Common use of By the STATE Clause in Contracts

By the STATE. (1) The STATE may terminate this Contract for any material breach by the MCO after one hundred and fifty (150) days from the date the STATE provides the MCO notice of termination. The MCO may request, and must receive if requested, a hearing before the mediation panel described in section 5.8, prior to termination. (2) In the event of a material breach as listed below, termination may occur after thirty (30) days from the date the STATE provides notice. Material breach, for purposes of this paragraph, that may be subject to a thirty (30) day termination notice includes: (a) Fraudulent action by the MCO; (b) Criminal action by the MCO; (c) For MCOs certified as a health maintenance organization, a determination by MDH that results in the suspension or revocation of the assigned certificate of authority, for failure to comply with Minnesota Statutes, §§62D.01 to 62D.30; (d) For County Based Purchasing MCOs, a determination by MDH that the MCO no longer satisfies the requirements for assurance of consumer protection, provider protection, and fiscal solvency of chapter 62D, applicable to health maintenance organizations, or otherwise results in a determination that the CBP is no longer authorized to operate [Minnesota Statutes, §256B.692, subd. 2(b)]; or (e) Loss of Medicare contractual agreement with CMS.

By the STATE. (1) The STATE may terminate this Contract for any material breach by the MCO after one hundred and fifty (150) days from the date the STATE provides the MCO notice of termination. The MCO may request, and must receive if requested, a hearing before the mediation panel described in section 5.85.7, prior to termination.termination.‌‌‌ (2) In the event of a material breach as listed below, termination may occur after thirty (30) days from the date the STATE provides notice. Material breach, for purposes of this paragraph, that may be subject to a thirty (30) day termination notice includes:includes:‌ (a) Fraudulent action by the MCO; (b) Criminal action by the MCO; (c) For MCOs certified as a health maintenance organization, a determination by MDH that results in the suspension or revocation of the assigned certificate of authority, for failure to comply with Minnesota Statutes, §§§ 62D.01 to 62D.30; (d) For County Based Purchasing MCOs, a determination by MDH that the MCO no longer satisfies the requirements for assurance of consumer protection, provider protection, and fiscal solvency of chapter 62D, applicable to health maintenance organizations, or otherwise results in a determination that the CBP is no longer authorized to operate [Minnesota Statutes, §256B.692, subd. 2(b)]; or (e) Loss of Medicare contractual agreement with CMS.

By the STATE. (1) The STATE may terminate this Contract for any material breach by the MCO after one hundred and fifty (150) days from the date the STATE provides the MCO notice of termination. The MCO may request, and must receive if requested, a hearing before the mediation panel described in section 5.8, prior to termination.termination.‌‌‌ (2) In the event of a material breach as listed below, termination may occur after thirty (30) days from the date the STATE provides notice. Material breach, for purposes of this paragraph, that may be subject to a thirty (30) day termination notice includes:includes:‌ (a) Fraudulent action by the MCO; (b) Criminal action by the MCO; (c) For MCOs certified as a health maintenance organization, a determination by MDH that results in the suspension or revocation of the assigned certificate of authority, for failure to comply with Minnesota Statutes, §§62D.01 to 62D.30; (d) For County Based Purchasing MCOs, a determination by MDH that the MCO no longer satisfies the requirements for assurance of consumer protection, provider protection, and fiscal solvency of chapter 62D, applicable to health maintenance organizations, or otherwise results in a determination that the CBP is no longer authorized to operate [Minnesota Statutes, §256B.692, subd. 2(b)]; or (e) Loss of Medicare contractual agreement with CMS.

