Common use of Approval of Department Clause in Contracts

Approval of Department. The Contractor shall submit provider or Enrollee materials, information, or documents to the Department and all such submissions will be reviewed by the Department (i) during Readiness Review; (ii) within thirty (30) days for standard submissions or (iii) five (5) Business Days for expedited submissions. The Contractor shall not use or distribute such materials with Enrollees or Providers until such time that Department approval has been received. Written material submitted to the Department for review and approval shall be considered received for review beginning with the date that the Department acknowledges to the Contractor receipt of the submission. Such acknowledgment may be demonstrated by evidence of a return receipt if sent via U.S. Mail, a delivery receipt if sent via e-mail, or the signature of a Cabinet for Health and Family Services employee taking receipt of the submission in the case of hand-delivery, including overnight mail or courier delivery. No materials will be considered approved unless such approval is sent to the Contractor in writing by the Department. General health education materials do not require prior approval by the Department. However, the Contractor shall ensure such materials are in compliance with this Contract and state and federal regulations and laws. The Contractor shall be subject to penalties for materials found to be non- compliant as set forth in Appendix B “Remedies for Violation, Breach, or Non-Performance of Contract.”

Approval of Department. The Contractor shall submit provider or Enrollee materials, information, or documents to the Department and all such submissions will be reviewed by the Department (i) during Readiness Review; (ii) within thirty (30) days for standard submissions or (iii) five (5) Business Days for expedited submissions. The Contractor shall not use or distribute such materials with Enrollees or Providers until such time that Department approval has been received. Written material submitted to the Department for review and approval shall be considered received for review beginning with the date that the Department acknowledges to the Contractor receipt of the submission. Such acknowledgment may be demonstrated by evidence of a return receipt if sent via U.S. Mail, a delivery receipt if sent via e-mail, or the signature of a Cabinet for Health and Family Services employee taking receipt of the submission in the case of hand-delivery, including overnight mail or courier delivery. No materials will be considered approved unless such approval is sent to the Contractor in writing by the Department. General health education materials do not require prior approval by the Department. However, the Contractor shall ensure such materials are in compliance with this Contract and state and federal regulations and laws. The Contractor shall be subject to penalties for materials found to be non- non - compliant as set forth in Appendix B “Remedies for Violation, Breach, or Non-Performance of Contract.”