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 material 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; (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 Section 7.03. (2) For purposes of this Agreement, an item of material noncompliance means a specific action of the MA Health Plan that: (A) Violates a material 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.

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- 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; (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 Contract in accordance with Section 7.03. (2) For purposes of this Agreement, an item of material noncompliance means a specific action of the MA Health Plan that: (A) Violates a material 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.