Common use of Compliance with Applicable Laws, Rules, And Policies Clause in Contracts

Compliance with Applicable Laws, Rules, And Policies. The MCO and its Subcontractors, in performing this contract, must comply with all applicable Federal and State laws, regulations, and written policies, including those pertaining to licensing and including those affecting the rights of enrollees. MCOs must include provisions relating to compliance with such laws in Subcontracts with providers. Assessment of compliance must be included in the MCOs’ credentialing procedures to the extent feasible. Work performed under this Contract must conform to the federal requirements set forth in Title 45, CFR Part 74 and Title 42, Part 434. The MCO must also abide by all applicable Federal and State laws and regulations including but not limited to: • Section 504 of the Rehabilitation Act of 1973; • Title IX of the Education Amendments of 1972; • The Age Discrimination Act of 1975; • Titles II and III of the Americans with Disabilities Act; • Section 542 of the Public Health Service Act, pertaining to nondiscrimination against substance abusers; • Title 45, Part 46 of the Code of Federal Regulations, pertaining to research involving human subjects; • Title 45 Parts 160 and 164 Subparts A and E, pertaining to privacy and confidentiality; • Title 42 Parts 434 and 438 of the Code of Federal Regulations, pertaining to managed care; • Title 42 Parts 438, 440, and 457 of the Code of Federal Regulations, pertaining to mental health parity and addiction equity; • Section 29a of the West Virginia Code; • Xxxxxxxx Anti-Kickback Act; • Xxxxx-Xxxxx Act; • Contract Work Hours and Safety Standards; • Right to Inventions Made Under a Contract or Agreement; • Clean Air Act and Federal Water Pollution Control Act; • Xxxx Anti-Lobbying Amendment; • Debarment and Suspension; • American Disabilities Act of 1990 as amended; • Assisted Suicide Funding Restriction Act of 1997; • Patient Protection and Affordable Care Act (PPACA); • Mental Health Parity and Addiction Equity Act of 2008; • Health Care and Education Reconciliation Act of 2010 (HCERA); and • Any other pertinent Federal, State or local laws, regulations, or policies in the performance of this contract. The MCO must comply with all applicable Federal and State laws, regulations, policies, or reporting requirements needed to comply with the policies and regulations set forth in the Patient Protection and Affordable Care Act (PPACA), P.L. 111-148, enacted on March 23, 2010, and the Health Care and Education Reconciliation Act of 2010 (HCERA), P.L. 111-152, enacted on March 30, 2010. The MCO must also comply with requirements and regulations pertaining to: • Copyrights, data, and reporting and patent rights under any Contract involving research, developmental, experimental, or demonstration work with respect to any discovery or invention which arises or is developed in the course of this contract; • Applicable standards, orders or requirements under Section 306 of the Clean Air Act (42 USC 1857(h)), section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15); and • Energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-165). The MCO must procure all necessary permits and licenses and abide by all applicable laws, regulations, and ordinances of the United States, State of West Virginia, and political subdivision in which work under the Contract is performed. The MCO must retain at all times during the period of this Contract a valid Certificate of Authority issued by the State Commissioner of Insurance. The MCO must pay any sales tax, use and personal property taxes arising out of this Contract and the transactions contemplated thereby. Any other taxes levied upon this contract, the transaction, or the equipment or services delivered pursuant hereto can be borne by the MCO. The MCO must adhere to the provisions of the Clinical Laboratory Improvement Amendments of 1988 (CLIA) Public Law 100-578.

Appears in 3 contracts

Samples: Service Provider Agreement, Model Purchase of Service Provider Agreement, Service Provider Agreement

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Compliance with Applicable Laws, Rules, And Policies. The MCO and its Subcontractorssubcontractors, in performing this contract, must comply with all applicable Federal and State laws, regulations, and written policies, including those pertaining to licensing and including those affecting the rights of enrollees. MCOs must include provisions relating to compliance with such laws in Subcontracts subcontracts with providers. Assessment of compliance must be included in the MCOs’ credentialing procedures to the extent feasible. Work performed under this Contract contract must conform to the federal requirements set forth in Title 45Xxxxx 00, CFR XXX Part 74 and Title 42, Part 434. The MCO must also abide by all applicable Federal and State laws and regulations including but not limited to: • Section 504 of the Rehabilitation Act of 1973; • Title IX of the Education Amendments of 1972; • The Age Discrimination Act of 1975; • Titles II and III of the Americans with Disabilities Act; • Section 542 of the Public Health Service Act, pertaining to nondiscrimination against substance abusers; • Title 45, Part 46 of the Code of Federal Regulations, pertaining to research involving human subjects; • Title 45 Parts 160 and 164 Subparts A and E, pertaining to privacy and confidentiality; • Title 42 Parts 434 and 438 of the Code of Federal Regulations, pertaining to managed care; • Title 42 Parts 438, 440, and 457 of the Code of Federal Regulations, pertaining to mental health parity and addiction equity; • Section 29a of the West Virginia Code; • Xxxxxxxx Anti-Kickback Act; • Xxxxx-Xxxxx Act; • Contract Work Hours and Safety Standards; • Right to Inventions Made Under a Contract or Agreement; • Clean Air Act and Federal Water Pollution Control Act; • Xxxx Anti-Lobbying Amendment; • Debarment and Suspension; • American Disabilities Act of 1990 as amended; • Assisted Suicide Funding Restriction Act of 1997; • Patient Protection and Affordable Care Act (PPACA); • Mental Health Parity and Addiction Equity Act of 2008; • Health Care and Education Reconciliation Act of 2010 (HCERA); and • Any other pertinent Federal, State or local laws, regulations, or policies in the performance of this contract. The MCO must comply with all applicable Federal and State laws, regulations, policies, or reporting requirements needed to comply with the policies and regulations set forth in the Patient Protection and Affordable Care Act (PPACA), P.L. 111-148, enacted on March 23, 2010, and the Health Care and Education Reconciliation Act of 2010 (HCERA), P.L. 111-152, enacted on March 30, 2010. The MCO must also comply with requirements and regulations pertaining to: • Copyrights, data, and reporting and patent rights under any Contract contract involving research, developmental, experimental, or demonstration work with respect to any discovery or invention which arises or is developed in the course of this contract; • Applicable standards, orders or requirements under Section 306 of the Clean Air Act (42 USC 1857(h)), section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15); and • Energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-165). The MCO must procure all necessary permits and licenses and abide by all applicable laws, regulations, and ordinances of the United States, State of West Virginia, and political subdivision in which work under the Contract contract is performed. The MCO must retain at all times during the period of this Contract contract a valid Certificate of Authority issued by the State Commissioner of Insurance. The MCO must pay any sales tax, use and personal property taxes arising out of this Contract contract and the transactions contemplated thereby. Any other taxes levied upon this contract, the transaction, or the equipment or services delivered pursuant hereto can be borne by the MCO. The MCO must adhere to the provisions of the Clinical Laboratory Improvement Amendments of 1988 (CLIA) Public Law 100-578.

Appears in 2 contracts

Samples: Purchase of Service Provider Agreement, Purchase of Service Provider Agreement

Compliance with Applicable Laws, Rules, And Policies. The MCO and its Subcontractorssubcontractors, in performing this contract, must comply with all applicable Federal and State laws, regulations, and written policies, including those pertaining to licensing and including those affecting the rights of enrollees. MCOs must include provisions relating to compliance with such laws in Subcontracts subcontracts with providers. Assessment of compliance must be included in the MCOs’ credentialing procedures to the extent feasible. Work performed under this Contract contract must conform to the federal requirements set forth in Title 45Xxxxx 00, CFR XXX Part 74 and Title 42, Part 434. The MCO must also abide by all applicable Federal and State laws and regulations including but not limited to: Section 504 of the Rehabilitation Act of 1973; Title IX of the Education Amendments of 1972; The Age Discrimination Act of 1975; Titles II and III of the Americans with Disabilities Act; Section 542 of the Public Health Service Act, pertaining to nondiscrimination against substance abusers; Title 45, Part 46 of the Code of Federal Regulations, pertaining to research involving human subjects; Title 45 Parts 160 and 164 Subparts A and E, pertaining to privacy and confidentiality; Title 42 Parts 434 and 438 of the Code of Federal Regulations, pertaining to managed care; • Title 42 Parts 438, 440, and 457 of the Code of Federal Regulations, pertaining to mental health parity and addiction equity; • Section 29a of the West Virginia Code; Xxxxxxxx Anti-Kickback Act; Xxxxx-Xxxxx Act; Contract Work Hours and Safety Standards; Right to Inventions Made Under a Contract or Agreement; Clean Air Act and Federal Water Pollution Control Act; Xxxx Anti-Lobbying Amendment; Debarment and Suspension; American Disabilities Act of 1990 as amended; • Assisted Suicide Funding Restriction Act of 1997; • Patient Protection and Affordable Care Act (PPACA); • Mental Health Parity and Addiction Equity Act of 2008; • Health Care and Education Reconciliation Act of 2010 (HCERA); and Any other pertinent Federal, State or local laws, regulations, or policies in the performance of this contract. The MCO must comply with all applicable Federal and State laws, regulations, policies, or reporting requirements needed to comply with the policies and regulations set forth in the Patient Protection and Affordable Care Act (PPACA), P.L. 111-148, enacted on March 23, 2010, and the Health Care and Education Reconciliation Act of 2010 (HCERA), P.L. 111-152, enacted on March 30, 2010. The MCO must also comply with requirements and regulations pertaining to: Copyrights, data, and reporting and patent rights under any Contract contract involving research, developmental, experimental, or demonstration work with respect to any discovery or invention which arises or is developed in the course of this contract; Applicable standards, orders or requirements under Section 306 of the Clean Air Act (42 USC 1857(h)), section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15); and Energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-165). The MCO must procure all necessary permits and licenses and abide by all applicable laws, regulations, and ordinances of the United States, State of West Virginia, and political subdivision in which work under the Contract contract is performed. The MCO must retain at all times during the period of this Contract contract a valid Certificate of Authority issued by the State Commissioner of Insurance. The MCO must pay any sales tax, use and personal property taxes arising out of this Contract contract and the transactions contemplated thereby. Any other taxes levied upon this contract, the transaction, or the equipment or services delivered pursuant hereto can be borne by the MCO. The MCO must adhere to the provisions of the Clinical Laboratory Improvement Amendments of 1988 (CLIA) Public Law 100-578.