By the STATE. (1) The STATE may terminate this Contract for any material breach by the MCO after one hundred and fifty (150) days from the date the STATE provides the MCO notice of termination. The MCO may request, and must receive if requested, a hearing before the mediation panel described in section 5.8, 5.8 prior to termination. (2) In the event of a material breach as listed below, termination may occur after thirty (30) days from the date the STATE provides notice. Material breach, for purposes of this paragraph, that may be subject to a thirty (30) day termination notice includes:includes:‌ (a) Fraudulent action by the MCO; (b) Criminal action by the MCO; (c) For MCOs certified as a health maintenance organization, a determination by MDH that results in the suspension or revocation of the assigned certificate of authority, for failure to comply with Minnesota Statutes, §§62D.01 to 62D.30; (d) For County Based Purchasing MCOs, a determination by MDH that the MCO no longer satisfies the requirements for assurance of consumer protection, provider protection, and fiscal solvency of chapter 62D, applicable to health maintenance organizations, organizations or otherwise results in a determination that the CBP is no longer authorized to operate [Minnesota Statutes, §256B.692, subd. 2(b)]; or (e) Loss of Medicare contractual agreement with CMS.

By the STATE. ‌ (1) The STATE may terminate this Contract for any material breach by the MCO after one one-hundred and fifty (150) days from the date the STATE provides the MCO notice of termination. The MCO may request, and must receive if requested, a hearing before the mediation panel described in section 5.8, 5.5 prior to termination. (2) In the event of a material breach as listed below, termination may occur after thirty (30) days from the date the STATE provides notice. Material breach, for purposes of this paragraph, that may be subject to a thirty (30) day termination notice includes:includes:‌ (a) Fraudulent action by the MCO; (b) Criminal action by the MCO; (c) For MCOs certified as a health maintenance organization, a determination by MDH the Minnesota Department of Health that results in the suspension or revocation of the assigned certificate of authority, for failure to comply with Minnesota Statutes, §§§ 62D.01 to 62D.30;; or (d) For County Based Purchasing MCOs, a determination by MDH the Minnesota Department of Health that the MCO no longer satisfies the requirements for assurance of consumer protection, provider protection, and fiscal solvency of chapter 62D, applicable to health maintenance organizations, as stated in Minnesota Statutes, § 256B.692, subd. 2(b), or otherwise results in a determination that the CBP is no longer authorized to operate [Minnesota Statutes, §256B.692, subd. 2(b)]; or (e) Loss of Medicare contractual agreement with CMSoperate.

By the STATE. (1) The STATE may terminate this Contract for any material breach by the MCO after one hundred and fifty (150) days from the date the STATE provides the MCO notice of termination. The MCO may request, and must receive if requested, a hearing before the mediation panel described in section 5.85.5, prior to termination. (2) In the event of a material breach as listed below, termination may occur after thirty (30) days from the date the STATE provides notice. Material breach, for purposes of this paragraph, that may be subject to a thirty (30) day termination notice includes: (a3) Fraudulent action by the MCO; (b4) Criminal action by the MCO; (c5) For MCOs certified as a health maintenance organization, a determination by MDH that results in the suspension or revocation of the assigned certificate of authority, for failure to comply with Minnesota Statutes, §§§ 62D.01 to 62D.30;; or (d6) For County Based Purchasing MCOs, a determination by MDH that the MCO no longer satisfies the requirements for assurance of consumer protection, provider protection, and fiscal solvency of chapter 62D, applicable to health maintenance organizations, as stated in Minnesota Statutes, § 256B.692, subd. 2(b), or otherwise results in a determination that the CBP is no longer authorized to operate [Minnesota Statutes, §256B.692, subd. 2(b)]operate; or (e7) Loss of Medicare contractual agreement with CMS.

By the STATE. (1) The STATE may terminate this Contract for any material breach by the MCO after one hundred and fifty (150) days from the date the STATE provides the MCO notice of termination. The MCO may request, and must receive if requested, a hearing before the mediation panel described in section 5.8, prior to termination.termination.‌ (2) In the event of a material breach as listed below, termination may occur after thirty (30) days from the date the STATE provides notice. Material breach, for purposes of this paragraph, that may be subject to a thirty (30) day termination notice includes:includes:‌ (a) Fraudulent action by the MCO; (b) Criminal action by the MCO; (c) For MCOs certified as a health maintenance organization, a determination by MDH that results in the suspension or revocation of the assigned certificate of authority, for failure to comply with Minnesota Statutes, §§62D.01 to 62D.30; (d) For County Based Purchasing MCOs, a determination by MDH that the MCO no longer satisfies the requirements for assurance of consumer protection, provider protection, and fiscal solvency of chapter 62D, applicable to health maintenance organizations, or otherwise results in a determination that the CBP is no longer authorized to operate [Minnesota Statutes, §256B.692, subd. 2(b)]; or (e) Loss of Medicare contractual agreement with CMS.

