Common use of Compliance with the MDHHS/PIHP Contract Clause in Contracts

Compliance with the MDHHS/PIHP Contract. It is expressly understood and agreed by the parties hereto that this Agreement is subject to the terms and conditions of the MDHHS/PIHP Contract. The Provider shall comply with any applicable terms or conditions of such contract. The MDHHS Contract is incorporated by reference to this Contract, and by such incorporation, is made part of this Contract. Amendments to the MDHHS Contract are also terms of this Contract. The provisions of this Agreement shall be applicable unless a conflict exists between this Agreement and the provisions of the MDHHS/PIHP Contract. In the event that any provision of this Agreement is in conflict with the terms and conditions of the MDHHS/PIHP Contract, the provisions of said MDHHS/PIHP Contract shall prevail. However, a conflict shall not be deemed to exist where this Agreement: a. contains non-conflicting additional provisions and additional terms and conditions not set forth in the MDHHS Contracts; b. restates provisions of the MDHHS/PIHP Contract to afford the Payor the same or substantially the same rights and privileges as the MDHHS; or, c. requires the Provider to perform duties and/or services in less time than required of the Payor in the MDHHS/PIHP Contract. In addition, the terms and provisions of this contract may be amended, by mutual agreement of the Payor and Provider, from time to time to ensure compliance with any Medicaid contract entered into by the Payor with the Michigan Department of Health and Human Services. During the current COVID-19 State of Emergency; Federal and/or State policy or Executive Orders issued and in effect beginning on March 10, 2020, including any modifications of such Executive Orders or policies in relation to COVID-19, issued after that date, that provide different guidance or requirements than are currently identified and stated within this agreement and/or PAYOR’s policies, procedures, the PROVIDER shall follow the federal and/or state direction and guidance as it relates to the COVID-19 State of Emergency.

Compliance with the MDHHS/PIHP Contract. It is expressly understood and agreed by the parties hereto that this Agreement is subject to the terms and conditions of the MDHHS/PIHP Contract. The Provider shall comply with any applicable terms or conditions of such contract. The MDHHS Contract is incorporated by reference to this Contract, and by such incorporation, is made part of this Contract. Amendments to the MDHHS Contract are also terms of this Contract. The provisions of this Agreement shall be applicable unless a conflict exists between this Agreement and the provisions of the MDHHS/PIHP Contract. In the event that any provision of this Agreement is in conflict with the terms and conditions of the MDHHS/PIHP Contract, the provisions of said MDHHS/PIHP Contract shall prevail. However, a conflict shall not be deemed to exist where this Agreement: a. contains non-conflicting additional provisions and additional terms and conditions not set forth in the MDHHS Contracts; b. restates provisions of the MDHHS/PIHP Contract to afford the Payor MSHN the same or substantially the same rights and privileges as the MDHHS; or, c. requires the Provider to perform duties and/or services in less time than required of the Payor MSHN in the MDHHS/PIHP Contract. In addition, the terms and provisions of this contract may be amended, by mutual agreement of the Payor MSHN and Provider, from time to time to ensure compliance with any Medicaid contract entered into by the Payor MSHN with the Michigan Department of Health and & Human Services. During the current COVID-19 State of Emergency; Federal and/or State policy or Executive Orders issued and in effect beginning on March 10, 2020, including any modifications of such Executive Orders or policies in relation to COVID-19, issued after that date, that provide different guidance or requirements than are currently identified and stated within this agreement and/or PAYOR’s policies, procedures, the PROVIDER shall follow the federal and/or state direction and guidance as it relates to the COVID-19 State of Emergency. Pursuant to the MDHHS/PIHP Master Agreement if MSHN, the Michigan Department of Health & Human Services (MDHHS), Center for Medicare and Medicaid Services (CMS), the Office of Inspector General (OIG), the Comptroller General, and their designees (hereinafter referred to as the "Requesting Parties") request access to books, documents, and records of the parties hereto at any time within ten (10) years from the final date of the contract period or from the date of completion of any audit that occurs within such ten (10) year period , whichever is later, in accordance with Section 952 of the Omnibus Reconciliation Act of 1980 [42 USC 1395x(v)(1)(I)], 42 CFR 438.230(c)(3), and the regulations adopted pursuant thereto, the parties hereto agree to provide such access to the extent required. Furthermore, the parties agree that any contract between either of them and any other organization to which it is to a significant extent associated or affiliated with, owns or is owned by or has control of or is controlled by (hereinafter referred to as "Related Organization"), and which performs services on behalf of it or the other party hereto, will contain a clause requiring the Related Organization to similarly make its books, documents, and records available to the Requesting Parties.

