Common use of Additional Monitor Obligations Clause in Contracts

Additional Monitor Obligations. The Monitor shall: a. abide by all state and federal laws and regulations concerning the privacy, dignity, and employee rights of all Covered Persons, and residents; b. abide by the legal requirements of Extendicare to maintain the confidentiality of each resident’s personal and clinical records. Nothing in this subsection, however, shall limit or affect the Monitor’s obligation to provide information, including information from resident clinical records, to OIG, and, when legally or professionally required, to other agencies; c. at all times act reasonably in connection with its duties under the CIA including when requesting information from Extendicare; d. if the Monitor has concerns about action plans that are not being enforced or systemic problems that could affect Extendicare’s ability to render quality care to its residents, then the Monitor shall: i. report such concerns in writing to OIG; and ii. simultaneously provide notice and a copy of the report to Extendicare’s Compliance Committee and Board of Directors Committee referred to in Section III.A of this CIA; e. where independently required to do so by applicable law or professional licensing standards, report any finding to an appropriate regulatory or law enforcement authority, and simultaneously submit copies of such reports to OIG and to Extendicare; f. not be bound by any other private or governmental agency’s findings or conclusions, including, but not limited to, Joint Commission, CMS, or the state survey agency. Likewise, such private and governmental agencies shall not be bound by the Monitor’s findings or conclusions. The Monitor’s reports shall not be the sole basis for determining deficiencies by the state survey agencies. The parties agree that CMS and its contractors shall not introduce any material generated by the Monitor, or any opinions, testimony, or conclusions from the Monitor as evidence into any proceeding involving a Medicare or Medicaid survey, certification, or other enforcement action against Extendicare, and Extendicare shall similarly be restricted from using material generated by the Monitor, or any opinions, testimony, or conclusions from the Monitor as evidence in any of these proceedings. Nothing in the previous sentence, however, shall preclude OIG or Extendicare from using any material generated by the Monitor, or any opinions, testimony, or conclusions from the Monitor in any action under the CIA or pursuant to any other OIG authorities or in any other situations not explicitly excluded in this subsection; g. abide by the provisions of the Health Insurance Portability and Accountability Act (HIPAA) of 1996 to the extent required by law including, without limitation, entering into a business associate agreement with Extendicare; and

Additional Monitor Obligations. The Monitor shall: a. abide by all state and federal laws and regulations concerning the privacy, dignity, and employee rights of all Covered Persons, and residentspatients; b. abide by the legal requirements of Extendicare UHS to maintain the confidentiality of each residentpatient’s personal and clinical records. Nothing in this subsection, however, shall limit or affect the Monitor’s obligation to provide information, including information from resident patient clinical records, to OIG, and, when legally or professionally required, to other agencies; c. at all times act reasonably in connection with its duties under the CIA including when requesting information from ExtendicareUHS; d. if the Monitor has concerns about action plans that are not being enforced or systemic problems that could affect ExtendicareUHS’s ability to render quality care to its residentspatients, then the Monitor shall: i. report such concerns in writing to OIG; and ii. simultaneously provide notice and a copy of the report to ExtendicareUHS’s Compliance Committee and Board of Directors Committee referred to in Section III.A of this CIA; e. where independently required to do so by applicable law or professional licensing standards, report any finding to an appropriate regulatory or law enforcement authority, and simultaneously submit copies of such reports to OIG and to ExtendicareUHS; f. not be bound by any other private or governmental agency’s findings or conclusions, including, but not limited to, Joint Commission, CMS, or the state survey agency. Likewise, such private and governmental agencies shall not be bound by the Monitor’s findings or conclusions. The Monitor’s reports shall not be the sole a basis for determining deficiencies by the state survey agencies. The parties agree that CMS and its contractors shall not introduce any material generated by the Monitor, or any opinions, testimony, or conclusions from the Monitor as evidence into any proceeding involving a Medicare or Medicaid survey, certification, or other enforcement action against ExtendicareUHS, and Extendicare UHS shall similarly be restricted from using material generated by the Monitor, or any opinions, testimony, or conclusions from the Monitor as evidence in any of these proceedings. Nothing in the previous sentence, however, shall preclude OIG or Extendicare UHS from using any material generated by the Monitor, or any opinions, testimony, or conclusions from the Monitor in any action under the CIA or pursuant to any other OIG authorities or in any other situations not explicitly excluded in this subsection; ; g. abide by the provisions of the Health Insurance Portability and Accountability Act (HIPAA) of 1996 to the extent required by law including, without limitation, entering into a business associate agreement with ExtendicareUHS; and h. except to the extent required by law, maintain the confidentiality of any proprietary financial and operational information, processes, procedures, and forms obtained in connection with its duties under this CIA and not comment publicly concerning its findings except to the extent authorized by OIG.