Appears in 2 contracts

Samples: Purchase of Service Provider Agreement, Purchase of Service Provider Agreement

Compliance with Applicable Laws, Rules, And Policies. The MCO and its Subcontractors, in performing this contract, must comply with all applicable Federal and State laws, regulations, and written policies, including those pertaining to licensing and including those affecting the rights of enrollees. MCOs must include provisions relating to compliance with such laws in Subcontracts with providers. Assessment of compliance must be included in the MCOs’ credentialing procedures to the extent feasible. Work performed under this Contract must conform to the federal requirements set forth in Title 45, CFR Part 74 and Title 42, Part 434. The MCO must also abide by all applicable Federal and State laws and regulations including but not limited to: Section 504 of the Rehabilitation Act of 1973; Title IX of the Education Amendments of 1972; The Age Discrimination Act of 1975; Titles II and III of the Americans with Disabilities Act; Section 542 of the Public Health Service Act, pertaining to nondiscrimination against substance abusersusers; Title 45, Part 46 of the Code of Federal Regulations, pertaining to research involving human subjects; Title 45 Parts 160 and 164 Subparts A and E, pertaining to privacy and confidentiality; Title 42 Parts 434 and 438 of the Code of Federal Regulations, pertaining to managed care; Title 42 Parts 438, 440, and 457 of the Code of Federal Regulations, pertaining to mental health parity and addiction equity; • Section 29a of the West Virginia Code; • Xxxxxxxx Anti-Kickback Act; Xxxxx-Xxxxx Act; Contract Work Hours and Safety Standards; Right to Inventions Made Under a Contract or Agreement; Clean Air Act and Federal Water Pollution Control Act; Xxxx Anti-Lobbying Amendment; Debarment and Suspension; American Disabilities Act of 1990 as amended; Assisted Suicide Funding Restriction Act of 1997; Patient Protection and Affordable Care Act (PPACA); Mental Health Parity and Addiction Equity Act of 2008; Health Care and Education Reconciliation Act of 2010 (HCERA); and Any other pertinent Federal, State State, or local laws, regulations, or policies in the performance of this contract. The MCO must comply with all applicable Federal and State laws, regulations, policies, or reporting requirements needed to comply with the policies and regulations set forth in the Patient Protection and Affordable Care Act (PPACA), P.L. 111-148, enacted on March 23, 2010, and the Health Care and Education Reconciliation Act of 2010 (HCERA), P.L. 111-152, enacted on March 30, 2010. The MCO must also comply with requirements and regulations pertaining to: Copyrights, data, and reporting and patent rights under any Contract involving research, developmental, experimental, or demonstration work with respect to any discovery or invention which arises or is developed in the course of this contract; Applicable standards, orders orders, or requirements under Section 306 of the Clean Air Act (42 USC 1857(h)), section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15); and Energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-165). The MCO must procure all necessary permits and licenses and abide by all applicable laws, regulations, and ordinances of the United States, State of West Virginia, and political subdivision in which work under the Contract is performed. The MCO must retain at all times during the period of this Contract a valid Certificate of Authority issued by the State Commissioner of Insurance. The MCO must pay any sales tax, use and personal property taxes arising out of this Contract and the transactions contemplated thereby. Any other taxes levied upon this contract, the transaction, or the equipment or services delivered pursuant hereto can will be borne by the MCO. The MCO must adhere to the provisions of the Clinical Laboratory Improvement Amendments of 1988 (CLIA) Public Law 100-578. The MCO must fully comply with X. Xx. Code §11-27-10a which imposes a tiered tax on a PMPM basis on all entities holding a health maintenance organization certificate of authority in the State of West Virginia.

Appears in 2 contracts

Samples: Model Purchase of Service Provider Agreement, Service Provider Agreement

Compliance with Applicable Laws, Rules, And Policies. The MCO and its Subcontractors, in performing this contract, must comply with all applicable Federal and State laws, regulations, and written policies, including those pertaining to licensing and including those affecting the rights of enrollees. MCOs must include provisions relating to compliance with such laws in Subcontracts with providers. Assessment of compliance must be included in the MCOs’ credentialing procedures to the extent feasible. Work performed under this Contract must conform to the federal requirements set forth in Title 45, CFR Part 74 and Title 42, Part 434. The MCO must also abide by all applicable Federal and State laws and regulations including but not limited to: Section 504 of the Rehabilitation Act of 1973; Title IX of the Education Amendments of 1972; The Age Discrimination Act of 1975; Titles II and III of the Americans with Disabilities Act; Section 542 of the Public Health Service Act, pertaining to nondiscrimination against substance abusers; Title 45, Part 46 of the Code of Federal Regulations, pertaining to research involving human subjects; Title 45 Parts 160 and 164 Subparts A and E, pertaining to privacy and confidentiality; Title 42 Parts 434 and 438 of the Code of Federal Regulations, pertaining to managed care; Title 42 Parts 438, 440, and 457 of the Code of Federal Regulations, pertaining to mental health parity and addiction equity; Section 29a of the West Virginia Code; Xxxxxxxx Anti-Kickback Act; Xxxxx-Xxxxx Act; Contract Work Hours and Safety Standards; Right to Inventions Made Under a Contract or Agreement; Clean Air Act and Federal Water Pollution Control Act; Xxxx Anti-Lobbying Amendment; Debarment and Suspension; American Disabilities Act of 1990 as amended; Assisted Suicide Funding Restriction Act of 1997; Patient Protection and Affordable Care Act (PPACA); Mental Health Parity and Addiction Equity Act of 2008; Health Care and Education Reconciliation Act of 2010 (HCERA); and Any other pertinent Federal, State or local laws, regulations, or policies in the performance of this contract. The MCO must comply with all applicable Federal and State laws, regulations, policies, or reporting requirements needed to comply with the policies and regulations set forth in the Patient Protection and Affordable Care Act (PPACA), P.L. 111-148, enacted on March 23, 2010, and the Health Care and Education Reconciliation Act of 2010 (HCERA), P.L. 111-152, enacted on March 30, 2010. The MCO must also comply with requirements and regulations pertaining to: Copyrights, data, and reporting and patent rights under any Contract involving research, developmental, experimental, or demonstration work with respect to any discovery or invention which arises or is developed in the course of this contract; Applicable standards, orders or requirements under Section 306 of the Clean Air Act (42 USC 1857(h)), section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15); and Energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-165). The MCO must procure all necessary permits and licenses and abide by all applicable laws, regulations, and ordinances of the United States, State of West Virginia, and political subdivision in which work under the Contract is performed. The MCO must retain at all times during the period of this Contract a valid Certificate of Authority issued by the State Commissioner of Insurance. The MCO must pay any sales tax, use and personal property taxes arising out of this Contract and the transactions contemplated thereby. Any other taxes levied upon this contract, the transaction, or the equipment or services delivered pursuant hereto can be borne by the MCO. The MCO must adhere to the provisions of the Clinical Laboratory Improvement Amendments of 1988 (CLIA) Public Law 100-578.

