Common use of Clinical Requirements Clause in Contracts

Clinical Requirements. In providing access to Clients to the Services and without limiting any other provisions in this Agreement, the Service Provider will comply in all respects with the provisions of the Canada Health Act and the HFA. Without limiting the generality of the foregoing: (a) the Service Provider is an “Operator” as that term is defined under the HFA; (b) all Clients obtaining Services from the Service Provider shall receive the Services on a fair, equal and consistent basis to the extent clinically appropriate in accordance with the clinical standards generally in use within the Province of Alberta. Without limiting the generality of the foregoing, the Service Provider shall not favour Clients with less complicated clinical concerns over those with more complicated clinical concerns; (c) the Service Provider shall neither deprive any Client of access to the Services nor give any Client requiring or requesting the Services priority over any other Client requiring or requesting the Services where such access or priority is in any way preferentially-based on, or related to, the Service Provider receiving money or other valuable consideration or the Service Provider receiving payment for Enhanced Medical Goods or Services or non-medical goods or services or the Service Provider having the opportunity to provide services which are not Insured; (d) the Service Provider shall not charge any Client or other person or entity (other than AHS in accordance with Schedule “B”) any amount relative to the provision of the Facility or Services provided by the Service Provider pursuant to this Agreement; (e) the Service Provider shall strictly comply with the requirements of the HFA (and regulations thereunder), including all requirements related to the provision of any Enhanced Medical Goods or Services or non-medical goods or services, and will provide to AHS copies of all documentation provided to, or executed by, Clients related to any such goods or services provided in the Facility in the course of providing the Services; and (f) the Service Provider shall not: (i) Require non-medical goods or services to be sold as a condition of selling Enhanced Medical Goods and Services; or (ii) “Bundle” charges for Enhanced Medical Goods and Services with charges for non-medical goods or services; as both of these are expressly prohibited under this Agreement. (g) The Service Provider shall provide all implantable devices and enhanced goods and may only charge a Client for Enhanced Medical Goods or Services and/or non-medical goods or services at a rate for Enhanced Medical Goods or services that is greater than cost plus a reasonable allowance for administration and where the Service Provider complies with the HFA and Regulations and all consents and requirements of the HFA and Regulations related to the supply are met.

Clinical Requirements. In providing access to Clients to the Services and without limiting any other provisions in this Agreement, the Service Provider will comply in all respects with the provisions of the Canada Health Act and the HFA. Without limiting the generality of the foregoing: (a) the Service Provider is an “Operator” as that term is defined under the HFA; (b) all Clients obtaining Services from the Service Provider shall receive the Services on a fair, equal and consistent basis to the extent clinically appropriate in accordance with the clinical standards generally in use within the Province of Alberta. Without limiting the generality of the foregoing, the Service Provider shall not favour Clients with less complicated clinical concerns over those with more complicated clinical concerns; (c) the Service Provider shall neither deprive any Client of access to the Services nor give any Client requiring or requesting the Services priority over any other Client requiring or requesting the Services where such access or priority is in any way preferentially-based on, or related to, the Service Provider receiving money or other valuable consideration or the Service Provider receiving payment for Enhanced Medical Goods or Services or non-medical goods or services or the Service Provider having the opportunity to provide services which are not Insured; (d) the Service Provider shall not charge any Client or other person or entity (other than AHS in accordance with Schedule “B”) any amount relative to the provision of the Facility or Services provided by the Service Provider pursuant to this Agreement; (e) the Service Provider shall strictly comply with the requirements of the HFA (and regulations thereunder), including without limitation all requirements related to the provision of any Enhanced Medical Goods or Services or non-medical goods or services, and will provide to AHS copies of all documentation provided to, or executed by, Clients related to any such goods or services provided in the Facility in the course of providing the Services; and (f) the Service Provider shall not: (i) Require non-medical goods or services to be sold as a condition of selling Enhanced Medical Goods and Services; or (ii) “Bundle” charges for Enhanced Medical Goods and Services with charges for non-medical goods or services; as both of these are expressly prohibited under this Agreement. (g) The Service Provider shall provide all implantable devices and enhanced goods and may only charge a Client for Enhanced Medical Goods or Services and/or non-medical goods may only be charged for if the items supplied are listed in, or services at a rate for Enhanced Medical Goods or services that is greater than cost plus a reasonable allowance for administration and where the Service Provider complies with otherwise able to be supplied in compliance with, the HFA and Regulations and all consents and requirements of the HFA and Regulations related to the supply are met.

