Considerations in Determination of Remedy. In determining the remedy or sanction, the STATE may consider as mitigating factors, as appropriate, any of the following: (A) The nature and magnitude of the violation, as it relates to this Contract; (B) The number of Potential Enrollees or Enrollees, if any, affected by the breach; (C) The effect, if any, of the breach on Potential Enrollees or Enrollees’ due process rights under this Contract, or Potential Enrollees’ or Enrollees’ health or access to health services; (D) If only one Potential Enrollee or Enrollee is affected, the effect of the breach on that Potential Enrollee’s or Enrollee’s health; (E) Whether the breach is an isolated incident or there are repeated breaches of, or deficiencies under, the Contract; (F) Whether and to what extent the MCO has attempted to correct previous breaches or deficiencies; and (G) The economic benefits, if any, derived by the MCO by virtue of the breach or deficiency.
Appears in 7 contracts
Samples: Contract for Medical Assistance and Minnesotacare Services, Contract for Medical Assistance and Minnesotacare Services, Contract for Medical Assistance and Minnesotacare Services
