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 Health Plan 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 Health Plan. 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 Health Plan; (D) Withhold or recoup payment to the MA Health Plan; 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 Health Plan that: (A) Violates any provision of this Agreement; (B) Represents a failure of MA Health Plan 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 Health Plan of its assessment of an administrative remedy, with the exception of accelerated monitoring, which may be unannounced.
Appears in 9 contracts
Samples: Health Services Agreement, Health and Human Services Commission Contract, Health Services Agreement