Appears in 1 contract

Samples: Model Purchase of Service Provider Agreement

Compliance with Applicable Laws, Rules, And Policies. The MCO and its Subcontractors, in performing this contract, must comply with all applicable Federal and State laws, regulations, and written policies, including those pertaining to licensing and including those affecting the rights of enrollees. MCOs must include provisions relating to compliance with such laws in Subcontracts with providers. Assessment of compliance must be included in the MCOs’ credentialing procedures to the extent feasible. Work performed under this Contract must conform to the federal requirements set forth in Title 45, CFR Part 74 and Title 42, Part 434. The MCO must also abide by all applicable Federal and State laws and regulations including but not limited to:  Chapter 9, Article 5 and Chapter 49, Articles 1, 2, and 4 of the West Virginia Code pertaining to the state’s xxxxxx care program and transitioning the xxxxxx care population to an MCO (2019 WV House Bill 2010);  Section 504 of the Rehabilitation Act of 1973; Title IX of the Education Amendments of 1972; The Age Discrimination Act of 1975; Titles II and III of the Americans with Disabilities Act; Section 542 of the Public Health Service Act, pertaining to nondiscrimination against substance abusersusers; Title 45, Part 46 of the Code of Federal Regulations, pertaining to research involving human subjects; Title 45 Parts 160 and 164 Subparts A and EE and Part 162, pertaining to privacy and confidentiality; Title 42 Parts 434 and 438 of the Code of Federal Regulations, pertaining to managed care; Title 42 Parts 438, 440, and 457 of the Code of Federal Regulations, pertaining to mental health parity and addiction equity; • Section 29a of the West Virginia Code; • Xxxxxxxx Anti-Kickback Act; Xxxxx-Xxxxx Act; Contract Work Hours and Safety Standards; Right to Inventions Made Under a Contract or Agreement; Clean Air Act and Federal Water Pollution Control Act; Xxxx Anti-Lobbying Amendment; Debarment and Suspension; American Disabilities Act of 1990 as amended; Assisted Suicide Funding Restriction Act of 1997; Patient Protection and Affordable Care Act (PPACA); Mental Health Parity and Addiction Equity Act of 2008;  Family First Prevention Services Act (FFPSA) of 2018;  Health Care and Education Reconciliation Act of 2010 (HCERA);  Federal Information Security Management Act (FISMA); and Any other pertinent Federal, State State, or local laws, regulations, or policies in the performance of this contract. The MCO is prohibited from paying for an item or service with respect to any amount expended:  For which funds may not be used under ASFRA of 1997; and Commented [A2]: Updated per CMS Pilot Checklist Item # 60.  For roads, bridges, stadiums, or any other item or service not covered under the State Plan. The MCO must comply with all applicable Federal and State laws, regulations, policies, or reporting requirements needed to comply with the policies and regulations set forth in the Patient Protection and Affordable Care Act (PPACA), P.L. 111-148, enacted on March 23, 2010, and the Health Care and Education Reconciliation Act of 2010 (HCERA), P.L. 111-152, enacted on March 30, 2010. The MCO must also comply with requirements and regulations pertaining to: Copyrights, data, and reporting and patent rights under any Contract involving research, developmental, experimental, or demonstration work with respect to any discovery or invention which arises or is developed in the course of this contract; Applicable standards, orders orders, or requirements under Section 306 of the Clean Air Act (42 USC 1857(h)), section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15); and Energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-165). The MCO must procure all necessary permits and licenses and abide by all applicable laws, regulations, and ordinances of the United States, State of West Virginia, and political subdivision in which work under the Contract is performed. The MCO must retain at all times during the period of this Contract a valid Certificate of Authority issued by the State Commissioner of Insurance. The MCO must pay any sales tax, use and personal property taxes arising out of this Contract and the transactions contemplated thereby. Any other taxes levied upon this contract, the transaction, or the equipment or services delivered pursuant hereto can will be borne by the MCO. The MCO must adhere to the provisions of the Clinical Laboratory Improvement Amendments of 1988 (CLIA) Public Law 100-578. The MCO must fully comply with X. Xx. Code §11-27-10a which imposes a tiered tax on a PMPM basis on all entities holding a health maintenance organization certificate of authority in the State of West Virginia. The MCO must fully comply with any relevant requirements of the Implementation Plan of the Memorandum of Understanding Between the State of West Virginia and the United States Department of Justice.

Appears in 1 contract

Samples: dhhr.wv.gov

Compliance with Applicable Laws, Rules, And Policies. The MCO and its Subcontractors, in performing this contract, must comply with all applicable Federal and State laws, regulations, and written policies, including those pertaining to licensing and including those affecting the rights of enrollees. MCOs must include provisions relating to compliance with such laws in Subcontracts with providers. Assessment of compliance must be included in the MCOs’ credentialing procedures to the extent feasible. Work performed under this Contract must conform to the federal requirements set forth in Title 45, CFR Part 74 and Title 42, Part 434. The MCO must also abide by all applicable Federal and State laws and regulations including but not limited to: • Section 504 of the Rehabilitation Act of 1973; • Title IX of the Education Amendments of 1972; • The Age Discrimination Act of 1975; • Titles II and III of the Americans with Disabilities Act; • Section 542 of the Public Health Service Act, pertaining to nondiscrimination against substance abusersusers; • Title 45, Part 46 of the Code of Federal Regulations, pertaining to research involving human subjects; • Title 45 Parts 160 and 164 Subparts A and E, pertaining to privacy and confidentiality; • Title 42 Parts 434 and 438 of the Code of Federal Regulations, pertaining to managed care; • Title 42 Parts 438, 440, and 457 of the Code of Federal Regulations, pertaining to mental health parity and addiction equity; • Section 29a of the West Virginia Code; • Xxxxxxxx Anti-Kickback Act; • Xxxxx-Xxxxx Act; • Contract Work Hours and Safety Standards; • Right to Inventions Made Under a Contract or Agreement; • Clean Air Act and Federal Water Pollution Control Act; • Xxxx Anti-Lobbying Amendment; • Debarment and Suspension; • American Disabilities Act of 1990 as amended; • Assisted Suicide Funding Restriction Act of 1997; • Patient Protection and Affordable Care Act (PPACA); • Mental Health Parity and Addiction Equity Act of 2008; • Health Care and Education Reconciliation Act of 2010 (HCERA); and • Any other pertinent Federal, State or local laws, regulations, or policies in the performance of this contract. The MCO must comply with all applicable Federal and State laws, regulations, policies, or reporting requirements needed to comply with the policies and regulations set forth in the Patient Protection and Affordable Care Act (PPACA), P.L. 111-148, enacted on March 23, 2010, and the Health Care and Education Reconciliation Act of 2010 (HCERA), P.L. 111-152, enacted on March 30, 2010. The MCO must also comply with requirements and regulations pertaining to: • Copyrights, data, and reporting and patent rights under any Contract involving research, developmental, experimental, or demonstration work with respect to any discovery or invention which arises or is developed in the course of this contract; • Applicable standards, orders or requirements under Section 306 of the Clean Air Act (42 USC 1857(h)), section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15); and • Energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-165). The MCO must procure all necessary permits and licenses and abide by all applicable laws, regulations, and ordinances of the United States, State of West Virginia, and political subdivision in which work under the Contract is performed. The MCO must retain at all times during the period of this Contract a valid Certificate of Authority issued by the State Commissioner of Insurance. The MCO must pay any sales tax, use and personal property taxes arising out of this Contract and the transactions contemplated thereby. Any other taxes levied upon this contract, the transaction, or the equipment or services delivered pursuant hereto can will be borne by the MCO. The MCO must adhere to the provisions of the Clinical Laboratory Improvement Amendments of 1988 (CLIA) Public Law 100-578.

Appears in 1 contract

Samples: Service Provider Agreement

Compliance with Applicable Laws, Rules, And Policies. The MCO and its Subcontractors, in performing this contract, must comply with all applicable Federal and State laws, regulations, and written policies, including those pertaining to licensing and including those affecting the rights of enrollees. MCOs must include provisions relating to compliance with such laws in Subcontracts with providers. Assessment of compliance must be included in the MCOs’ credentialing procedures to the extent feasible. Work performed under this Contract must conform to the federal requirements set forth in Title 45, CFR Part 74 and Title 42, Part 434. The MCO must also abide by all applicable Federal and State laws and regulations including but not limited to: • Section 504 of the Rehabilitation Act of 1973; • Title IX of the Education Amendments of 1972; • The Age Discrimination Act of 1975; • Titles II and III of the Americans with Disabilities Act; • Section 542 of the Public Health Service Act, pertaining to nondiscrimination against substance abusersusers; • Title 45, Part 46 of the Code of Federal Regulations, pertaining to research involving human subjects; • Title 45 Parts 160 and 164 Subparts A and E, pertaining to privacy and confidentiality; • Title 42 Parts 434 and 438 of the Code of Federal Regulations, pertaining to managed care; • Title 42 Parts 438, 440, and 457 of the Code of Federal Regulations, pertaining to mental health parity and addiction equity; • Section 29a of the West Virginia Code; • Xxxxxxxx Anti-Kickback Act; • Xxxxx-Xxxxx Act; • Contract Work Hours and Safety Standards; • Right to Inventions Made Under a Contract or Agreement; • Clean Air Act and Federal Water Pollution Control Act; • Xxxx Anti-Lobbying Amendment; • Debarment and Suspension; • American Disabilities Act of 1990 as amended; • Assisted Suicide Funding Restriction Act (ASFRA) of 1997; • Patient Protection and Affordable Care Act (PPACA); • Mental Health Parity and Addiction Equity Act of 2008; • Health Care and Education Reconciliation Act of 2010 (HCERA); and • Any other pertinent Federal, State State, or local laws, regulations, or policies in the performance of this contract. The MCO is prohibited from paying for an item or service with respect to any amount expended: • For which funds may not be used under ASFRA of 1997; and • For roads, bridges, stadiums, or any other item or service not covered under the State Plan. The MCO must comply with all applicable Federal and State laws, regulations, policies, or reporting requirements needed to comply with the policies and regulations set forth in the Patient Protection and Affordable Care Act (PPACA), P.L. 111-148, enacted on March 23, 2010, and the Health Care and Education Reconciliation Act of 2010 (HCERA), P.L. 111-152, enacted on March 30, 2010. The MCO must also comply with requirements and regulations pertaining to: • Copyrights, data, and reporting and patent rights under any Contract involving research, developmental, experimental, or demonstration work with respect to any discovery or invention which arises or is developed in the course of this contract; • Applicable standards, orders orders, or requirements under Section 306 of the Clean Air Act (42 USC 1857(h)), section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15); and • Energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-165). The MCO must procure all necessary permits and licenses and abide by all applicable laws, regulations, and ordinances of the United States, State of West Virginia, and political subdivision in which work under the Contract is performed. The MCO must retain at all times during the period of this Contract a valid Certificate of Authority issued by the State Commissioner of Insurance. The MCO must pay any sales tax, use and personal property taxes arising out of this Contract and the transactions contemplated thereby. Any other taxes levied upon this contract, the transaction, or the equipment or services delivered pursuant hereto can will be borne by the MCO. The MCO must adhere to the provisions of the Clinical Laboratory Improvement Amendments of 1988 (CLIA) Public Law 100-578. The MCO must fully comply with X. Xx. Code §11-27-10a which imposes a tiered tax on a PMPM basis on all entities holding a health maintenance organization certificate of authority in the State of West Virginia.