Additional Monitor Obligations. The Monitor shall: a. abide by all state and federal laws and regulations concerning the privacy, dignity, and employee rights of all Covered Persons, and residents; b. abide by the legal requirements of Extendicare GGNSC to maintain the confidentiality of each resident’s personal and clinical records. Nothing in this subsection, however, shall limit or affect the Monitor’s obligation to provide information, including information from resident clinical records, to OIG, and, when legally or professionally required, to other agencies; c. at all times act reasonably in connection with its duties under the CIA including when requesting information from ExtendicareGGNSC; d. submit bills to GGNSC on a consolidated basis no more than once per month and submit at the end of each Reporting Period, to both GGNSC and OIG, a report representing an accounting of its costs throughout that Reporting Period; e. if the Monitor has concerns about action plans that are not being enforced or systemic problems that could affect ExtendicareGGNSC’s ability to render quality care to its residentsresidents in District 63, then the Monitor shall: i. report such concerns in writing to OIG; and ii. simultaneously provide notice and a copy of the report to ExtendicareGGNSC’s Compliance Committee and Board of Directors Committee referred to in Section III.A of this CIA; e. f. where independently required to do so by applicable law or professional licensing standards, report any finding to an appropriate regulatory or law enforcement authority, and simultaneously submit copies of such reports to OIG and to ExtendicareGGNSC; f. g. not be bound by any other private or governmental agency’s findings or conclusions, including, but not limited to, Joint CommissionJCAHO, CMS, or the state survey agency. Likewise, such private and governmental agencies shall not be bound by the Monitor’s findings or conclusions. The Monitor’s reports shall not be the sole basis for determining deficiencies by the state survey agencies. The parties agree that CMS and its contractors shall not introduce any material generated by the Monitor, or any opinions, testimony, or conclusions from the Monitor as evidence into any proceeding involving a Medicare or Medicaid survey, certification, or other enforcement action against ExtendicareGGNSC, and Extendicare GGNSC shall similarly be restricted from using material generated by the Monitor, or any opinions, testimony, or conclusions from the Monitor as evidence in any of these proceedings. Nothing in the previous sentence, however, shall preclude OIG or Extendicare GGNSC from using any material generated by the Monitor, or any opinions, testimony, or conclusions from the Monitor in any action under the CIA or pursuant to any other OIG authorities or in any other situations not explicitly excluded in this subsection; g. h abide by the provisions of the Health Insurance Portability and Accountability Act (HIPAA) of 1996 to the extent required by law including, without limitation, entering into a business associate agreement with ExtendicareGGNSC; and i. except to the extent required by law, maintain the confidentiality of any proprietary financial and operational information, processes, procedures, and forms obtained in connection with its duties under this CIA and not comment publicly concerning its findings except to the extent authorized by OIG.

