Loss of Program Authority. Effective January 1, 2021, as required by CMS, should any part of the scope of work under this contract relate to a state program that is no longer authorized by law (e.g., which has been vacated by a court of law, or for which CMS has withdrawn federal authority, or which is the subject of a legislative repeal), the Contractor must do no work on that part after the effective date of the loss of program authority. The state must adjust payment to remove costs that are specific to any program or activity that is no longer authorized by law. If the Contractor works on a program or activity no longer authorized by law after the date the legal authority for the work ends, the Contractor will not be paid for that work. If the state paid the Contractor in advance to work on a no-longer- authorized program or activity and under the terms of this contract the work was to be performed after the date the legal authority ended, the payment for that work should be returned to the state. However, if the Contractor worked on a program or activity prior to the date legal authority ended for that program or activity, and the state included the cost of performing that work in its payments to the Contractor, the Contractor may keep the payment for that work even if the payment was made after the date the program or activity lost legal authority.”
Loss of Program Authority. Should any part of the Scope of Work under this Contract relate to a State program that is no longer authorized by law (e.g., which has been vacated by a court of law, or for which CMS has withdrawn federal authority, or which is the subject of a legislative repeal), the MCO must do no work on that part after the effective date of the loss of program authority. HHSC must adjust Capitation Rates, or non-risk payments as applicable, to remove costs that are specific to any program or activity that is no longer authorized by law. If the MCO works on a program or activity no longer authorized by law after the date the legal authority for the work ends, the MCO will not be paid for that work. If HHSC paid the MCO in advance to work on a no- longer-authorized program or activity and under the terms of this Contract the work was to be performed after the date the legal authority ended, the payment for that work should be returned to HHSC. However, if the MCO worked on a program or activity prior to the date legal authority ended for that program or activity, and HHSC included the cost of performing that work in its payments to the MCO, the MCO may keep the payment for that work even if the payment was made after the date the program or activity lost legal authority.
Loss of Program Authority. 5.3.22.1.Should any part of the services and/or deliverables covered under this Contract relate to a State program that is no longer authorized by law (e.g., which has been vacated by a court of law, or for which CMS has withdrawn federal authority, or which is the subject of a legislative repeal), the STAR+PLUS MMP must do no work on that part after the effective date of the loss of program authority. HHSC and CMS must adjust capitation rates, or non-risk payments as applicable, to remove costs that are specific to any program or activity that is no longer authorized by law after the date the legal authority for the work ends, the STAR+PLUS MMP will not be paid for that work. If HHSC or CMS paid the STAR+PLUS MMP in advance to work on a no-longer-authorized program or activity and under the terms of this Contract the work was to be performed after the date the legal authority ended, the payment for that work must be returned to HHSC or CMS, respectively. However, if the STAR+PLUS MMP worked on a program or activity prior to the date legal authority ended for that program or activity, and HHSC or CMS included the cost of performing that work in its payments to the STAR+PLUS MMP, the STAR+PLUS MMP may keep the payments for that work even if the payment was made after the date the program or activity lost legal authority.