Appears in 1 contract

Samples: Service Provider Agreement

Compliance with Applicable Laws, Rules, And Policies. The MCO and its Subcontractors, in performing this contract, must comply with all applicable Federal and State laws, regulations, and written policies, including those pertaining to licensing and including those affecting the rights of enrollees. MCOs must include provisions relating to compliance with such laws in Subcontracts with providers. Assessment of compliance must be included in the MCOs’ credentialing procedures to the extent feasible. Work performed under this Contract must conform to the federal requirements set forth in Title 45, CFR Part 74 and Title 42, Part 434. The MCO must also abide by all applicable Federal and State laws and regulations including but not limited to: • Section 504 of the Rehabilitation Act of 1973; • Title IX of the Education Amendments of 1972; • The Age Discrimination Act of 1975; • Titles II and III of the Americans with Disabilities Act; • Section 542 of the Public Health Service Act, pertaining to nondiscrimination against substance abusersusers; • Title 45, Part 46 of the Code of Federal Regulations, pertaining to research involving human subjects; • Title 45 Parts 160 and 164 Subparts A and E, pertaining to privacy and confidentiality; • Title 42 Parts 434 and 438 of the Code of Federal Regulations, pertaining to managed care; • Title 42 Parts 438, 440, and 457 of the Code of Federal Regulations, pertaining to mental health parity and addiction equity; • Section 29a of the West Virginia Code; • Xxxxxxxx Anti-Kickback Act; • Xxxxx-Xxxxx Act; • Contract Work Hours and Safety Standards; • Right to Inventions Made Under a Contract or Agreement; • Clean Air Act and Federal Water Pollution Control Act; • Xxxx Anti-Lobbying Amendment; • Debarment and Suspension; • American Disabilities Act of 1990 as amended; • Assisted Suicide Funding Restriction Act of 1997; • Patient Protection and Affordable Care Act (PPACA); • Mental Health Parity and Addiction Equity Act of 2008; • Health Care and Education Reconciliation Act of 2010 (HCERA); and • Any other pertinent Federal, State or local laws, regulations, or policies in the performance of this contract. The MCO must comply with all applicable Federal and State laws, regulations, policies, or reporting requirements needed to comply with the policies and regulations set forth in the Patient Protection and Affordable Care Act (PPACA), P.L. 111-148, enacted on March 23, 2010, and the Health Care and Education Reconciliation Act of 2010 (HCERA), P.L. 111-152, enacted on March 30, 2010. The MCO must also comply with requirements and regulations pertaining to: • Copyrights, data, and reporting and patent rights under any Contract involving research, developmental, experimental, or demonstration work with respect to any discovery or invention which arises or is developed in the course of this contract; • Applicable standards, orders or requirements under Section 306 of the Clean Air Act (42 USC 1857(h)), section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15); and • Energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-165). The MCO must procure all necessary permits and licenses and abide by all applicable laws, regulations, and ordinances of the United States, State of West Virginia, and political subdivision in which work under the Contract is performed. The MCO must retain at all times during the period of this Contract a valid Certificate of Authority issued by the State Commissioner of Insurance. The MCO must pay any sales tax, use and personal property taxes arising out of this Contract and the transactions contemplated thereby. Any other taxes levied upon this contract, the transaction, or the equipment or services delivered pursuant hereto can will be borne by the MCO. The MCO must adhere to the provisions of the Clinical Laboratory Improvement Amendments of 1988 (CLIA) Public Law 100-578. The MCO must fully comply with X. Xx. Code §11-27-10a which imposes a tiered tax on a PMPM basis on all entities holding a health maintenance organization certificate of authority in the State of West Virginia.

Appears in 1 contract

Samples: Model Purchase of Service Provider Agreement

Compliance with Applicable Laws, Rules, And Policies. The MCO and its Subcontractors, in performing this contract, must comply with all applicable Federal and State laws, regulations, and written policies, including those pertaining to licensing and including those affecting the rights of enrollees. MCOs must include provisions relating to compliance with such laws in Subcontracts with providers. Assessment of compliance must be included in the MCOs’ credentialing procedures to the extent feasible. Work performed under this Contract must conform to the federal requirements set forth in Title 45, CFR Part 74 and Title 42, Part 434. The MCO must also abide by all applicable Federal and State laws and regulations including but not limited to: • Section 504 of the Rehabilitation Act of 1973; • Title IX of the Education Amendments of 1972; • The Age Discrimination Act of 1975; • Titles II and III of the Americans with Disabilities Act; • Section 542 of the Public Health Service Act, pertaining to nondiscrimination against substance abusers; • Title 45, Part 46 of the Code of Federal Regulations, pertaining to research involving human subjects; • Title 45 Parts 160 and 164 Subparts A and E, pertaining to privacy and confidentiality; • Title 42 Parts 434 and 438 of the Code of Federal Regulations, pertaining to managed care; • Title 42 Parts 438, 440, and 457 of the Code of Federal Regulations, pertaining to mental health parity and addiction equity; • Section 29a of the West Virginia Code; • Xxxxxxxx Anti-Kickback Act; • Xxxxx-Xxxxx Act; • Contract Work Hours and Safety Standards; • Right to Inventions Made Under a Contract or Agreement; • Clean Air Act and Federal Water Pollution Control Act; • Xxxx Anti-Lobbying Amendment; • Debarment and Suspension; • American Disabilities Act of 1990 as amended; • Assisted Suicide Funding Restriction Act of 1997; • Patient Protection and Affordable Care Act (PPACA); • Mental Health Parity and Addiction Equity Act of 2008; • Family First Prevention Services Act (FFPSA) of 2018; • Health Care and Education Reconciliation Act of 2010 (HCERA); and • Any other pertinent Federal, State or local laws, regulations, or policies in the performance of this contract. The MCO must comply with all applicable Federal and State laws, regulations, policies, or reporting requirements needed to comply with the policies and regulations set forth in the Patient Protection and Affordable Care Act (PPACA), P.L. 111-148, enacted on March 23, 2010, and the Health Care and Education Reconciliation Act of 2010 (HCERA), P.L. 111-152, enacted on March 30, 2010. The MCO must also comply with requirements and regulations pertaining to: • Copyrights, data, and reporting and patent rights under any Contract involving research, developmental, experimental, or demonstration work with respect to any discovery or invention which arises or is developed in the course of this contract; • Applicable standards, orders or requirements under Section 306 of the Clean Air Act (42 USC 1857(h)), section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15); and • Energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-165). The MCO must procure all necessary permits and licenses and abide by all applicable laws, regulations, and ordinances of the United States, State of West Virginia, and political subdivision in which work under the Contract is performed. The MCO must retain at all times during the period of this Contract a valid Certificate of Authority issued by the State Commissioner of Insurance. The MCO must pay any sales tax, use and personal property taxes arising out of this Contract and the transactions contemplated thereby. Any other taxes levied upon this contract, the transaction, or the equipment or services delivered pursuant hereto can be borne by the MCO. The MCO must adhere to the provisions of the Clinical Laboratory Improvement Amendments of 1988 (CLIA) Public Law 100-578.

