BASIC RELATIONSHIP. CONTRACTOR enters into this contract with LME/PIHP for the purpose of providing medically necessary Mental Health, Developmental Disability, and/or Substance Abuse (“MH/DD/SA”) services to the LME/PIHP’s Enrollee(s) and agrees to comply with Controlling Authority, the conditions set forth in this Contract and all Appendices or Attachments to this Contract. CONTRACTOR is an independent contractor of LME/PIHP. This Contract is not intended and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture, or association between the parties, their employees, partners, or agents but rather CONTRACTOR is an independent contractor of the LME/PIHP. Further, neither party shall be considered an employee or agent of the other for any purpose including but not limited to, compensation for services, employee welfare and pension benefits, workers’ compensation insurance, or any other fringe benefits of employment.
BASIC RELATIONSHIP. The relationship between the Department and the Contractor is that of independent contracting parties. The Contractor, its employees, servants, agents, and representatives shall not be considered and shall not hold themselves out as the employees, servants, agents or representatives of the Department or the Commonwealth of Pennsylvania. The Contractor, its employees, servants, agents and representatives do not have the authority to bind the Department or the Commonwealth of Pennsylvania and they shall not make any claim or demand for any right or privilege applicable to an officer or employee of the Department or the Commonwealth of Pennsylvania. In furtherance of the foregoing, the Contractor acknowledges that no workers' compensation or unemployment insurance coverage shall be provided by the Department to the Contractor's employees, servants, agents and representatives. The Contractor shall be responsible for maintaining for its employees, and for requiring of its agents and representatives, malpractice, workers' compensation and unemployment compensation insurance in such amounts as required by law. The Contractor acknowledges and agrees that it shall have full responsibility for all taxes and withholdings of all of its employees. In the event that any employee or representative of the Contractor is deemed an employee of the Department by any taxing authority or other governmental agency, the Contractor agrees to indemnify the Department for any taxes, penalties or interest imposed upon the Department by such taxing authority or other governmental agency.
BASIC RELATIONSHIP. A. Contractor enters into this Contract with the BH I/DD Tailored Plan for the purposes of providing medically necessary MH/IDD/SA services to members enrolled with the BH I/DD Tailored Plan and agrees to comply with the Controlling Authority, the conditions set forth in this Contract and all Appendices or Attachments to this Contract. The Parties acknowledge and agree that a termination of this Contract is not an adverse determination as set forth-in G.S. 108C and that Controlling Authority allows this Contract to be terminated with or without cause. This Contract is not intended and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture, or association between the parties, their employees, partners, or agents but rather Contractor is an independent contractor of the BH I/DD Tailored Plan. Further, neither party shall be considered an employee or agent of the other for any purpose including but not limited to, compensation for services, employee welfare and pension benefits, workers’ compensation insurance, or any other fringe benefits of employment.
B. Department authority related to the Medicaid Program. The Contractor agrees and understands that in the State of North Carolina, the Department of Health and Human Services is the single state Medicaid agency designated under 42 C.F.R. § 431.10 to administer or supervise the administration of the state plan for medical assistance. The Division of Health Benefits is designated with administration, provision, and payment for medical assistance under the Federal Medicaid (Title XIX) and the State Children's Health Insurance (Title XXI) (CHIP) programs. The Division of Social Services (DSS) is designated with the administration and determination of eligibility for the two programs.
BASIC RELATIONSHIP. A. The Department and the Primary Contractor are independent contracting parties. The Primary Contractor, its employees, Subcontractors, Providers, servants, agents, and representatives are not and may not hold themselves out as employees, Subcontractors, servants, agents or representatives of the Department or the Commonwealth.
B. The Primary Contractor, its employees, servants, agents and representatives do not have the authority to bind the Department or the Commonwealth, and they shall not make any claim or demand for any right or privilege applicable to an officer or employee of the Department or the Commonwealth.
C. The Primary Contractor acknowledges that no workers' compensation or unemployment insurance coverage will be provided by the Department for the Primary Contractor or its Subcontractor’s(s’) employees, servants, agents and representatives.