By the STATE. (1) The STATE may terminate this Contract for any material breach by the MCO after one hundred and fifty (150) days from the date the STATE provides the MCO notice of termination. The MCO may request, and must receive if requested, a hearing before the mediation panel described in section 5.8, 5.8 prior to termination. (2) In the event of a material breach as listed below, termination may occur after thirty (30) days from the date the STATE provides notice. Material breach, for purposes of this paragraph, that may be subject to a thirty (30) day termination notice includes: (a) Fraudulent action by the MCO; (b) Criminal action by the MCO; (c) For MCOs certified as a health maintenance organization, a determination by MDH that results in the suspension or revocation of the assigned certificate of authority, for failure to comply with Minnesota Statutes, §§62D.01 to 62D.30; (d) For County Based Purchasing MCOs, a determination by MDH that the MCO no longer satisfies the requirements for assurance of consumer protection, provider protection, and fiscal solvency of chapter 62D, applicable to health maintenance organizations, organizations or otherwise results in a determination that the CBP is no longer authorized to operate [Minnesota Statutes, §256B.692, subd. 2(b)]; or (e) Loss of Medicare contractual agreement with CMS.

By the STATE. (1) The STATE may terminate this Contract for any material breach by the MCO after one hundred and fifty (150) days from the date the STATE provides the MCO notice of termination. The MCO may request, and must receive if requested, a hearing before the mediation panel described in section 5.85.5, prior to termination. (2) In the event of a material breach as listed below, termination may occur after thirty (30) days from the date the STATE provides notice. Material breach, for purposes of this paragraph, that may be subject to a thirty (30) day termination notice includes: (a3) Fraudulent action by the MCO, as determined by the Minnesota Attorney General’s office or by a court; (b4) Criminal action by the MCO, as determined by the Minnesota Attorney General’s office or by a court; (c5) For MCOs certified as a health maintenance organization, a determination by MDH that results in the suspension or revocation of the assigned certificate of authority, for failure to comply with Minnesota Statutes, §§§ 62D.01 to 62D.30;; or (d6) For County Based Purchasing MCOs, a determination by MDH that the MCO no longer satisfies the requirements for assurance of consumer protection, provider protection, and fiscal solvency of chapter 62D, applicable to health maintenance organizations, as stated in Minnesota Statutes, § 256B.692, subd. 2(b), or otherwise results in a determination that the CBP is no longer authorized to operate [Minnesota Statutes, §256B.692, subd. 2(b)]operate; or (e7) Loss of Medicare contractual agreement with CMS.

By the STATE. (1) The STATE may terminate this Contract for any material breach by the MCO after one hundred and fifty (150) days from the date the STATE provides the MCO notice of termination. The MCO may request, and must receive if requested, a hearing before the mediation panel described in section 5.8, 5.3.3 prior to termination. (2) In the event of a material breach as listed stated below, termination may occur after thirty (30) days from the date the STATE provides notice. Material breach, for purposes of this paragraph, that may be subject to a thirty (30) day termination notice includes:includes:‌ (a) Fraudulent action by the MCO; (b) Criminal action by the MCO; (c) For MCOs certified as a health maintenance organization, a determination by MDH the Minnesota Department of Health that results may result in the suspension or revocation of the assigned certificate of authority, for failure to comply with Minnesota Statutes, §§§ 62D.01 to 62D.30;; or (d) For County Based Purchasing MCOs, a determination by MDH the Minnesota Department of Health that the MCO no longer satisfies the requirements for assurance of consumer protection, provider protection, and fiscal solvency of chapter 62D, applicable to health maintenance organizations, as stated in Minnesota Statutes, § 256B.692, subd. 2(b), or otherwise results in a determination that the CBP MCO is no longer authorized to operate [Minnesota Statutes, §256B.692, subd. 2(b)]; oroperate. (e) Loss of Medicare contractual agreement with CMS.