Additional Monitor Obligations. The Monitor shall: a. abide by all state and federal laws and regulations concerning the privacy, dignity, and employee rights of all Covered Persons, and residents;residents;‌ b. abide by the legal requirements of Extendicare Spring Gate to maintain the confidentiality of each resident’s personal and clinical records. Nothing in this subsection, however, shall limit or affect the Monitor’s obligation to provide information, including information from resident clinical records, to OIG, and, when legally or professionally required, to other agencies;agencies;‌ c. at all times act reasonably in connection with its duties under the CIA including when requesting information from Extendicare;Spring Gate;‌ d. if the Monitor has concerns about action plans that are not being enforced or systemic problems that could affect ExtendicareSpring Gate’s ability to render quality care to its residents, then the Monitor shall:shall:‌ i. report such concerns in writing to OIG; and ii. simultaneously provide notice and a copy of the report to ExtendicareSpring Gate’s Compliance Committee and Board of Directors Committee referred to in Section III.A of this CIA; e. where independently required to do so by applicable law or professional licensing standards, report any finding to an appropriate regulatory or law enforcement authority, and simultaneously submit copies of such reports to OIG and to Extendicare;Spring Gate;‌‌‌ f. not be bound by any other private or governmental agency’s findings or conclusions, including, but not limited to, Joint Commission, CMS, or the state survey agency. Likewise, such private and governmental agencies shall not be bound by the Monitor’s findings or conclusions. The Monitor’s reports shall not be the sole basis for determining deficiencies by the state survey agencies. The parties agree that CMS and its contractors shall not introduce any material generated by the Monitor, or any opinions, testimony, or conclusions from the Monitor as evidence into any proceeding involving a Medicare or Medicaid survey, certification, or other enforcement action against ExtendicareSpring Gate, and Extendicare Spring Gate shall similarly be restricted from using material generated by the Monitor, or any opinions, testimony, or conclusions from the Monitor as evidence in any of these proceedings. Nothing in the previous sentence, however, shall preclude OIG or Extendicare Spring Gate from using any material generated by the Monitor, or any opinions, testimony, or conclusions from the Monitor in any action under the CIA or pursuant to any other OIG authorities or in any other situations not explicitly excluded in this subsection; subsection;‌ g. abide by the provisions of the Health Insurance Portability and Accountability Act (HIPAA) of 1996 to the extent required by law including, without limitation, entering into a business associate agreement with ExtendicareSpring Gate; andand‌ h. except to the extent required by law, maintain the confidentiality of any proprietary financial and operational information, processes, procedures, and forms obtained in connection with its duties under this‌ CIA and not comment publicly concerning its findings except to the extent authorized by OIG.‌‌

Additional Monitor Obligations. The Monitor shall: a. abide by all state and federal laws and regulations concerning the privacy, dignity, and employee rights of all Covered Persons, and residentspatients; b. abide by the legal requirements of Extendicare UHS to maintain the confidentiality of each residentpatient’s personal and clinical records. Nothing in this subsection, however, shall limit or affect the Monitor’s obligation to provide information, including information from resident patient clinical records, to OIG, and, when legally or professionally required, to other agencies; c. at all times act reasonably in connection with its duties under the CIA including when requesting information from ExtendicareUHS; d. if the Monitor has concerns about action plans that are not being enforced or systemic problems that could affect ExtendicareUHS’s ability to render quality care to its residentspatients, then the Monitor shall: i. report such concerns in writing to OIG; and ii. simultaneously provide notice and a copy of the report to ExtendicareUHS’s Compliance Committee and Board of Directors Committee referred to in Section III.A of this CIA; e. where independently required to do so by applicable law or professional licensing standards, report any finding to an appropriate regulatory or law enforcement authority, and simultaneously submit copies of such reports to OIG and to ExtendicareUHS; f. not be bound by any other private or governmental agency’s findings or conclusions, including, but not limited to, Joint Commission, CMS, or the state survey agency. Likewise, such private and governmental agencies shall not be bound by the Monitor’s findings or conclusions. The Monitor’s reports shall not be the sole a basis for determining deficiencies by the state survey agencies. The parties agree that CMS and its contractors shall not introduce any material generated by the Monitor, or any opinions, testimony, or conclusions from the Monitor as evidence into any proceeding involving a Medicare or Medicaid survey, certification, or other enforcement action against ExtendicareUHS, and Extendicare UHS shall similarly be restricted from using material generated by the Monitor, or any opinions, testimony, or conclusions from the Monitor as evidence in any of these proceedings. Nothing in the previous sentence, however, shall preclude OIG or Extendicare UHS from using any material generated by the Monitor, or any opinions, testimony, or conclusions from the Monitor in any action under the CIA or pursuant to any other OIG authorities or in any other situations not explicitly excluded in this subsection; g. abide by the provisions of the Health Insurance Portability and Accountability Act (HIPAA) of 1996 to the extent required by law including, without limitation, entering into a business associate agreement with ExtendicareUHS; and

