to accrue on the day after the date the obligation became due) for each day Vanguard fails to establish and implement any of the following obligations as described in Section III:
a. a Compliance Officer;
b. a Compliance Committee;
c. a written Code of Conduct;
d. written Policies and Procedures;
e. the training of Covered Persons and Arrangements Covered Persons; f. the Focus Arrangements Procedures and/or Focus Arrangements Requirements described in Sections III.D.1 and III.D.2; g. a Disclosure Program;
Stipulated Penalties for Failure to Comply with Certain Obligations. As a contractual remedy, Good Shepherd and OIG hereby agree that failure to comply with certain obligations as set forth in this CIA may lead to the imposition of the following monetary penalties (hereinafter referred to as “Stipulated Penalties”) in accordance with the following provisions.
1. A Stipulated Penalty of $2,500 (which shall begin to accrue on the day after the date the obligation became due) for each day Good Shepherd fails to establish and implement any of the following obligations as described in Sections III and IV:
a. a Compliance Officer;
b. a Compliance Committee;
c. the Board of Directors compliance obligations;
d. the management certification obligations;
e. a written Code of Conduct;
f. written Policies and Procedures;
g. the development and/or implementation of a Training Plan for the training of Covered Persons, Relevant Covered Persons, and Board Members;
h. a risk assessment and internal review process as required by Section III.E;
i. a Disclosure Program;
j. Ineligible Persons screening and removal requirements;
k. notification of Government investigations or legal proceedings;
l. policies and procedures regarding the repayment of Overpayments;
m. the repayment of Overpayments as required by Section III.I; n. reporting of Reportable Events; and