D. The Primary Contractor will be responsible for maintaining for its employees, and for requiring of its Providers and Subcontractors, agents and representatives, workers' compensation and unemployment compensation insurance in such amounts as may be required by law or as otherwise authorized by the Department. The Primary Contractor shall provide the Department, upon the Department's request, certificates evidencing such insurance coverage.
E. Evidence of an existing governmental plan of self-insurance may be acceptable to meet this requirement.
F. The Primary Contractor has full responsibility for the withholding of federal, state, and local income taxes and other legally required taxes, contributions, and amounts from the compensation of all of its employees.
G. Nothing in this Agreement is intended to limit, modify, alter or impair, directly or indirectly, the sovereign immunities of the Commonwealth, the Department, the Counties or Primary Contractor respectively, including but not limited to sovereign immunities as applicable to their dealings with third parties.
BASIC RELATIONSHIP. CONTRACTOR enters into this contract with LME/PIHP for the purpose of providing medically necessary MH/DD/SA services to the LME/PIHP’s Enrollee(s) and agrees to comply with Controlling Authority, the conditions set forth in this Contract and all Appendices or Attachments to this Contract. CONTRACTOR is an independent contractor of LME/PIHP. This Contract is not intended and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture, or association between the parties, their employees, partners, or agents but rather CONTRACTOR is an independent contractor of the LME/PIHP. Further, neither party shall be considered an employee or agent of the other for any purpose including but not limited to, compensation for services, employee welfare and pension benefits, workers’ compensation insurance, or any other fringe benefits of employment.
BASIC RELATIONSHIP. Contractor enters into this Contract with LME/PIHP for the purpose of providing medically necessary MH/DD/SA services to the LME/PIHP’s Enrollee(s) and agrees to comply with Controlling Authority, the conditions set forth in this Contract and all Appendices or Attachments to this Contract. The Parties acknowledge and agree that a termination of this Contract is not an adverse determination as set forth in G.S. 108C and that Controlling Authority allows this Contract to be terminated with or without cause. Contractor is an independent contractor of LME/PIHP. This Contract is not intended and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture, or association between the parties, their employees, partners, or agents but rather Contractor is an independent contractor of the LME/PIHP. Further, neither party shall be considered an employee or agent of the other for any purpose including but not limited to, compensation for services, employee welfare and pension benefits, workers’ compensation insurance, or any other fringe benefits of employment.
BASIC RELATIONSHIP. Contractor enters into this contract with LME/PIHP for the purpose of providing medically necessary Mental Health, Developmental Disability, and/or Substance Abuse (“MH/DD/SA”) services to the LME/PIHP’s Enrollee(s) and agrees to comply with Controlling Authority, the conditions set forth in this Contract and all Appendices or Attachments to this Contract. Contractor is an independent contractor of LME/PIHP. This Contract is not intended and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture, or association between the parties, their employees, partners, or agents but rather Contractor is an independent contractor of the LME/PIHP. Further, neither party shall be considered an employee or agent of the other for any purpose including but not limited to, compensation for services, employee welfare and pension benefits, workers’ compensation insurance, or any other fringe benefits of employment.
BASIC RELATIONSHIP. LIP enters into this contract with LME/PIHP for the purpose of providing medically necessary MH/DD/SA services to the LME/PIHP’s Enrollee(s) and agrees to comply with Controlling Authority, the conditions set forth in this Contract and all Appendices or Attachments to this Contract. LIP is an independent contractor of LME/PIHP. This Contract is not intended and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture, or association between the parties, their employees, partners, or agents but rather LIP is an independent contractor of the LME/PIHP. Further, neither party shall be considered an employee or agent of the other for any purpose including but not limited to, compensation for services, employee welfare and pension benefits, workers’ compensation insurance, or any other fringe benefits of employment.
BASIC RELATIONSHIP. The Contractor is an independent contractor of Partners Behavioral Health Management (LME). This Contract is not intended and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture, or association between the Contractor and the LME, their employees, partners, or agents but rather Contractor is an independent contractor of the LME. Further, the Contractor shall not be considered an employee or agent of the LME for any purpose including but not limited to, compensation for services, employee welfare and pension benefits, workers’ compensation insurance, or any other fringe benefits of employment.
BASIC RELATIONSHIP