Compliance with the MDHHS/PIHP Contract. It is expressly understood and agreed by the parties hereto that this Agreement is subject to the terms and conditions of the MDHHS/PIHP Contract. The Provider shall comply with any applicable terms or conditions of such contract. The MDHHS Contract is incorporated by reference to this Contract, and by such incorporation, is made part of this Contract. Amendments to the MDHHS Contract are also terms of this Contract. The provisions of this Agreement shall be applicable unless a conflict exists between this Agreement and the provisions of the MDHHS/PIHP Contract. In the event that any provision of this Agreement is in conflict with the terms and conditions of the MDHHS/PIHP Contract, the provisions of said MDHHS/PIHP Contract shall prevail. However, a conflict shall not be deemed to exist where this Agreement: a. contains non-conflicting additional provisions and additional terms and conditions not set forth in the MDHHS Contracts; b. restates provisions of the MDHHS/PIHP Contract to afford the Payor MSHN the same or substantially the same rights and privileges as the MDHHS; or, c. requires the Provider to perform duties and/or services in less time than required of the Payor MSHN in the MDHHS/PIHP Contract. In addition, the terms and provisions of this contract may be amended, by mutual agreement of the Payor MSHN and Provider, from time to time to ensure compliance with any Medicaid contract entered into by the Payor MSHN with the Michigan Department of Health and & Human Services. During the current COVID-19 State of Emergency; Federal and/or State policy or Executive Orders issued and in effect beginning on March 10, 2020, including any modifications of such Executive Orders or policies in relation to COVID-19, issued after that date, that provide different guidance or requirements than are currently identified and stated within this agreement and/or PAYOR’s policies, procedures, the PROVIDER shall follow the federal and/or state direction and guidance as it relates to the COVID-19 State of Emergency. Pursuant to the MDHHS/PIHP Master Agreement (XVIII(B)) if MSHN, the Michigan Department of Health & Human Services (MDHHS), Center for Medicare and Medicaid Services (CMS), the Office of Inspector General (OIG), the Comptroller General, and their designees (hereinafter referred to as the "Requesting Parties") request access to books, documents, and records of the parties hereto at any time within ten (10) years from the final date of the contract period or from the date of completion of any audit that occurs within such ten (10) year period , whichever is later, in accordance with Section 952 of the Omnibus Reconciliation Act of 1980 [42 USC 1395x(v)(1)(I)], 42 CFR 438.230(c)(3), and the regulations adopted pursuant thereto, the parties hereto agree to provide such access to the extent required. Furthermore, the parties agree that any contract between either of them and any other organization to which it is to a significant extent associated or affiliated with, owns or is owned by or has control of or is controlled by (hereinafter referred to as "Related Organization"), and which performs services on behalf of it or the other party hereto, will contain a clause requiring the Related Organization to similarly make its books, documents, and records available to the Requesting Parties.

Compliance with the MDHHS/PIHP Contract. It is expressly understood and agreed by the parties hereto that this Agreement is subject to the terms and conditions of the MDHHS/PIHP Contract. The Provider shall comply with any applicable terms or conditions of such contract. The MDHHS Contract is incorporated by reference to this Contract, and by such incorporation, is made part of this Contract. Amendments to the MDHHS Contract are also terms of this Contract. The provisions of this Agreement shall be applicable unless a conflict exists between this Agreement and the provisions of the MDHHS/PIHP Contract. In the event that any provision of this Agreement is in conflict with the terms and conditions of the MDHHS/PIHP Contract, the provisions of said MDHHS/PIHP Contract shall prevail. However, a conflict shall not be deemed to exist where this Agreement: a. contains non-conflicting additional provisions and additional terms and conditions not set forth in the MDHHS Contracts; b. restates provisions of the MDHHS/PIHP Contract to afford the Payor the same or substantially the same rights and privileges as the MDHHS; or, c. requires the Provider PROVIDER to perform duties and/or services in less time than required of the Payor in the MDHHS/PIHP Contract. In addition, the terms and provisions of this contract may be amended, by mutual agreement of the Payor and ProviderPROVIDER, from time to time to ensure compliance with any Medicaid contract entered into by the Payor with the Michigan Department of Health and Human Services. During the current COVID-19 State of Emergency; Federal and/or State policy or Executive Orders issued and in effect beginning on March 10, 2020, including any modifications of such Executive Orders or policies in relation to COVID-19, issued after that date, that provide different guidance or requirements than are currently identified and stated within this agreement and/or PAYOR’s policies, procedures, the PROVIDER shall follow the federal and/or state direction and guidance as it relates to the COVID-19 State of Emergency.