Appears in 1 contract

Samples: Service Provider Agreement

Compliance with Applicable Laws, Rules, And Policies. The MCO and its Subcontractorssubcontractors, in performing this contract, must comply with all applicable Federal and State laws, regulations, and written policies, including those pertaining to licensing and including those affecting the rights of enrollees. MCOs must include provisions relating to compliance with such laws in Subcontracts subcontracts with providers. Assessment of compliance must be included in the MCOs’ credentialing procedures to the extent feasible. Work performed under this Contract contract must conform to the federal requirements set forth in Title 45, CFR Part 74 and Title 42, Part 434. The MCO must also abide by all applicable Federal and State laws and regulations including but not limited to: Section 504 of the Rehabilitation Act of 1973; Title IX of the Education Amendments of 1972; The Age Discrimination Act of 1975; Titles II and III of the Americans with Disabilities Act; Section 542 of the Public Health Service Act, pertaining to nondiscrimination against substance abusers; Title 45, Part 46 of the Code of Federal Regulations, pertaining to research involving human subjects; Title 45 Parts 160 and 164 Subparts A and E, pertaining to privacy and confidentiality; Title 42 Parts 434 and 438 of the Code of Federal Regulations, pertaining to managed care; • Title 42 Parts 438, 440, and 457 of the Code of Federal Regulations, pertaining to mental health parity and addiction equity; • Section 29a of the West Virginia Code; Xxxxxxxx Anti-Kickback Act; Xxxxx-Xxxxx Act; Contract Work Hours and Safety Standards; Right to Inventions Made Under a Contract or Agreement; Clean Air Act and Federal Water Pollution Control Act; Xxxx Anti-Lobbying Amendment; Debarment and Suspension; American Disabilities Act of 1990 as amended; • Assisted Suicide Funding Restriction Act of 1997; • Patient Protection and Affordable Care Act (PPACA); • Mental Health Parity and Addiction Equity Act of 2008; • Health Care and Education Reconciliation Act of 2010 (HCERA); and Any other pertinent Federal, State or local laws, regulations, or policies in the performance of this contract. The MCO must comply with all applicable Federal and State laws, regulations, policies, or reporting requirements needed to comply with the policies and regulations set forth in the Patient Protection and Affordable Care Act (PPACA), P.L. 111-148, enacted on March 23, 2010, and the Health Care and Education Reconciliation Act of 2010 (HCERA), P.L. 111-152, enacted on March 30, 2010. The MCO must also comply with requirements and regulations pertaining to: Copyrights, data, and reporting and patent rights under any Contract contract involving research, developmental, experimental, or demonstration work with respect to any discovery or invention which arises or is developed in the course of this contract; Applicable standards, orders or requirements under Section 306 of the Clean Air Act (42 USC 1857(h)), section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15); and Energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-165). The MCO must procure all necessary permits and licenses and abide by all applicable laws, regulations, and ordinances of the United States, State of West Virginia, and political subdivision in which work under the Contract contract is performed. The MCO must retain at all times during the period of this Contract contract a valid Certificate of Authority issued by the State Commissioner of Insurance. The MCO must pay any sales tax, use and personal property taxes arising out of this Contract contract and the transactions contemplated thereby. Any other taxes levied upon this contract, the transaction, or the equipment or services delivered pursuant hereto can be borne by the MCO. The MCO must adhere to the provisions of the Clinical Laboratory Improvement Amendments of 1988 (CLIA) Public Law 100-578.

Appears in 1 contract

Samples: Service Provider Agreement

Compliance with Applicable Laws, Rules, And Policies. The MCO and its Subcontractors, in performing this contract, must comply with all applicable Federal and State laws, regulations, and written policies, including those pertaining to licensing and including those affecting the rights of enrollees. MCOs must include provisions relating to compliance with such laws in Subcontracts with providers. Assessment of compliance must be included in the MCOs’ credentialing procedures to the extent feasible. Work performed under this Contract must conform to the federal requirements set forth in Title 45, CFR Part 74 and Title 42, Part 434. The MCO must also abide by all applicable Federal and State laws and regulations including but not limited to: • Section 504 of the Rehabilitation Act of 1973; • Title IX of the Education Amendments of 1972; • The Age Discrimination Act of 1975; • Titles II and III of the Americans with Disabilities Act; • Section 542 of the Public Health Service Act, pertaining to nondiscrimination against substance abusersusers; • Title 45, Part 46 of the Code of Federal Regulations, pertaining to research involving human subjects; • Title 45 Parts 160 and 164 Subparts A and E, pertaining to privacy and confidentiality; • Title 42 Parts 434 and 438 of the Code of Federal Regulations, pertaining to managed care; • Title 42 Parts 438, 440, and 457 of the Code of Federal Regulations, pertaining to mental health parity and addiction equity; • Section 29a of the West Virginia Code; • Xxxxxxxx Anti-Kickback Act; • Xxxxx-Xxxxx Act; • Contract Work Hours and Safety Standards; • Right to Inventions Made Under a Contract or Agreement; • Clean Air Act and Federal Water Pollution Control Act; • Xxxx Anti-Lobbying Amendment; • Debarment and Suspension; • American Disabilities Act of 1990 as amended; • Assisted Suicide Funding Restriction Act of 1997; • Patient Protection and Affordable Care Act (PPACA); • Mental Health Parity and Addiction Equity Act of 2008; • Health Care and Education Reconciliation Act of 2010 (HCERA); and • Any other pertinent Federal, State State, or local laws, regulations, or policies in the performance of this contract. The MCO must comply with all applicable Federal and State laws, regulations, policies, or reporting requirements needed to comply with the policies and regulations set forth in the Patient Protection and Affordable Care Act (PPACA), P.L. 111-148, enacted on March 23, 2010, and the Health Care and Education Reconciliation Act of 2010 (HCERA), P.L. 111-152, enacted on March 30, 2010. The MCO must also comply with requirements and regulations pertaining to: • Copyrights, data, and reporting and patent rights under any Contract involving research, developmental, experimental, or demonstration work with respect to any discovery or invention which arises or is developed in the course of this contract; • Applicable standards, orders orders, or requirements under Section 306 of the Clean Air Act (42 USC 1857(h)), section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15); and • Energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-165). The MCO must procure all necessary permits and licenses and abide by all applicable laws, regulations, and ordinances of the United States, State of West Virginia, and political subdivision in which work under the Contract is performed. The MCO must retain at all times during the period of this Contract a valid Certificate of Authority issued by the State Commissioner of Insurance. The MCO must pay any sales tax, use and personal property taxes arising out of this Contract and the transactions contemplated thereby. Any other taxes levied upon this contract, the transaction, or the equipment or services delivered pursuant hereto can will be borne by the MCO. The MCO must adhere to the provisions of the Clinical Laboratory Improvement Amendments of 1988 (CLIA) Public Law 100-578. The MCO must fully comply with X. Xx. Code §11-27-10a which imposes a tiered tax on a PMPM basis on all entities holding a health maintenance organization certificate of authority in the State of West Virginia.

Appears in 1 contract

Samples: Model Purchase of Service Provider Agreement

Compliance with Applicable Laws, Rules, And Policies. The MCO and its Subcontractors, in performing this contract, must comply with all applicable Federal and State laws, regulations, and written policies, including those pertaining to licensing and including those affecting the rights of enrollees. MCOs must include provisions relating to compliance with such laws in Subcontracts with providers. Assessment of compliance must be included in the MCOs’ credentialing procedures to the extent feasible. Work performed under this Contract must conform to the federal requirements set forth in Title 45, CFR Part 74 and Title 42, Part 434. The MCO must also abide by all applicable Federal and State laws and regulations including but not limited to: • Chapter 9, Article 5 and Chapter 49, Articles 1, 2, and 4 of the West Virginia Code pertaining to the state’s xxxxxx care program and transitioning the xxxxxx care population to an MCO (2019 WV House Bill 2010); • Section 504 of the Rehabilitation Act of 1973; • Title IX of the Education Amendments of 1972; • The Age Discrimination Act of 1975; • Titles II and III of the Americans with Disabilities Act; • Section 542 of the Public Health Service Act, pertaining to nondiscrimination against substance abusersusers; • Title 45, Part 46 of the Code of Federal Regulations, pertaining to research involving human subjects; • Title 45 Parts 160 and 164 Subparts A and EE and Part 162, pertaining to privacy and confidentiality; • Title 42 Parts 434 and 438 of the Code of Federal Regulations, pertaining to managed care; • Title 42 Parts 438, 440, and 457 of the Code of Federal Regulations, pertaining to mental health parity and addiction equity; • Section 29a of the West Virginia Code; • Xxxxxxxx Anti-Kickback Act; • Xxxxx-Xxxxx Act; • Contract Work Hours and Safety Standards; • Right to Inventions Made Under a Contract or Agreement; • Clean Air Act and Federal Water Pollution Control Act; • Xxxx Anti-Lobbying Amendment; • Debarment and Suspension; • American Disabilities Act of 1990 as amended; • Assisted Suicide Funding Restriction Act of 1997; • Patient Protection and Affordable Care Act (PPACA); • Mental Health Parity and Addiction Equity Act of 2008; • Family First Prevention Services Act (FFPSA) of 2018; • Health Care and Education Reconciliation Act of 2010 (HCERA); • Federal Information Security Management Act (FISMA); and • Any other pertinent Federal, State or local laws, regulations, or policies in the performance of this contract. The MCO must comply with all applicable Federal and State laws, regulations, policies, or reporting requirements needed to comply with the policies and regulations set forth in the Patient Protection and Affordable Care Act (PPACA), P.L. 111-148, enacted on March 23, 2010, and the Health Care and Education Reconciliation Act of 2010 (HCERA), P.L. 111-152, enacted on March 30, 2010. The MCO must also comply with requirements and regulations pertaining to: • Copyrights, data, and reporting and patent rights under any Contract involving research, developmental, experimental, or demonstration work with respect to any discovery or invention which arises or is developed in the course of this contract; • Applicable standards, orders or requirements under Section 306 of the Clean Air Act (42 USC 1857(h)), section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15); and • Energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-165). The MCO must procure all necessary permits and licenses and abide by all applicable laws, regulations, and ordinances of the United States, State of West Virginia, and political subdivision in which work under the Contract is performed. The MCO must retain at all times during the period of this Contract a valid Certificate of Authority issued by the State Commissioner of Insurance. The MCO must pay any sales tax, use and personal property taxes arising out of this Contract and the transactions contemplated thereby. Any other taxes levied upon this contract, the transaction, or the equipment or services delivered pursuant hereto can will be borne by the MCO. The MCO must adhere to the provisions of the Clinical Laboratory Improvement Amendments of 1988 (CLIA) Public Law 100-578. The MCO must fully comply with X. Xx. Code §11-27-10a which imposes a tiered tax on a PMPM basis on all entities holding a health maintenance organization certificate of authority in the State of West Virginia. The MCO must fully comply with any relevant requirements of the Implementation Plan of the Memorandum of Understanding Between the State of West Virginia and the United States Department of Justice.

