Common use of BASIS FOR TERMINATION OF AGREEMENT Clause in Contracts

BASIS FOR TERMINATION OF AGREEMENT. BY DHA (a) In addition to any authority under the 32 CFR 199.9 to terminate or exclude a provider, the Director, DHA, or a designee may terminate this agreement upon 30 days’ written notice, for cause, if the IOP: (1) Is not in compliance with the requirements of the Dependents Medical Care Act, as amended (10 USC 1071 et seq.), the 32 CFR 199, or with performance provisions stated in Article 3 of this Participation Agreement. (2) Fails to comply with payment provisions set forth in Article 4 of this Participation Agreement. (3) Fails to allow audits/reviews and/or to provide records as required by Article 5 of this Participation Agreement. (4) Fails to comply with nondiscrimination provisions of Article 6 of this Participation Agreement. (5) Changes ownership as set forth in Article 8 of this Participation Agreement. (6) Fails to provide incident reports, disaster or emergency reports, or reports of IOP changes as set forth in Article 9 of this Participation Agreement. (7) Initiates a program change without written approval by DHA or a designee; program changes include but are not limited to: changes in the physical location; population served; number of beds; type of license; expansion of program(s); or development of new program(s). (8) Does not admit a beneficiary during any period of 24 months. (9) Suspends operations for a period of 120 days or more. (10) Is determined to be involved in provider fraud or abuse, as established by 32 CFR 199.9. This includes the submission of falsified or altered claims or medical records which misrepresent the type, frequency, or duration of services or supplies. (b) The Director, DHA, or designee may terminate this agreement without prior notice in the event that the IOP’s failure to comply with the industry standards for IOPs presents an immediate danger to life, health, or safety.

BASIS FOR TERMINATION OF AGREEMENT. BY DHA (a) In addition to any authority under the 32 CFR 199.9 to terminate or exclude a provider, the Director, DHA, or a designee may terminate this agreement upon 30 days’ written notice, for cause, if the IOPOTP: (1) Is not in compliance with the requirements of the Dependents Medical Care Act, as amended (10 USC 1071 et seq.), the 32 CFR 199, the industry standards for OTPs, or with performance provisions stated in Article 3 of this Participation Agreement. (2) Fails to comply with payment provisions set forth in Article 4 of this Participation Agreement. (3) Fails to allow audits/reviews and/or to provide records as required by Article 5 of this Participation Agreement. (4) Fails to comply with nondiscrimination provisions of Article 6 of this Participation Agreement. (5) Changes ownership as set forth in Article 8 of this Participation Agreement. (6) Fails to provide incident reports, disaster or emergency reports, or reports of IOP OTP changes as set forth in Article 9 of this Participation Agreement. (7) Initiates a program change without written approval by DHA or a designee; program changes include but are not limited to: changes in the physical location; population served; number of beds; type of license; expansion of program(s); or development of new program(s). (8) Does not admit a beneficiary during any period of 24 months. (9) Suspends operations for a period of 120 days or more. (10) Is determined to be involved in provider fraud or abuse, as established by 32 CFR 199.9. This includes the submission of falsified or altered claims or medical records which misrepresent the type, frequency, or duration of services or supplies. (b) The Director, DHA, or designee may terminate this agreement without prior notice in the event that the IOPOTP’s failure to comply with the industry standards for IOPs OTPs presents an immediate danger to life, health, or safety.

BASIS FOR TERMINATION OF AGREEMENT. BY DHA (a) In addition to any authority under the 32 CFR 199.9 to terminate or exclude a provider, the Director, DHADHA or designee, or a designee may terminate this agreement upon 30 days’ written notice, for cause, if the IOPPHP: (1) Is not in compliance with the requirements of the Dependents Medical Care Act, as amended (10 USC 1071 et seq.), the 32 CFR 199, the Standards for Psychiatric PHPs, or with performance provisions stated in Article 3 of this Participation Agreementparticipation agreement. (2) Fails to comply with payment provisions set forth in Article 4 of this Participation Agreementparticipation agreement. (3) Fails to allow audits/reviews and/or to provide records as required by Article 5 6 of this Participation Agreementparticipation agreement. (4) Fails to comply with nondiscrimination provisions of Article 6 7 of this Participation Agreementparticipation agreement. (5) Changes ownership as set forth in Article 8 9 of this Participation Agreementparticipation agreement. (6) Fails to provide incident reports, disaster or emergency reports, or reports of IOP PHP changes as set forth in Article 9 10 of this Participation Agreementparticipation agreement. (7) Initiates a program change without written approval by DHA or a designee; program changes include but are not limited to: changes in the physical location; population served; number of beds; type of license; expansion of program(s); or development of new program(s). (8) Does not admit a beneficiary during any period of 24 months. (9) Suspends operations for a period of 120 days or more. (10) Is determined to be involved in provider fraud or abuse, as established by 32 CFR 199.9. This includes the submission of falsified or altered claims or medical records which misrepresent the type, frequency, or duration of services or supplies. (b) The Director, DHA, or designee Deputy Director of DHA may terminate this agreement without prior notice in the event that the IOPPHP’s failure to comply with the industry standards Standards for IOPs Psychiatric Partial Hospital Programs presents an immediate danger to life, health, health or safety.

BASIS FOR TERMINATION OF AGREEMENT. BY DHA (a) In addition to any authority under the 32 CFR 199.9 TRICARE regulation to terminate or exclude a provider, the Director, DHA, or a designee may terminate this agreement for cause, upon 30 days’ written notice, for cause, if the IOPSUDRF: (1) Is not in compliance with the requirements of the Dependents Medical Care Act, as amended (10 USC 1071 et seq.), the TRICARE regulation (32 CFR 199), or with performance provisions stated in Article 3 of this Participation Agreement. (2) Fails to comply with payment provisions set forth in Article 4 of this Participation Agreementagreement. (3) Fails to allow audits/reviews and/or to provide records as required by Article 5 of this Participation Agreementagreement. (4) Fails to comply with nondiscrimination provisions of Article 6 of this Participation Agreementagreement. (5) Changes ownership as set forth in Article 8 of this Participation Agreementagreement. (6) Fails to provide incident reports, disaster or emergency reports, or reports of IOP changes SUDRF changes, as set forth in Article 9 of this Participation Agreementagreement. (7) Initiates a program change without written approval by DHA or a designee; program changes include but are not limited to: changes in the physical location; , population served; number of beds; , capacity, type of license; , expansion of program(s); , or development of new program(s). (8) Does not admit a TRICARE beneficiary during any period of 24 monthsconsecutive 24-month period. (9) Suspends operations for a period of 120 days or more. (10) Is determined to be involved in provider fraud or abuse, as established by TRICARE regulation (32 CFR 199.9). This includes the submission of falsified or altered TRICARE claims or medical records which misrepresent the type, frequency, or duration of services or supplies. (b) The Director, DHADHA or designee, or designee may terminate this agreement without prior notice in the event that the IOPSUDRF’s failure to comply with the industry standards for IOPs inpatient/residential SUDRFs presents an immediate danger to life, health, or safety.