CONTROLLING AUTHORITY. Provider agrees to comply with Controlling Authority and any and all applicable federal, state and local laws, rules and regulations, or orders as amended, implemented, or supplemented. Provider shall be responsible for keeping abreast of changes to Controlling Authority and to provide education and training to its staff and employees as appropriate. Provider shall develop and implement a compliance program in accordance with 42 U.S.C. § 1396a (kk)(5). This Contract is required by 42 C.F.R. §438.214 and shall be subject to the following, including any subsequent revisions or amendments thereto, (hereinafter referred to as the “Controlling Authority”):
a. Title XIX of the Social Security Act and its implementing regulations.
b. Applicable provisions of North Carolina General Statutes Chapters 108A, 108D and 122C.
c. The North Carolina State Plan for Medical Assistance.
d. The North Carolina Mental Health, Developmental Disabilities, and Substance Abuse Services (MH/DD/SA) health plan waiver authorized by the Centers for Medicare and Medicaid Services (CMS) pursuant to Section 1915(b) of the Act, and the N.C. Home and Community Based Services Innovations waiver authorized by CMS pursuant to Section 1915(c) of the Act.
e. The federal anti-kickback statute, 42 U.S.C. § 1320a-7b(b) and its implementing regulations; the federal False Claims Act, 31 U.S.C. §§ 3729 – 3733 and its implementing regulations; and the North Carolina Medical Providers False Claims Act, N.C. Gen. Stat. § 108A- 70-10 et seq.
f. All federal and state Member’s rights and confidentiality laws and regulations, including but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its implementing regulations, 45 CFR Parts 160, 162 and 164, as further expanded by the Health Information Technology for Economic and Clinical Health Act (HITECH Act), adopted as part of the American Recovery and Reinvestment Act of 2009, commonly known as “ARRA” (Public Law 111-5) and any subsequent modifications thereof; the Substance Abuse Confidentiality regulations codified at 42 U.S.C. § 290dd-2 and 42 CFR Part 2; N.C.G.S. § 122C-51, et seq.; N.C.G.S. § 108A- 80; 10A NCAC Subchapter 26B; and DMH/DD/SAS Confidentiality Rules published as APSM 45-1 (effective January 2005).
g. Regulations concerning access to care, utilization review, clinical studies, utilization management, care management, quality management, disclosure and credentialing activities as set forth 42 CFR Parts 4...
CONTROLLING AUTHORITY. This Memorandum of Understanding shall supersede any documents unilaterally adopted by the County where conflicts exist regarding a subject covered herein.
CONTROLLING AUTHORITY. The Agency will not execute any other agreement with provisions contradictory to, or in opposition to, the provisions hereof, and in any event, the requirements of this Funding Agreement are paramount and controlling as to the rights and obligations herein set forth and supersede any other provisions in conflict herewith.
CONTROLLING AUTHORITY. Artist shall have the sole and exclusive control over the production and presentation of the Performance, including but not limited to the details, means, and methods of the performing personnel, and Artist shall have the sole right or may see fit to designate and change at any time the performing personnel.
CONTROLLING AUTHORITY. The controlling authority is the “Autorité de contrôle prudentiel et de résolution” - A.C.P.R. - located at 0, Xxxxx xx Xxxxxxxx XX 00000 00000 XXXXX XXXXX 00 – Xxxxxx.
CONTROLLING AUTHORITY. The terms of this Memorandum of Understanding, District policies and procedures, and / or federal or state laws, rules, or regulations shall supersede and are controlling over any contradictory or inconsistent terms contained in the Nebo School District Transportation Handbook.
CONTROLLING AUTHORITY. In the administration of all matters covered by this agreement, the management officials and the bargaining unit employees, are governed by existing or future laws and the regulations of appropriate authorities, including policies set forth in the Code of Federal Regulations; by published agency policies and regulations in existence at the time the agreement was approved.
CONTROLLING AUTHORITY. For this Agreement to replace default provisions in the Distributor/J&J Settlements, it must be adopted by statute or approved by the State and a sufficient number of Subdivisions as set forth in Exhibit O of those settlements. For this Agreement to replace default provisions in the Purdue and other bankruptcy plans, it is anticipated that it will need to be approved by the State and a sufficient number of Subdivisions as set forth in the specific bankruptcy plans. There are similar requirements for amending state-subdivision agreements such as this Agreement. It is understood that the approval process and participation requirements set out in this Section VII meet the requirements of these settlement agreements and anticipated bankruptcy plans. For any settlement agreement or bankruptcy plan that allows for a state- subdivision agreement to determine the requirements for amendment of a state-subdivision 6 For example, the provisions related to the default “Government Participation Mechanism” in the Purdue bankruptcy plan are not applicable with the adoption of this Agreement (which incorporates the Opioid Abatement Council). agreement, the approval process and participation requirements set out in this Section VII for an amended agreement shall control. Similarly, if this Agreement is adopted by statute, the approval process and participation requirements set out in this Section VII for an amended agreement shall control.
CONTROLLING AUTHORITY. In the event of any conflict in the documents comprising this Agreement, this Addendum shall supersede and are controlling over any contradictory or inconsistent terms contained in the other documents comprising this Agreement.
CONTROLLING AUTHORITY. Subcontractor will abide by all Contract terms, conditions, the ACWDB’s/Oakland PIC’s policies and procedures, performance standards applicable to the grant, attachments to the Contract, and all applicable documents incorporated by reference. Subcontractor will abide by each and every provision of the WIOA, its regulations, and all State of California WIOA Directives, incorporated by reference. Unless otherwise inapplicable, it is understood that the WIOA, its regulations and Directives, and relevant OMB Circulars shall be the controlling authority with regard to all matters arising under this Contract.
1.1 PARTIES TO THE AGREEMENT Neither the federal government, represented by the U.S. Department of Labor, nor the State of California is a party to this Contract. No legal liability on the part of either of them is implied under the terms of this Contract. Any liabilities or disputes as may arise under this Contract are between the parties.
1.2 CROSS INDEMNIFICATION Each party to the contract shall indemnify, defend and hold harmless, the other party, and its officers, agents and employees, from any and all liabilities and claims of any nature or damages of any character whatsoever, including death, sickness or injury to persons or property from any cause whatsoever arising from or connected with the operations or services of the Subcontractor, resulting from the conduct, negligent or otherwise, in whole or in part, of the Subcontractor, its agents, representatives, or employees to the extent permitted by law.
1.3 The Subcontractor, and the agents and employees of the Subcontractor, in the performance of this Contract, shall act in an independent capacity and not as officers or employees or agents of the ACWDB/Oakland PIC.