Appears in 1 contract

Samples: dhhr.wv.gov

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Compliance with Applicable Laws, Rules, And Policies. The MCO and its Subcontractors, in performing this contract, must comply with all applicable Federal and State laws, regulations, and written policies, including those pertaining to licensing and including those affecting the rights of enrollees. MCOs must include provisions relating to compliance with such laws in Subcontracts with providers. Assessment of compliance must be included in the MCOs’ credentialing procedures to the extent feasible. Work performed under this Contract must conform to the federal requirements set forth in Title 45, CFR Part 74 and Title 42, Part 434. The MCO must also abide by all applicable Federal and State laws and regulations including but not limited to: Section 504 of the Rehabilitation Act of 1973; Title IX of the Education Amendments of 1972; The Age Discrimination Act of 1975; Titles II and III of the Americans with Disabilities Act; Section 542 of the Public Health Service Act, pertaining to nondiscrimination against substance abusers; Title 45, Part 46 of the Code of Federal Regulations, pertaining to research involving human subjects; Title 45 Parts 160 and 164 Subparts A and E, pertaining to privacy and confidentiality; Title 42 Parts 434 and 438 of the Code of Federal Regulations, pertaining to managed care; Title 42 Parts 438, 440, and 457 of the Code of Federal Regulations, pertaining to mental health parity and addiction equity; Section 29a of the West Virginia Code; Xxxxxxxx Anti-Kickback Act; Xxxxx-Xxxxx Act; Contract Work Hours and Safety Standards; Right to Inventions Made Under a Contract or Agreement; Clean Air Act and Federal Water Pollution Control Act; Xxxx Anti-Lobbying Amendment; Debarment and Suspension; American Disabilities Act of 1990 as amended; Assisted Suicide Funding Restriction Act of 1997; Patient Protection and Affordable Care Act (PPACA); Mental Health Parity and Addiction Equity Act of 2008;  Family First Prevention Services Act (FFPSA) of 2018;  Health Care and Education Reconciliation Act of 2010 (HCERA); and Any other pertinent Federal, State or local laws, regulations, or policies in the performance of this contract. The MCO must comply with all applicable Federal and State laws, regulations, policies, or reporting requirements needed to comply with the policies and regulations set forth in the Patient Protection and Affordable Care Act (PPACA), P.L. 111-148, enacted on March 23, 2010, and the Health Care and Education Reconciliation Act of 2010 (HCERA), P.L. 111-152, enacted on March 30, 2010. The MCO must also comply with requirements and regulations pertaining to: Copyrights, data, and reporting and patent rights under any Contract involving research, developmental, experimental, or demonstration work with respect to any discovery or invention which arises or is developed in the course of this contract; Applicable standards, orders or requirements under Section 306 of the Clean Air Act (42 USC 1857(h)), section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15); and Energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-165). The MCO must procure all necessary permits and licenses and abide by all applicable laws, regulations, and ordinances of the United States, State of West Virginia, and political subdivision in which work under the Contract is performed. The MCO must retain at all times during the period of this Contract a valid Certificate of Authority issued by the State Commissioner of Insurance. The MCO must pay any sales tax, use and personal property taxes arising out of this Contract and the transactions contemplated thereby. Any other taxes levied upon this contract, the transaction, or the equipment or services delivered pursuant hereto can be borne by the MCO. The MCO must adhere to the provisions of the Clinical Laboratory Improvement Amendments of 1988 (CLIA) Public Law 100-578.

Appears in 1 contract

Samples: Service Provider Agreement

Compliance with Applicable Laws, Rules, And Policies. The MCO and its Subcontractorssubcontractors, in performing this contract, must comply with all applicable Federal and State laws, regulations, and written policies, including those pertaining to licensing and including those affecting the rights of enrollees. MCOs must include provisions relating to compliance with such laws in Subcontracts subcontracts with providers. Assessment of compliance must be included in the MCOs’ credentialing procedures to the extent feasible. Work performed under this Contract contract must conform to the federal requirements set forth in Title 45, CFR Part 74 and Title 42, Part 434. The MCO must also abide by all applicable Federal and State laws and regulations including but not limited to: • Section 504 of the Rehabilitation Act of 1973; • Title IX of the Education Amendments of 1972; • The Age Discrimination Act of 1975; • Titles II and III of the Americans with Disabilities Act; • Section 542 of the Public Health Service Act, pertaining to nondiscrimination against substance abusers; • Title 45, Part 46 of the Code of Federal Regulations, pertaining to research involving human subjects; • Title 45 Parts 160 and 164 Subparts A and E, pertaining to privacy and confidentiality; • Title 42 Parts 434 and 438 of the Code of Federal Regulations, pertaining to managed care; • Title 42 Parts 438, 440, and 457 of the Code of Federal Regulations, pertaining to mental health parity and addiction equity; • Section 29a of the West Virginia Code; • Xxxxxxxx Anti-Kickback Act; • Xxxxx-Xxxxx Act; • Contract Work Hours and Safety Standards; • Right to Inventions Made Under a Contract or Agreement; • Clean Air Act and Federal Water Pollution Control Act; • Xxxx Anti-Lobbying Amendment; • Debarment and Suspension; • American Disabilities Act of 1990 as amended; • Assisted Suicide Funding Restriction Act of 1997; • Patient Protection and Affordable Care Act (PPACA); • Mental Health Parity and Addiction Equity Act of 2008; • Health Care and Education Reconciliation Act of 2010 (HCERA); and • Any other pertinent Federal, State or local laws, regulations, or policies in the performance of this contract. The MCO must comply with all applicable Federal and State laws, regulations, policies, or reporting requirements needed to comply with the policies and regulations set forth in the Patient Protection and Affordable Care Act (PPACA), P.L. 111-148, enacted on March 23, 2010, and the Health Care and Education Reconciliation Act of 2010 (HCERA), P.L. 111-152, enacted on March 30, 2010. The MCO must also comply with requirements and regulations pertaining to: • Copyrights, data, and reporting and patent rights under any Contract contract involving research, developmental, experimental, or demonstration work with respect to any discovery or invention which arises or is developed in the course of this contract; • Applicable standards, orders or requirements under Section 306 of the Clean Air Act (42 USC 1857(h)), section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15); and • Energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-165). The MCO must procure all necessary permits and licenses and abide by all applicable laws, regulations, and ordinances of the United States, State of West Virginia, and political subdivision in which work under the Contract contract is performed. The MCO must retain at all times during the period of this Contract contract a valid Certificate of Authority issued by the State Commissioner of Insurance. The MCO must pay any sales tax, use and personal property taxes arising out of this Contract contract and the transactions contemplated thereby. Any other taxes levied upon this contract, the transaction, or the equipment or services delivered pursuant hereto can be borne by the MCO. The MCO must adhere to the provisions of the Clinical Laboratory Improvement Amendments of 1988 (CLIA) Public Law 100-578.

