Common use of Effective Date and Term of CAP Clause in Contracts

Effective Date and Term of CAP. The Effective Date for this CAP shall be calculated in accordance with paragraph II.14. of the Agreement (“Effective Date”). The period for compliance (“Compliance Term”) with the obligations assumed by SEMC under this CAP shall begin on the Effective Date of this CAP and end one (1) year from the Effective Date unless HHS has notified SEMC under Section VIII. hereof of its determination that SEMC has breached this CAP. In the event of such a notification by HHS under Section VIII. hereof, the Compliance Term shall not end until HHS notifies SEMC that it has determined that the breach has been cured or HHS proceeds with the imposition of a civil monetary penalty (“CMP”) against SEMC pursuant to 45 C.F.R. Part 160 and Section VIII.D. of the CAP. After the Compliance Term ends, SEMC shall still be obligated to submit the Implementation Report as required by Section VI. of the CAP and to comply with the document retention requirement in Section VII. of the CAP.

Appears in 2 contracts

Samples: Resolution Agreement, Resolution Agreement

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Effective Date and Term of CAP. The Effective Date for this CAP shall be calculated in accordance with paragraph II.14. II.9 of the Agreement (“Effective Date”). The period for compliance (“Compliance Term”) with the obligations assumed by SEMC SJHMC under this CAP shall begin on the Effective Date of this CAP and end one two (12) year years from the Effective Date Date, unless HHS has notified SEMC SJHMC under Section VIII. VIII hereof of its determination that SEMC has SJHMC breached this CAP. In the event of such a notification by HHS under Section VIII. VIII hereof, the Compliance Term shall not end until HHS notifies SEMC has notified SJHMC that it has determined that the breach has been cured or HHS proceeds with the imposition of a civil monetary penalty (“CMP”) against SEMC pursuant to 45 C.F.R. Part 160 and Section VIII.D. of the CAPcured. After the Compliance Term ends, SEMC SJHMC shall still be obligated to to: (a) submit the Implementation final Annual Report as required by Section section VI. of the CAP ; and to (b) comply with the document retention requirement in Section section VII. of Nothing in this CAP is intended to eliminate or modify SJHMC’s obligation to comply with the CAPdocument retention requirements in 45 C.F.R. §§ 164.316(b) and 164.530(j).

Appears in 1 contract

Samples: Resolution Agreement

Effective Date and Term of CAP. The Effective Date for this CAP shall be calculated in accordance with paragraph II.14. II.14 of the Agreement (“Effective Date”). The period for compliance (“Compliance Term”) with the obligations assumed by SEMC EHP under this CAP shall begin on the Effective Date of this CAP and end one two (12) year years from the Effective Date Date, unless before the end of the two (2) year period, HHS has notified SEMC EHP under Section VIII. section VIII.B hereof of its determination position that SEMC has EHP breached this CAP. In the event of such a notification by HHS under Section VIII. section VIII.B hereof, the Compliance Term shall not end until HHS either (1) notifies SEMC EHP that it has determined that the breach has been cured or HHS proceeds with the (2) notifies EHP under VIII.D hereof that it will seek imposition of a civil monetary penalty (“CMP”) against SEMC pursuant to 45 C.F.R. Part 160 and Section VIII.D. of the CAP. After the Compliance Term ends, SEMC EHP shall still be obligated to to: (a) submit the Implementation final Annual Report as required by Section section VI. of the CAP ; and to (b) comply with the document retention requirement in Section section VII. of Nothing in this CAP is intended to eliminate or modify EHP’s obligation to comply with the CAPdocument retention requirements in 45 C.F.R. § 164.316(b) and § 164.530(j).

Appears in 1 contract

Samples: Resolution Agreement

Effective Date and Term of CAP. The Effective Date for this CAP shall be calculated in accordance with paragraph II.14. II.14 of the Agreement (“Effective Date”). The period for compliance (“Compliance Term”) with the obligations assumed by SEMC Lahey under this CAP shall begin on the Effective Date of this CAP and end one two (12) year years from the Effective Date unless HHS has notified SEMC Lahey under Section VIII. section VIII hereof of its determination that SEMC Lahey has breached this CAP. In the event of such a notification by HHS under Section VIII. section VIII hereof, the Compliance Term shall not end until HHS notifies SEMC Lahey that it has determined that the breach has been cured or HHS proceeds with the imposition of a civil monetary penalty (“CMP”) against SEMC Lahey pursuant to 45 C.F.R. Part 160 and Section section VIII.D. of the CAP. After the Compliance Term ends, SEMC Lahey shall still be obligated to submit the Implementation Report as required by Section section VI. of the CAP and to comply with the document retention requirement in Section VII. section VII of the CAP.

Appears in 1 contract

Samples: Resolution Agreement

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Effective Date and Term of CAP. The Effective Date for this CAP shall be calculated in accordance with paragraph II.14. II.14 of the Agreement (“Effective Date”). The period for compliance (“Compliance Term”) with the obligations assumed by SEMC Xxxxxxxx Xxxx MD & Associates under this CAP shall begin on the Effective Date of this CAP and end one two (12) year years from the Effective Date Date, unless HHS has notified SEMC Xxxxxxxx Xxxx MD & Associates under Section VIII. section VIII hereof of its determination that SEMC Xxxxxxxx Xxxx MD & Associates has breached this CAP. In the event of such a notification by HHS under Section VIII. section VIII hereof, the Compliance Term shall not end until HHS notifies SEMC Xxxxxxxx Xxxx MD & Associates that it has determined that the breach has been cured or HHS proceeds with the imposition of a civil monetary penalty (“CMP”) against SEMC pursuant to 45 C.F.R. Part 160 and Section VIII.D. of the CAPcured. After the Compliance Term ends, SEMC Xxxxxxxx Xxxx MD & Associates shall still be obligated to to: (a) submit the Implementation final Annual Report as required by Section section VI. of the CAP ; and to (b) comply with the document retention requirement in Section section VII. of the CAP.

Appears in 1 contract

Samples: Resolution Agreement

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