Common use of Considerations in Determination of Remedy Clause in Contracts

Considerations in Determination of Remedy. ‌ In determining the remedy or sanction, the STATE may consider as mitigating or enhancing factors, as appropriate, any of the following: 5.4.6.1 The nature and magnitude of the violation, as it relates to this Contract; 5.4.6.2 The number of Potential Enrollees or Enrollees, if any, affected by the breach; 5.4.6.3 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; 5.4.6.4 If only one Potential Enrollee or Enrollee is affected, the effect of the breach on that Potential Enrollee’s or Enrollee’s health; 5.4.6.5 Whether the breach is an isolated incident or there are repeated breaches of the Contract; 5.4.6.6 Xxxxxxx and to what extent the MCO has attempted to correct previous breaches; and 5.4.6.7 The economic benefits, if any, derived by the MCO by virtue of the breach.

Considerations in Determination of Remedy. ‌ In determining the remedy or sanction, the STATE may consider as mitigating or enhancing factors, as appropriate, any of the following: 5.4.6.1 5.3.6.1 The nature and magnitude of the violation, as it relates to this Contract; 5.4.6.2 5.3.6.2 The number of Potential Enrollees or Enrollees, if any, affected by the breach; 5.4.6.3 5.3.6.3 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; 5.4.6.4 5.3.6.4 If only one Potential Enrollee or Enrollee is affected, the effect of the breach on that Potential Enrollee’s or Enrollee’s health; 5.4.6.5 5.3.6.5 Whether the breach is an isolated incident or there are repeated breaches of the Contract; 5.4.6.6 5.3.6.6 Xxxxxxx and to what extent the MCO has attempted to correct previous breaches; and 5.4.6.7 5.3.6.7 The economic benefits, if any, derived by the MCO by virtue of the breach.

Considerations in Determination of Remedy. ‌ In determining the remedy or sanction, the STATE may consider as mitigating or enhancing factors, as appropriate, any of the following: 5.4.6.1 The nature and magnitude of the violation, as it relates to this Contract; 5.4.6.2 The number of Potential Enrollees or Enrollees, if any, affected by the breach; 5.4.6.3 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; 5.4.6.4 If only one Potential Enrollee or Enrollee is affected, the effect of the breach on that Potential Enrollee’s or Enrollee’s health; 5.4.6.5 Whether the breach is an isolated incident or there are repeated breaches of the Contract; 5.4.6.6 Xxxxxxx and to what extent the MCO has attempted to correct previous breaches; and 5.4.6.7 The economic benefits, if any, derived by the MCO by virtue of the breach.

Considerations in Determination of Remedy. ‌ In determining the remedy or sanction, the STATE may consider as mitigating or enhancing factors, as appropriate, any of the following: 5.4.6.1 5.3.6.1 The nature and magnitude of the violation, as it relates to this Contract; 5.4.6.2 5.3.6.2 The number of Potential Enrollees or Enrollees, if any, affected by the breach; 5.4.6.3 5.3.6.3 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; 5.4.6.4 5.3.6.4 If only one Potential Enrollee or Enrollee is affected, the effect of the breach on that Potential Enrollee’s or Enrollee’s health; 5.4.6.5 5.3.6.5 Whether the breach is an isolated incident or there are repeated breaches of the Contract; 5.4.6.6 5.3.6.6 Xxxxxxx and to what extent the MCO has attempted to correct previous breaches; and 5.4.6.7 5.3.6.7 The economic benefits, if any, derived by the MCO by virtue of the breach.