Common use of Administrative remedies Clause in Contracts

Administrative remedies. (1) At its discretion, HHSC may impose one or more of the following remedies for each item of noncompliance and will determine the scope and severity of the remedy on a case-by- case basis: (A) Assess liquidated damages up to $500 per month or portion of the month the MA Dual SNP fails to provide a complete copy of the MA Agreement and all amendments, modifications, or changes as required by Section 3.05, or, in the case of all other breaches of this Agreement, assess liquidated damages up to $100 per calendar day until the breach is cured to the satisfaction of HHSC; (B) Conduct accelerated monitoring of the MA Dual SNP. Accelerated monitoring includes more frequent or more extensive monitoring by HHSC or its agent; (C) Require additional, more detailed data or reports to be submitted by the MA Dual SNP; (D) Withhold or recoup payment to the MA Dual SNP; or (E) Terminate the Agreement in accordance with Article VIII. (2) For purposes of this Agreement, an item of noncompliance means a specific action of the MA Dual SNP that: (A) Violates any provision of this Agreement; (B) Represents a failure of MA Dual SNP to be reasonably responsive to a request by HHSC for information, assistance, or support relating to this Agreement within the timeframe specified by HHSC. (3) HHSC will provide notice to the MA Dual SNP of its assessment of an administrative remedy, with the exception of accelerated monitoring, which may be unannounced.

Administrative remedies. (1) At its discretion, HHSC may impose one or more of the following remedies for each item of material noncompliance and will determine the scope and severity of the remedy on a case-by- by-case basis: (A) Assess liquidated damages up to $500 per month or portion of the month the MA Dual SNP fails to provide a complete copy of the MA Agreement and all amendments, modifications, or changes as required by Section 3.05, or, in the case of all other material breaches of this Agreement, assess liquidated damages up to $100 per calendar day until the breach is cured to the satisfaction of HHSC; (B) Conduct accelerated monitoring of the MA Dual SNP. Accelerated monitoring includes more frequent or more extensive monitoring by HHSC or its agent; (C) Require additional, more detailed data or reports to be submitted by the MA Dual SNP; (D) Withhold or recoup payment to the MA Dual SNP; or (E) Terminate the Agreement in accordance with Article VIIISection 7.03. (2) For purposes of this Agreement, an item of material noncompliance means a specific action of the MA Dual SNP that: (A) Violates any a material provision of this Agreement; (B) Represents a failure of MA Dual SNP to be reasonably responsive to a request by HHSC for information, assistance, or support relating to this Agreement within the timeframe specified by HHSC. (3) HHSC will provide notice to the MA Dual SNP of its assessment of an administrative remedy, with the exception of accelerated monitoring, which may be unannounced.

Administrative remedies. (1) At its discretion, HHSC may impose one or more of the following remedies for each item of material noncompliance and will determine the scope and severity of the remedy on a case-by- by-case basis: (A) Assess liquidated damages up to $500 per month or portion of the month the MA Dual SNP fails to provide a complete copy of the MA Agreement and all amendments, modifications, or changes as required by Section 3.05, or, in the case of all other material breaches of this Agreement, assess liquidated damages up to $100 per calendar day until the breach is cured to the satisfaction of HHSC; (B) Conduct accelerated monitoring of the MA Dual SNP. Accelerated monitoring includes more frequent or more extensive monitoring by HHSC or its agent; (C) Require additional, more detailed data or reports to be submitted by the MA Dual SNP; (D) Withhold or recoup payment to the MA Dual SNP; or (E) Terminate the Agreement Contract in accordance with Article VIIISection 7.03. (2) For purposes of this Agreement, an item of material noncompliance means a specific action of the MA Dual SNP that: (A) Violates any a material provision of this Agreement; (B) Represents a failure of MA Dual SNP to be reasonably responsive to a request by HHSC for information, assistance, or support relating to this Agreement within the timeframe specified by HHSC. (3) HHSC will provide notice to the MA Dual SNP of its assessment of an administrative remedy, with the exception of accelerated monitoring, which may be unannounced.