LIMITATION OF COUNTY LIABILITY FOR DISALLOWANCES. 10.1. Notwithstanding any other provision of the Agreement, COUNTY will be held harmless by CONTRACTOR from any Federal or State audit disallowance and interest resulting from payments made to CONTRACTOR pursuant to this Agreement, less the amounts already submitted to the State for the disallowed claim.
LIMITATION OF COUNTY LIABILITY FOR DISALLOWANCES. CONTRACTOR shall be liable for federal and state audit exceptions due to inadequate documentation as per medical necessity documentation requirements and shall reimburse COUNTY for any recoupments ordered by the State within sixty (60) days of the date of the State’s or COUNTY’S notice of recoupment order. If CONTRACTOR fails to reimburse the COUNTY within the time period, the COUNTY may offset the unpaid amount against any sums due from COUNTY to CONTRACTOR pursuant to this Agreement or any other agreement or obligation. COUNTY shall be liable for federal and state audit exceptions should the patient not meet continued stay medical necessity criteria, the Contractor’s clinical team has determined the patient is ready for discharge, and the county requests/agrees the patient be held at the Contractor’s facility longer. This may occur in instances when a requested Temporary Conservatorship (T-con) is in process, or when transportation, placement, etc. is not available for the patient.
