Common use of Enrollment Discrimination Clause in Contracts

Enrollment Discrimination. ‌ The Contractor shall accept individuals eligible for enrollment in the order in which they apply without restriction (unless authorized by CMS), up to the limits set under the Contract. The Contractor shall not discriminate against individuals eligible to enroll on the basis of health status or need for health care services. The Contractor shall not discriminate against individuals eligible to enroll or on the basis of race, color, religion, national origin, sex, sexual orientation, gender, gender identity or disability, limited English proficiency, marital status, political affiliation, or level of income and shall not use any policy or practice that has the effect of discrimination on the basis of race, color, religion, national origin, sex, sexual orientation, gender, gender identity or disability, limited English proficiency, marital status, political affiliation, or level of income. The Contractor shall not discriminate against individuals eligible to enroll because of an adverse change in the Member’s health status, or because of the Member’s utilization of medical services, diminished mental capacity, or uncooperative or disruptive behavior resulting from Member’s special needs (except when Member’s continued Enrollment in the Contractor seriously impairs the Contractor’s ability to furnish services to either this particular Member or other Members). The Division may impose liquidated damages in accordance with Section 15, Non- Compliance and Termination, of this Contract if the Contractor is in violation of this section.

Enrollment Discrimination. ‌ The Contractor shall accept individuals eligible for enrollment in the order in which they apply without restriction (unless authorized by CMS), up to the limits set under the Contract. The Contractor shall not discriminate against individuals eligible to enroll on the basis of health status or need for health care services. The Contractor shall not discriminate against individuals eligible to enroll or on the basis of race, color, religion, national origin, sex, sexual orientation, gender, gender identity or disability, limited English proficiency, marital status, political affiliation, or level of income and shall not use any policy or practice that has the effect of discrimination on the basis of race, color, religion, national origin, sex, sexual orientation, gender, gender identity or disability, limited English proficiency, marital status, political affiliation, or level of income. The Contractor shall not discriminate against individuals eligible to enroll because of an adverse change in the Member’s health status, or because of the Member’s utilization of medical services, diminished mental capacity, or uncooperative or disruptive behavior resulting from Member’s special needs (except when Member’s continued Enrollment in the Contractor seriously impairs the Contractor’s ability to furnish services to either this particular Member or other Members). The Division may impose liquidated damages in accordance with Section 15, Non- Compliance and Termination, of this Contract if the Contractor is in violation of this section.