Additional Monitor Obligations. The Monitor shall: a. abide by all state and federal laws and regulations concerning the privacy, dignity, and employee rights of all Covered Persons, and residents;residents;‌ b. abide by the legal requirements of Extendicare Sava to maintain the confidentiality of each resident’s personal and clinical records. Nothing in this subsection, however, shall limit or affect the Monitor’s obligation to provide information, including information from resident clinical records, to OIG, and, when legally or professionally required, to other agencies;agencies;‌ c. at all times act reasonably in connection with its duties under the CIA including when requesting information from Extendicare;Sava;‌ d. if the Monitor has concerns about action plans that are not being enforced or systemic problems that could affect Extendicare’s the Sava Facilities’ ability to render quality care to its residents, then the Monitor shall:shall:‌ i. report such concerns in writing to OIG; and ii. simultaneously provide notice and a copy of the report to Extendicare’s the Compliance Committee and Board of Directors Committee referred to in Section III.A of this CIABoard; e. where independently required to do so by applicable law or professional licensing standards, report any finding to an appropriate regulatory or law enforcement authority, and simultaneously submit copies of such reports to OIG and to Extendicare;Sava;‌ f. not be bound by any other private or governmental agency’s findings or conclusions, including, but not limited to, Joint Commission, CMS, or the state survey agency. Likewise, such private and governmental agencies shall not be bound by the Monitor’s findings or conclusions. The Monitor’s reports shall not be the sole basis for determining deficiencies by the state survey agencies. The parties agree that CMS and its contractors shall not introduce any material generated by the Monitor, or any opinions, testimony, or conclusions from the Monitor as evidence into any proceeding involving a Medicare or Medicaid survey, certification, or other enforcement action against ExtendicareSava, and Extendicare Sava shall similarly be restricted from using material generated by the Monitor, or any opinions, testimony, or conclusions from the Monitor as evidence in any of these proceedings. Nothing in the previous sentence, however, shall preclude OIG or Extendicare Sava from using any material generated by the Monitor, or any opinions, testimony, or conclusions from the Monitor in any action under the CIA or pursuant to any other OIG authorities or in any other situations not explicitly excluded in this subsection; subsection;‌ g. abide by the provisions of the Health Insurance Portability and Accountability Act (HIPAA) of 1996 to the extent required by law including, without limitation, entering into a business associate agreement with ExtendicareSava; andand‌ h. except to the extent required by law, maintain the confidentiality of any proprietary financial and operational‌ information, processes, procedures, and forms obtained in connection with its duties under this CIA and not comment publicly concerning its findings except to the extent authorized by OIG.

Additional Monitor Obligations. The Monitor shall: a. abide by all state and federal laws and regulations concerning the privacy, dignity, and employee rights of all Covered Persons, and residents; b. abide by the legal requirements of Extendicare Vanguard to maintain the confidentiality of each resident’s 's personal and clinical records. Nothing in this subsection, however, shall limit or affect the Monitor’s 's obligation to provide information, including information from resident clinical records, to OIG, and, when legally or professionally required, to other agencies; c. at all times act reasonably in connection with its duties under the CIA including when requesting information from ExtendicareVanguard; d. if the Monitor has concerns about action plans that are not being enforced or systemic problems that could affect Extendicare’s Vanguard's ability to render quality care to its residents, then the Monitor shall: i. report such concerns in writing to OIG; and ii. simultaneously provide notice and a copy of the report to Extendicare’s Vanguard's Compliance Committee and Board of Directors Committee referred to in Section III.A of this CIA; e. where independently required to do so by applicable law or professional licensing standards, report any finding to an appropriate regulatory or law enforcement authority, and simultaneously submit copies of such reports to OIG and to ExtendicareVanguard; f. not be bound by any other private or governmental agency’s 's findings or conclusions, including, but not limited to, Joint Commission, CMS, or the state survey agency. Likewise, such private and governmental agencies shall not be bound by the Monitor’s 's findings or conclusions. The Monitor’s 's reports shall not be the sole basis for determining deficiencies by the state survey agencies. The parties agree that CMS and its contractors shall not introduce any material generated by the Monitor, or any opinions, testimony, or conclusions from the Monitor as evidence into any proceeding involving a Medicare or Medicaid survey, certification, or other enforcement action against ExtendicareVanguard, and Extendicare Vanguard shall similarly be restricted from using material generated by the Monitor, or any opinions, testimony, or conclusions from the Monitor as evidence in any of these proceedings. Nothing in the previous sentence, however, shall preclude OIG or Extendicare Vanguard from using any material generated by the Monitor, or any opinions, testimony, or conclusions from the Monitor in any action under the CIA or pursuant to any other OIG authorities or in any other situations not explicitly excluded in this subsection; g. abide by the provisions of the Health Insurance Portability and Accountability Act (HIPAA) of 1996 to the extent required by law including, without limitation, entering into a business associate agreement with ExtendicareVanguard; and