BREACHES AND DEFICIENCIES. The STATE and the MCO agree that if the MCO does not perform any of the duties in this Contract, the STATE may, instead of terminating this Contract, enforce one of the remedies or sanctions listed in section 5.5 or 5.6, at the STATE’s option. [42 CFR §§438.700 and 438.702] Enforcing one of the remedies shall not be construed to bar other legal or equitable remedies that may be available to the STATE, including but not limited to criminal prosecution. For the purposes of this Article, the term “breach” shall refer to either deficiency or breach. Concurrent breaches of the same administrative functions may be construed as more than a single breach. Nothing in this article shall be construed as relieving the MCO from performing any contractual duties.
Appears in 2 contracts
Samples: Contract for Minnesota Senior Health Options and Minnesota Senior Care Plus Services, Contract for Minnesota Senior Health Options and Minnesota Senior Care Plus Services
BREACHES AND DEFICIENCIES. The STATE and the MCO agree that if the MCO does not perform any of the duties in this Contract, the STATE may, instead of terminating this Contract, enforce one of the remedies or sanctions listed in section 5.5 5.6 or 5.65.7, at the STATE’s option. [42 CFR §§438.700 and 438.702] Enforcing one of the remedies shall not be construed to bar other legal or equitable remedies that may be available to the STATE, including but not limited to criminal prosecution. For the purposes of this Article, the term “breach” shall refer to either deficiency or breach. Concurrent breaches of the same administrative functions may be construed as more than a single breach. Nothing in this article shall be construed as relieving the MCO from performing any contractual duties.
Appears in 2 contracts
Samples: Contract for Minnesota Senior Health Options and Minnesota Senior Care Plus Services, Contract for Minnesota Senior Health Options and Minnesota Senior Care Plus Services
BREACHES AND DEFICIENCIES. The STATE and the MCO agree that if the MCO does not perform any of the duties in this Contract, the STATE may, instead of terminating this Contract, enforce one of the remedies or sanctions listed in section 5.5 or 5.6, section 5.6 at the STATE’s option. [42 CFR §§438.700 and 438.702] Enforcing one of the remedies shall not be construed to bar other legal or equitable remedies that may be available to the STATE, including including, but not limited to criminal prosecution. For the purposes of this Article, the term “breach” shall refer to either deficiency or breach. Concurrent breaches of the same administrative functions may be construed as more than a single breach. Nothing in this article shall be construed as relieving the MCO from performing any contractual duties.
Appears in 2 contracts
Samples: Contract for Special Needs Basiccare Program Services, Contract for Special Needs Basiccare Program Services
BREACHES AND DEFICIENCIES. The STATE and the MCO agree that if the MCO does not perform any of the duties in this Contract, the STATE may, instead of terminating this Contract, enforce one of the remedies or sanctions listed in section 5.5 5.6 or 5.65.7, at the STATE’s option. [42 CFR §§438.700 and 438.702] 438.702] Enforcing one of the remedies shall not be construed to bar other legal or equitable remedies that may be available to the STATE, including but not limited to criminal prosecution. For the purposes of this Article, the term “breach” shall refer to either deficiency or breach. Concurrent breaches of the same administrative functions may be construed as more than a single breach. Nothing in this article shall be construed as relieving the MCO from performing any contractual duties.
Appears in 1 contract
Samples: Contract for Minnesota Senior Health Options and Minnesota Senior Care Plus Services
BREACHES AND DEFICIENCIES. The STATE and the MCO agree that if the MCO does not perform any of the duties in this Contract, the STATE may, instead of terminating this Contract, enforce one of the remedies or sanctions listed in section 5.5 5.6 or 5.6, section 5.7 at the STATE’s option. [42 CFR §§438.700 and 438.702] Enforcing one of the remedies shall not be construed to bar other legal or equitable remedies that may be available to the STATE, including including, but not limited to criminal prosecution. For the purposes of this Article, the term “breach” shall refer to either deficiency or breach. Concurrent breaches of the same administrative functions may be construed as more than a single breach. Nothing in this article shall be construed as relieving the MCO from performing any contractual duties.
Appears in 1 contract
BREACHES AND DEFICIENCIES. The STATE and the MCO agree that if the MCO does not perform any of the duties in this Contract, the STATE may, instead of terminating this Contract, enforce one of the remedies or sanctions listed in section 5.5 5.6 or 5.6, section 5.7 at the STATE’s option. [42 CFR §§438.700 and 438.702] 438.702] Enforcing one of the remedies shall not be construed to bar other legal or equitable remedies that may be available to the STATE, including including, but not limited to criminal prosecution. For the purposes of this Article, the term “breach” shall refer to either deficiency or breach. Concurrent breaches of the same administrative functions may be construed as more than a single breach. Nothing in this article shall be construed as relieving the MCO from performing any contractual duties.
Appears in 1 contract