Appears in 1 contract

Samples: Service Provider Agreement

Compliance with Applicable Laws, Rules, And Policies. The MCO and its Subcontractors, in performing this contract, must comply with all applicable Federal and State laws, regulations, and written policies, including those pertaining to licensing and including those affecting the rights of enrollees. MCOs must include provisions relating to compliance with such laws in Subcontracts with providers. Assessment of compliance must be included in the MCOs’ credentialing procedures to the extent feasible. Work performed under this Contract must conform to the federal requirements set forth in Title 45, CFR Part 74 and Title 42, Part 434. The MCO must also abide by all applicable Federal and State laws and regulations including but not limited to:  Chapter 9, Article 5 and Chapter 49, Articles 1, 2, and 4 of the West Virginia Code pertaining to the state’s xxxxxx care program and transitioning the xxxxxx care population to an MCO (2019 WV House Bill 2010);  Section 504 of the Rehabilitation Act of 1973; Title IX of the Education Amendments of 1972; The Age Discrimination Act of 1975; Titles II and III of the Americans with Disabilities Act; Section 542 of the Public Health Service Act, pertaining to nondiscrimination against substance abusersusers; Title 45, Part 46 of the Code of Federal Regulations, pertaining to research involving human subjects; Title 45 Parts 160 and 164 Subparts A and EE and Part 162, pertaining to privacy and confidentiality; Title 42 Parts 434 and 438 of the Code of Federal Regulations, pertaining to managed care; Title 42 Parts 438, 440, and 457 of the Code of Federal Regulations, pertaining to mental health parity and addiction equity; • Section 29a of the West Virginia Code; • Xxxxxxxx Anti-Kickback Act; Xxxxx-Xxxxx Act; Contract Work Hours and Safety Standards; Right to Inventions Made Under a Contract or Agreement; Clean Air Act and Federal Water Pollution Control Act; Xxxx Anti-Lobbying Amendment; Debarment and Suspension; American Disabilities Act of 1990 as amended; Assisted Suicide Funding Restriction Act of 1997; Patient Protection and Affordable Care Act (PPACA); Mental Health Parity and Addiction Equity Act of 2008;  Family First Prevention Services Act (FFPSA) of 2018;  Health Care and Education Reconciliation Act of 2010 (HCERA);  Federal Information Security Management Act (FISMA); and Any other pertinent Federal, State State, or local laws, regulations, or policies in the performance of this contract. The MCO must comply with all applicable Federal and State laws, regulations, policies, or reporting requirements needed to comply with the policies and regulations set forth in the Patient Protection and Affordable Care Act (PPACA), P.L. 111-148, enacted on March 23, 2010, and the Health Care and Education Reconciliation Act of 2010 (HCERA), P.L. 111-152, enacted on March 30, 2010. The MCO must also comply with requirements and regulations pertaining to: Copyrights, data, and reporting and patent rights under any Contract involving research, developmental, experimental, or demonstration work with respect to any discovery or invention which arises or is developed in the course of this contract; Applicable standards, orders orders, or requirements under Section 306 of the Clean Air Act (42 USC 1857(h)), section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15); and Energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-165). The MCO must procure all necessary permits and licenses and abide by all applicable laws, regulations, and ordinances of the United States, State of West Virginia, and political subdivision in which work under the Contract is performed. The MCO must retain at all times during the period of this Contract a valid Certificate of Authority issued by the State Commissioner of Insurance. The MCO must pay any sales tax, use and personal property taxes arising out of this Contract and the transactions contemplated thereby. Any other taxes levied upon this contract, the transaction, or the equipment or services delivered pursuant hereto can will be borne by the MCO. The MCO must adhere to the provisions of the Clinical Laboratory Improvement Amendments of 1988 (CLIA) Public Law 100-578. The MCO must fully comply with X. Xx. Code §11-27-10a which imposes a tiered tax on a PMPM basis on all entities holding a health maintenance organization certificate of authority in the State of West Virginia. The MCO must fully comply with any relevant requirements of the Implementation Plan of the Memorandum of Understanding Between the State of West Virginia and the United States Department of Justice.

Appears in 1 contract

Samples: Service Provider Agreement

Compliance with Applicable Laws, Rules, And Policies. The MCO and its SubcontractorsMCO, in performing this contract, must shall comply with all applicable Federal and State laws, regulations, and written policies, including those pertaining to licensing and including those affecting the rights of enrollees. MCOs must shall include provisions relating to compliance with such laws in Subcontracts subcontracts with providers. Assessment of compliance must should be included in the MCOs’ credentialing procedures to the extent feasible. Work performed under this Contract contract must conform to the federal requirements set forth in Title 45Xxxxx 00, CFR XXX Part 74 and Title 42, Part 434. The MCO must shall also abide by all applicable Federal and State laws and regulations including but not limited to: • Section 504 of the Rehabilitation Act of 1973; • Title IX of the Education Amendments of 1972; • The Age Discrimination Act of 1975; • Titles II and III of the Americans with Disabilities Act; • Section 542 of the Public Health Service Act, pertaining to nondiscrimination against substance abusers; • Title 45, Part 46 of the Code of Federal Regulations, pertaining to research involving human subjects; • Title 45 Parts 160 and 164 Subparts A and E, pertaining to privacy and confidentiality; • Title 42 Parts 434 and 438 of 438of the Code of Federal Regulations, pertaining to managed care; • Title 42 Parts 438, 440, and 457 of the Code of Federal Regulations, pertaining to mental health parity and addiction equity; • Section 29a of the West Virginia Code; • Xxxxxxxx Anti-Kickback Act; • Xxxxx-Xxxxx Act; • Contract Work Hours and Safety Standards; • Right to Inventions Made Under a Contract or Agreement; • Clean Air Act and Federal Water Pollution Control Act; • Xxxx Anti-Lobbying Amendment; • Debarment and Suspension; • American Disabilities Act of 1990 as amended; • Assisted Suicide Funding Restriction Act of 1997; • Patient Protection and Affordable Care Act (PPACA); • Mental Health Parity and Addiction Equity Act of 2008; • Health Care and Education Reconciliation Act of 2010 (HCERA); and • Any other pertinent Federal, State or local laws, regulations, or policies in the performance of this contract. The MCO must shall comply with all applicable Federal and State laws, regulations, policies, or reporting requirements needed to comply with the policies and regulations set forth in the Patient Protection and Affordable Care Act (PPACA), P.L. 111-148, enacted on March 23, 2010, and the Health Care and Education Reconciliation Act of 2010 (HCERA), P.L. 111-152, enacted on March 30, 2010. The MCO must shall report to DHHR any data necessary in order for DHHR to comply with the program integrity and drug rebate provisions set forth in PPACA and HCERA, including the collection of National Drug Codes (NDC) on physician-administered drugs (e.g., J-code services). The MCO shall also comply with requirements and regulations pertaining to: • Copyrights, data, and reporting and patent rights under any Contract contract involving research, developmental, experimental, or demonstration work with respect to any discovery or invention which arises or is developed in the course of this contract; • Applicable standards, orders or requirements under Section 306 of the Clean Air Act (42 USC 1857(h)), section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15); and • Energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-165). The MCO must shall procure all necessary permits and licenses and abide by all applicable laws, regulations, and ordinances of the United States, State of West Virginia, and political subdivision in which work under the Contract contract is performed. The MCO must shall retain at all times during the period of this Contract contract a valid Certificate of Authority issued by the State Commissioner of Insurance. The MCO must shall pay any sales tax, use and personal property taxes arising out of this Contract contract and the transactions contemplated thereby. Any other taxes levied upon this contract, the transaction, or the equipment or services delivered pursuant hereto can shall be borne born by the MCO. The MCO must shall adhere to the provisions of the Clinical Laboratory Improvement Amendments of 1988 (CLIA) Public Law 100-578.

Appears in 1 contract

Samples: Purchase of Service Provider Agreement

Compliance with Applicable Laws, Rules, And Policies. The MCO and its Subcontractors, in performing this contract, must comply with all applicable Federal and State laws, regulations, and written policies, including those pertaining to licensing and including those affecting the rights of enrollees. MCOs The MCO must include provisions relating to compliance with such laws in Subcontracts with providers. Assessment of compliance must be included in the MCOs’ MCO’s credentialing procedures to the extent feasible. Work performed under this Contract must conform to the federal requirements set forth in Title 45, CFR Part 74 and Title 42, Part 434. The MCO must also abide by all applicable Federal and State laws and regulations including but not limited to: • Section 504 of the Rehabilitation Act of 1973; • Title IX of the Education Amendments of 1972; • The Age Discrimination Act of 1975; • Titles II and III of the Americans with Disabilities ActAct (ADA); • Section 542 of the Public Health Service Act, pertaining to nondiscrimination against substance abusersusers; • Title 45, Part 46 of the Code of Federal Regulations, pertaining to research involving human subjects; • Title 45 Parts 160 and 164 Subparts A and E, pertaining to privacy and confidentiality; • Title 42 Parts 434 and 438 of the Code of Federal Regulations, pertaining to managed care; • Title 42 Parts 438, 440, and 457 of the Code of Federal Regulations, pertaining to mental health parity and addiction equity; • Section 29a of the West Virginia Code; • Xxxxxxxx Anti-Kickback Act; • Xxxxx-Xxxxx Act; • Contract Work Hours and Safety Standards; • Right to Inventions Made Under a Contract or Agreement; • Clean Air Act and Federal Water Pollution Control Act; • Xxxx Anti-Lobbying Amendment; • Debarment and Suspension; • American Disabilities Act of 1990 as amended; • Assisted Suicide Funding Restriction Act (ASFRA) of 1997; • Patient Protection and Affordable Care Act (PPACA); • Mental Health Parity and Addiction Equity Act of 2008; • Health Care and Education Reconciliation Act of 2010 (HCERA); and • Any other pertinent Federal, State State, or local laws, regulations, or policies in the performance of this contract. The MCO is prohibited from paying for an item or service with respect to any amount expended: • For which funds may not be used under ASFRA of 1997; and • For roads, bridges, stadiums, or any other item or service not covered under the State Plan. The MCO must comply with all applicable Federal and State laws, regulations, policies, or reporting requirements needed to comply with the policies and regulations set forth in the Patient Protection and Affordable Care Act (PPACA), P.L. 111-148, enacted on March 23, 2010, and the Health Care and Education Reconciliation Act of 2010 (HCERA), P.L. 111-152, enacted on March 30, 2010. The MCO must also comply with requirements and regulations pertaining to: • Copyrights, data, and reporting and patent rights under any Contract involving research, developmental, experimental, or demonstration work with respect to any discovery or invention which arises or is developed in the course of this contract; • Applicable standards, orders orders, or requirements under Section 306 of the Clean Air Act (42 USC 1857(h)), section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15); and • Energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-165). The MCO must procure all necessary permits and licenses and abide by all applicable laws, regulations, and ordinances of the United States, State of West Virginia, and political subdivision in which work under the Contract is performed. The MCO must retain at all times during the period of this Contract a valid Certificate of Authority issued by the State Commissioner of Insurance. The MCO must pay any sales tax, use and personal property taxes arising out of this Contract and the transactions contemplated thereby. Any other taxes levied upon this contract, the transaction, or the equipment or services delivered pursuant hereto can will be borne by the MCO. The MCO must adhere to the provisions of the Clinical Laboratory Improvement Amendments of 1988 (CLIA) Public Law 100-578. The MCO must fully comply with W. Va. Code §11-27-10a which imposes a tiered tax on a PMPM basis on all entities holding a health maintenance organization (HMO) certificate of authority in the State of West Virginia.

