Effect of partial lease of facilities Sample Clauses

Effect of partial lease of facilities. If the MA organization leases part of its facilities to another entity, its con- tract with CMS remains in effect while CMS surveys the MA organization to determine whether it continues to be in compliance with the applicable re- quirements and qualifying conditions specified in subpart K of this part. [50 FR 1346, Jan. 10, 1985; 50 FR 20570, May 17, 1985, as amended at 58 FR 38079, July 15, 1993; 60 FR 45681, Sept. 1, 1995. Redesignated and amended at 63 FR 35067, 35106, June 26, 1998; 70 FR 52027, Sept. 1, 2005] SOURCE: 63 FR 35107, June 26, 1998, unless otherwise noted. (a) Statutory basis. (1) Section 1852(f) of the Act provides that an MA organi- zation must establish meaningful grievance procedures. (2) Section 1852(g) of the Act estab- lishes requirements that an MA organi- zation must meet concerning organiza- tion determinations and appeals. (3) Section 1869 of the Act specifies the amount in controversy needed to pursue a hearing and judicial review and authorizes representatives to act on behalf of individuals that seek ap- peals. These provisions are incor- porated for MA appeals by section 1852(g)(5) of the Act and part 405 of this chapter.
Sample 1
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Effect of partial lease of facilities. If the PDP sponsor leases part of its fa- cilities to another entity, its contract with CMS remains in effect while CMS surveys the PDP sponsor to determine whether it continues to be in compli- ance with the applicable requirements and qualifying conditions specified in subpart K of this part. (a) This subpart sets forth the re- quirements relating to the following: (1) Part D plan sponsors with respect to grievances, coverage determina- tions, and redeterminations. (2) Part D IRE with respect to recon- siderations. (3) Part D enrollees’ rights with re- spect to grievances, coverage deter- minations, redeterminations, and re- considerations. (b) The requirements regarding re- openings, ALJ hearings, MAC review, and Judicial review are set forth in subpart U of this chapter. [74 FR 65363, Dec. 9, 2009] As used in this subpart, unless the context indicates otherwise—
Sample 1Sample 2
Effect of partial lease of facilities. If the MA organization leases part of its facilities to another entity, its con- tract with CMS remains in effect while CMS surveys the MA organization to determine whether it continues to be in compliance with the applicable re- quirements and qualifying conditions specified in subpart K of this part. [50 FR 1346, Jan. 10, 1985; 50 FR 20570, May 17, 1985, as amended at 58 FR 38079, July 15, 1993; 60 FR 45681, Sept. 1, 1995. Redesignated and amended at 63 FR 35067, 35106, June 26, 1998; 70 FR 52027, Sept. 1, 2005] SOURCE: 63 FR 35107, June 26, 1998, unless otherwise noted. (a) Statutory basis. (1) Section 1852(f) of the Act provides that an MA organi- zation must establish meaningful grievance procedures.
Sample 1
Effect of partial lease of facilities. If the PDP sponsor leases part of its fa- cilities to another entity, its contract with CMS remains in effect while CMS surveys the PDP sponsor to determine whether it continues to be in compli- ance with the applicable requirements and qualifying conditions specified in subpart K of this part. (a) This subpart sets forth the re- quirements relating to the following: (1) Part D plan sponsors with respect to grievances, coverage determina- tions, and redeterminations. (2) Part D IRE with respect to recon- siderations. (3) Part D enrollees’ rights with re- spect to grievances, coverage deter- minations, redeterminations, and re- considerations. (b) The requirements regarding re- openings, ALJ hearings, MAC review, and Judicial review are set forth in subpart U of this chapter. [74 FR 65363, Dec. 9, 2009] As used in this subpart, unless the context indicates otherwise— dividual either appointed by an en- rollee or authorized under State or other applicable law to act on behalf of the enrollee in filing a grievance, ob- taining a coverage determination, or in dealing with any of the levels of the ap- peals process. Unless otherwise stated in this subpart, the appointed rep- resentative has all of the rights and re- sponsibilities of an enrollee in filing a grievance, obtaining a coverage deter- mination, or in dealing with any of the levels of the appeals process, subject to the rules described in part 422, subpart M of this chapter.
Sample 1