Clinical Requirements. In providing access to Clients to the Services and without limiting any other provisions in this Agreement, the Service Provider will comply in all respects with the provisions of the Canada Health Act and the HFA. Without limiting the generality of the foregoing: (a) the Service Provider is an “Operator” as that term is defined under the HFA; (b) all Clients obtaining Services from the Service Provider shall receive the Services on a fair, equal and consistent basis to the extent clinically appropriate in accordance with the clinical standards generally in use within the Province of Alberta. Without limiting the generality of the foregoing, the Service Provider shall not favour Clients with less complicated clinical concerns over those with more complicated clinical concerns; (c) the Service Provider shall neither deprive any Client of access to the Services nor give any Client requiring or requesting the Services priority over any other Client requiring or requesting the Services where such access or priority is in any way preferentially-based on, or related to, the Service Provider receiving money or other valuable consideration or the Service Provider receiving payment for Enhanced Medical Goods or Services or non-medical goods or services or the Service Provider having the opportunity to provide services which are not Insured; (d) subject to Section 4,4, unless approved by the Minister, the Service Provider shall not charge any Client or other person or entity (other than AHS in accordance with Schedule “B”) any amount relative to the provision of the Facility or Services provided by the Service Provider pursuant to this Agreement; (e) the Service Provider shall strictly comply with the requirements of the HFA (and regulations thereunder), including all requirements related to the provision of any Enhanced Medical Goods or Services or non-medical goods or services, and will provide to AHS copies of all documentation provided to, or executed by, Clients related to any such goods or services provided in the Facility in the course of providing the Services; and; (f) the Service Provider shall not: (i) Require non-medical goods or services to be sold as a condition of selling Enhanced Medical Goods and Services; or (ii) “Bundle” charges for Enhanced Medical Goods and Services with charges for non-medical goods or services; as both of these are expressly prohibited under this Agreement.; and (g) The the Service Provider shall provide all implantable devices and enhanced goods and may only charge a Client for Enhanced Medical Goods or Services and/or non-medical goods or services at a rate for Enhanced Medical Goods or services that is greater than cost plus a reasonable allowance for administration and where the Service Provider complies with the HFA and Regulations and all consents and requirements of the HFA and Regulations related to the supply are met.

Clinical Requirements. In providing access to Clients to the Services and without limiting any other provisions in this Agreement, the Service Provider will comply in all respects with the provisions of the Canada Health Act and the HFA. Without limiting the generality of the foregoing: (a) the Service Provider is and the Operators are each an “Operator” as that term is defined under the HFA; (b) all Clients obtaining Services from the Service Provider or the Operators, as the case may be, shall receive the Services on a fair, equal and consistent basis to the extent clinically appropriate in accordance with the clinical standards generally in use within the Province of Alberta. Without limiting the generality of the foregoing, the Service Provider shall not favour ensure that Clients with less complicated clinical concerns are not favoured over those with more complicated clinical concerns; (c) the Service Provider shall ensure that the Operators will neither deprive any Client of access to the Services nor give any Client requiring or requesting the Services priority over any other Client requiring or requesting the Services where such access or priority is in any way preferentially-based on, or related to, the Service Provider receiving receipt of money or other valuable consideration or the Service Provider receiving receipt of payment for Enhanced Medical Goods or Services or non-medical goods or services or the Service Provider or Operator, as the case may be, having the opportunity to provide services which are not Insured; (d) the Service Provider and the Operators shall not charge any Client or other person or entity (other than AHS in accordance with Schedule “B”) any amount relative to the provision of the Facility or Services provided by the Service Provider pursuant to this Agreement. Notwithstanding the foregoing, AHS agrees that the Service Provider and the Operators are permitted to charge Clients for specialty lenses and any addition non- insured testing required in connection with such specialty lenses, should a Client request a specialty lens in lieu of the standard lens; (e) the Service Provider and Operators shall strictly comply with the requirements of the HFA (and regulations thereunder), including all requirements related to the provision of any Enhanced Medical Goods or Services or non-medical goods or services, and will provide to AHS copies of all documentation provided to, or executed by, Clients related to any such goods or services provided in the Facility in the course of providing the Services; and (f) the Service Provider and Operators shall not: (i) Require non-medical goods or services to be sold as a condition of selling Enhanced Medical Goods and Services; or (ii) “Bundle” charges for Enhanced Medical Goods and Services with charges for non-medical goods or services; as both of these are expressly prohibited under this Agreement. (g) The Service Provider shall provide all implantable devices and enhanced goods and Operators may only charge a Client for Enhanced Medical Goods or Services and/or non-medical goods or services at a rate for Enhanced Medical Goods or services that is greater than cost plus a reasonable allowance for administration and where the Service Provider and Operators complies with the HFA and Regulations and all consents and requirements of the HFA and Regulations related to the supply are met.