Appears in 1 contract

Samples: Service Provider Agreement

Compliance with Applicable Laws, Rules, And Policies. The MCO and its Subcontractors, in performing this contract, must comply with all applicable Federal and State laws, regulations, and written policies, including those pertaining to licensing and including those affecting the rights of enrollees. MCOs must include provisions relating to compliance with such laws in Subcontracts with providers. Assessment of compliance must be included in the MCOs’ credentialing procedures to the extent feasible. Work performed under this Contract must conform to the federal requirements set forth in Title 45, CFR Part 74 and Title 42, Part 434. The MCO must also abide by all applicable Federal and State laws and regulations including but not limited to: Section 504 of the Rehabilitation Act of 1973; Title IX of the Education Amendments of 1972; The Age Discrimination Act of 1975; Titles II and III of the Americans with Disabilities Act; Section 542 of the Public Health Service Act, pertaining to nondiscrimination against substance abusersusers; Title 45, Part 46 of the Code of Federal Regulations, pertaining to research involving human subjects; Title 45 Parts 160 and 164 Subparts A and E, pertaining to privacy and confidentiality; Title 42 Parts 434 and 438 of the Code of Federal Regulations, pertaining to managed care; Title 42 Parts 438, 440, and 457 of the Code of Federal Regulations, pertaining to mental health parity and addiction equity; • Section 29a of the West Virginia Code; • Xxxxxxxx Anti-Kickback Act; Xxxxx-Xxxxx Act; Contract Work Hours and Safety Standards; Right to Inventions Made Under a Contract or Agreement; Clean Air Act and Federal Water Pollution Control Act; Xxxx Anti-Lobbying Amendment; Debarment and Suspension; American Disabilities Act of 1990 as amended; Assisted Suicide Funding Restriction Act (ASFRA) of 1997; Patient Protection and Affordable Care Act (PPACA); Mental Health Parity and Addiction Equity Act of 2008; Health Care and Education Reconciliation Act of 2010 (HCERA); and Any other pertinent Federal, State State, or local laws, regulations, or policies in the performance of this contract. The MCO is prohibited from paying for an item or service with respect to any amount expended:  For which funds may not be used under ASFRA of 1997; and  For roads, bridges, stadiums, or any other item or service not covered under the State Plan. The MCO must comply with all applicable Federal and State laws, regulations, policies, or reporting requirements needed to comply with the policies and regulations set forth in the Patient Protection and Affordable Care Act (PPACA), P.L. 111-148, enacted on March 23, 2010, and the Health Care and Education Reconciliation Act of 2010 (HCERA), P.L. 111-152, enacted on March 30, 2010. The MCO must also comply with requirements and regulations pertaining to: Copyrights, data, and reporting and patent rights under any Contract involving research, developmental, experimental, or demonstration work with respect to any discovery or invention which arises or is developed in the course of this contract; Applicable standards, orders orders, or requirements under Section 306 of the Clean Air Act (42 USC 1857(h)), section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15); and Energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-165). The MCO must procure all necessary permits and licenses and abide by all applicable laws, regulations, and ordinances of the United States, State of West Virginia, and political subdivision in which work under the Contract is performed. The MCO must retain at all times during the period of this Contract a valid Certificate of Authority issued by the State Commissioner of Insurance. The MCO must pay any sales tax, use and personal property taxes arising out of this Contract and the transactions contemplated thereby. Any other taxes levied upon this contract, the transaction, or the equipment or services delivered pursuant hereto can will be borne by the MCO. The MCO must adhere to the provisions of the Clinical Laboratory Improvement Amendments of 1988 (CLIA) Public Law 100-578. The MCO must fully comply with X. Xx. Code §11-27-10a which imposes a tiered tax on a PMPM basis on all entities holding a health maintenance organization certificate of authority in the State of West Virginia.

Appears in 1 contract

Samples: Service Provider Agreement

Compliance with Applicable Laws, Rules, And Policies. The MCO and its Subcontractors, in performing this contract, must comply with all applicable Federal and State laws, regulations, and written policies, including those pertaining to licensing and including those affecting the rights of enrollees. MCOs must include provisions relating to compliance with such laws in Subcontracts with providers. Assessment of compliance must be included in the MCOs’ credentialing procedures to the extent feasible. Work performed under this Contract must conform to the federal requirements set forth in Title 45, CFR Part 74 and Title 42, Part 434. The MCO must also abide by all applicable Federal and State laws and regulations including but not limited to: • Chapter 9, Article 5 and Chapter 49, Articles 1, 2, and 4 of the West Virginia Code pertaining to the state’s xxxxxx care program and transitioning the xxxxxx care population to an MCO (2019 WV House Bill 2010); • Section 504 of the Rehabilitation Act of 1973; • Title IX of the Education Amendments of 1972; • The Age Discrimination Act of 1975; • Titles II and III of the Americans with Disabilities Act; • Section 542 of the Public Health Service Act, pertaining to nondiscrimination against substance abusersusers; • Title 45, Part 46 of the Code of Federal Regulations, pertaining to research involving human subjects; • Title 45 Parts 160 and 164 Subparts A and EE and Part 162, pertaining to privacy and confidentiality; • Title 42 Parts 434 and 438 of the Code of Federal Regulations, pertaining to managed care; • Title 42 Parts 438, 440, and 457 of the Code of Federal Regulations, pertaining to mental health parity and addiction equity; • Section 29a of the West Virginia Code; • Xxxxxxxx Anti-Kickback Act; • Xxxxx-Xxxxx Act; • Contract Work Hours and Safety Standards; • Right to Inventions Made Under a Contract or Agreement; • Clean Air Act and Federal Water Pollution Control Act; • Xxxx Anti-Lobbying Amendment; • Debarment and Suspension; • American Disabilities Act of 1990 as amended; • Assisted Suicide Funding Restriction Act of 1997; • Patient Protection and Affordable Care Act (PPACA); • Mental Health Parity and Addiction Equity Act of 2008; • Family First Prevention Services Act (FFPSA) of 2018; • Health Care and Education Reconciliation Act of 2010 (HCERA); • Federal Information Security Management Act (FISMA); and • Any other pertinent Federal, State or local laws, regulations, or policies in the performance of this contract. The MCO must comply with all applicable Federal and State laws, regulations, policies, or reporting requirements needed to comply with the policies and regulations set forth in the Patient Protection and Affordable Care Act (PPACA), P.L. 111-148, enacted on March 23, 2010, and the Health Care and Education Reconciliation Act of 2010 (HCERA), P.L. 111-152, enacted on March 30, 2010. The MCO must also comply with requirements and regulations pertaining to: • Copyrights, data, and reporting and patent rights under any Contract involving research, developmental, experimental, or demonstration work with respect to any discovery or invention which arises or is developed in the course of this contract; • Applicable standards, orders or requirements under Section 306 of the Clean Air Act (42 USC 1857(h)), section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15); and • Energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-165). The MCO must procure all necessary permits and licenses and abide by all applicable laws, regulations, and ordinances of the United States, State of West Virginia, and political subdivision in which work under the Contract is performed. The MCO must retain at all times during the period of this Contract a valid Certificate of Authority issued by the State Commissioner of Insurance. The MCO must pay any sales tax, use and personal property taxes arising out of this Contract and the transactions contemplated thereby. Any other taxes levied upon this contract, the transaction, or the equipment or services delivered pursuant hereto can will be borne by the MCO. The MCO must adhere to the provisions of the Clinical Laboratory Improvement Amendments of 1988 (CLIA) Public Law 100-578.

Appears in 1 contract

Samples: dhhr.wv.gov

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