Related to Effect of partial lease of facilities

  • SCOPE, WAIVER AND ALTERATION OF AGREEMENT (1) No agreement, alteration, understanding, variation, waiver or modification of any of the terms and conditions or covenants herein shall be made by any employee or group of employees with the Board unless executed in writing between the parties hereto and the same has been ratified by the Union and the Board. (2) The waiver of any breach or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of the terms and conditions herein. (3) If any Article or Section of this Agreement or any supplement thereto should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any Article or Section should be restrained by such tribunal, the remainder of this Agreement and supplements shall not be affected thereby and the parties shall enter into immediate collective bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement for such Article or Section.

  • Construction of Agreement The parties mutually acknowledge that they and their attorneys have participated in the preparation and negotiation of this Agreement. In cases of uncertainty this Agreement shall be construed without regard to which of the parties caused the uncertainty to exist.

  • ALTERATION OF AGREEMENT A. It is hereby agreed that any alteration or modification of this Agreement shall be binding upon the parties only if agreed to in writing by both parties. B. The waiver of any condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all terms and conditions herein.

  • Effect of Completion This agreement shall, as to any of its provisions remaining to be performed or capable of having or taking effect following Completion, remain in full force and effect notwithstanding Completion.

  • Effect of Non-Compliance Failure to comply with the requirements set forth herein may result in termination of this Agreement and/or ineligibility for award of future contracts.

  • Effect of Supplemental Agreements Upon the execution of any supplemental agreement under this Article, this Agreement shall be modified in accordance therewith, and such supplemental agreement shall form a part of this Agreement for all purposes; and every Holder of Certificates theretofore or thereafter authenticated, executed on behalf of the Holders and delivered hereunder, shall be bound thereby.

  • Effect of the Agreement Except as expressly provided herein, the Credit Agreement and the other Loan Documents shall remain unmodified and in full force and effect. Except as expressly set forth herein, this Agreement shall not be deemed (a) to be a waiver of, or consent to, a modification or amendment of, any other term or condition of the Credit Agreement or any other Loan Document, (b) to prejudice any other right or rights which the Administrative Agent or the Lenders may now have or may have in the future under or in connection with the Credit Agreement or the other Loan Documents or any of the instruments or agreements referred to therein, as the same may be amended, restated, supplemented or otherwise modified from time to time, (c) to be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with the Borrower or any other Person with respect to any waiver, amendment, modification or any other change to the Credit Agreement or the Loan Documents or any rights or remedies arising in favor of the Lenders or the Administrative Agent, or any of them, under or with respect to any such documents or (d) to be a waiver of, or consent to or a modification or amendment of, any other term or condition of any other agreement by and among the Borrower, on the one hand, and the Administrative Agent or any other Lender, on the other hand. References in the Credit Agreement to “this Agreement” (and indirect references such as “hereunder”, “hereby”, “herein”, and “hereof”) and in any Loan Document to the Credit Agreement shall be deemed to be references to the Credit Agreement as modified hereby.

  • Effect of Agreement Nothing herein contained shall be deemed to require to the Trust to take any action contrary to its Declaration of Trust or its By-Laws or any applicable law, regulation or order to which it is subject or by which it is bound, or to relieve or deprive the Trustees of the Trust of their responsibility for and control of the conduct of the business and affairs of the Trust.

  • Construction of Provisions Although certain provisions of this Agreement contain express language which precludes the Servicer's recovery of, or reimbursement for, expenses incurred hereunder, no inference to the contrary shall be drawn from absence of such, or similar, language in any other provision hereof regarding expenses.

  • Effect of Waiver or Consent A waiver or consent, express or implied, to or of any breach or default by any Person in the performance by that Person of its obligations with respect to the Company is not a consent or waiver to or of any other breach or default in the performance by that Person of the same or any other obligations of that Person with respect to the Company. Failure on the part of a Person to complain of any act of any Person or to declare any Person in default with respect to the Company, irrespective of how long that failure continues, does not constitute a waiver by that Person of its rights with respect to that default until the applicable statute-of-limitations period has run.

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