Common use of Maintenance of Records and Audits Clause in Contracts

Maintenance of Records and Audits. A. TE shall provide to Fair Board monthly statements detailing revenues received in connection with the exercise of its rights under this Agreement for which Fair Board is to receive a portion of the revenues therefrom. TE shall keep and preserve for at least three (3) years sufficient records to perform an audit of such revenues and expenses for such period. B. Fair Board shall provide to TE monthly statements detailing revenues received in connection with its performance of any activity for which TE is to receive a portion of the revenues therefrom. Fair Board shall keep and preserve for at least three (3) years sufficient records to perform an audit of such revenues and expenses for such period related to those activities. C. Records created and maintained by TE in connection with the services under this Agreement shall be provided without delay at Fair Board’s reasonable request. D. TE shall maintain documentation for all charges in relation to this Agreement. The books, records, and documents of TE, insofar as they relate to work performed or money received under this Agreement, shall be maintained for a period of three (3) full years from the date of final payment and will be subject to audit, at any reasonable time and upon reasonable notice by METRO or its duly appointed representatives. The records shall be maintained in accordance with generally accepted accounting principles. In the event of litigation, working papers and other documents shall be produced in accordance with applicable laws and/or rules of discovery. Breach of the provisions of this paragraph is a material breach of this Agreement. E. All documents and supporting materials related in any manner whatsoever to this Agreement or any designated portion thereof, which are in the possession of TE or any subcontractor or subconsultant shall be made available to METRO for inspection and copying upon written request from METRO. Said documents shall also be made available for inspection and/or copying by any state, federal or other regulatory authority, upon request from METRO. Said records include, but are not limited to, all drawings, plans, specifications, submittals, correspondence, minutes, memoranda, tape recordings, videos, or other writings or things which document the procurement and/or performance of this Agreement. Said records expressly include those documents reflecting the cost, including all subcontractors’ records and payroll records of TE and subcontractors.

Maintenance of Records and Audits. A. TE a. Participant shall provide maintain and shall contractually require its Practice Providers and Suppliers to Fair Board monthly statements detailing revenues received maintain operational, financial, administrative and medical records, contracts, books, files and other documents as required legally or pursuant to prudent business practices in connection with the exercise of its rights services performed under this Agreement for which Fair Board is (“Records”). Such Records shall be maintained in a timely and accurate manner and shall, at a minimum, be sufficient to receive a portion of the revenues therefrom. TE shall keep allow ACO to determine whether Participant, Practice Providers, and preserve for at least three (3) years sufficient records to perform an audit of such revenues and expenses for such period. B. Fair Board shall provide to TE monthly statements detailing revenues received in connection with its performance of any activity for which TE is to receive a portion of the revenues therefrom. Fair Board shall keep and preserve for at least three (3) years sufficient records to perform an audit of such revenues and expenses for such period related to those activities. C. Records created and maintained by TE in connection with the services Suppliers are performing their obligations under this Agreement shall be provided without delay at Fair Board’s reasonable requestconsistent with the terms of this Agreement and in accordance with Applicable Requirements and to confirm that the data submitted by Participant, Practice Providers, and its Suppliers for reporting and other purposes is accurate. D. TE b. Upon request, Provider shall maintain documentation for all charges in relation give and shall contractually require its Practice Participants and Suppliers to give ACO, the U.S. Department of Health and Human Services, the Comptroller General of the United States, CMS, and/or their designees the right to access, audit, evaluate, and inspect any books, contracts, computer or electronic systems and records, including medical records, patient care documentation, encounter data, and other records of the Participant, Practice Provider, or any Supplier or its transferee that pertain to any aspect of this Agreement. The books, recordsincluding, and documents of TEwithout limitation, insofar as they relate to work services performed or money received under this Agreement, ACO’s, Participant’s, and Practice Providers’ compliance with the MSSP, the quality of services performed, data related to Medicare utilization and costs; quality performance measures, MSSP distributions other financial arrangements to related to this Agreement, or such other Records as may deemed necessary to enforce the MSSP Agreement. Participant, Practice Providers, and Suppliers shall be maintained furnish such access, audit, evaluation and inspection rights by providing copies of such Records to ACO at no additional cost and ACO will provide such Records directly to the applicable regulatory agency, unless ACO, in its discretion, directs Participant, Practice Provider, or Supplier to furnish copies directly to the applicable regulatory agency. c. Participant agrees to permit and shall contractually require Practice Providers and Suppliers to permit ACO, CMS, HHS, the Comptroller General and ACO or their designees to conduct on-site evaluations of Participant, Practice Provider, and Supplier personnel, physical premises, facilities and equipment to assess and audit Provider’s, Practice Provider’s, and Supplier’s performance under this Agreement and with Applicable Requirements. d. The terms of this Section 10, including with respect to maintenance of Records by Participant, Practice Providers, and Suppliers, shall remain in effort for a period of three the longer of (3a) full ten (10) years from the final date of final payment and will be subject to audit, at any reasonable time and upon reasonable notice by METRO or its duly appointed representatives. The records shall be maintained in accordance with generally accepted accounting principles. In the event of litigation, working papers and other documents shall be produced in accordance with applicable laws and/or rules of discovery. Breach of the provisions of this paragraph is a material breach of this Agreement. E. All documents and supporting materials related in any manner whatsoever to this MSSP Agreement or any designated portion thereof, which are in the possession of TE or any subcontractor or subconsultant shall be made available to METRO for inspection and copying upon written request from METRO. Said documents shall also be made available for inspection and/or copying by any state, federal or other regulatory authority, upon request from METRO. Said records include, but are not limited to, all drawings, plans, specifications, submittals, correspondence, minutes, memoranda, tape recordings, videos, or other writings or things which document the procurement and/or performance of this Agreement. Said records expressly include those documents reflecting the cost, including all subcontractors’ records and payroll records of TE and subcontractors.period; or

Maintenance of Records and Audits. A. TE a. Provider shall provide maintain and shall contractually require its Practice Providers and Suppliers to Fair Board monthly statements detailing revenues received maintain operational, financial, administrative and medical records, contracts, books, files and other documents as required legally or pursuant to prudent business practices in connection with the exercise of its rights services performed under this Agreement for which Fair Board is (“Records”). Such Records shall be maintained in a timely and accurate manner and shall, at a minimum, be sufficient to receive a portion of the revenues therefrom. TE shall keep allow DCE to determine whether Provider, Practice Providers, and preserve for at least three (3) years sufficient records to perform an audit of such revenues and expenses for such period. B. Fair Board shall provide to TE monthly statements detailing revenues received in connection with its performance of any activity for which TE is to receive a portion of the revenues therefrom. Fair Board shall keep and preserve for at least three (3) years sufficient records to perform an audit of such revenues and expenses for such period related to those activities. C. Records created and maintained by TE in connection with the services Suppliers are performing their obligations under this Agreement shall be provided without delay at Fair Board’s reasonable request. D. TE shall maintain documentation for all charges consistent with the terms of this Agreement and in relation accordance with Applicable Requirements and to this Agreement. The booksconfirm that the data submitted by Provider, recordsPractice Providers, and documents its Suppliers for reporting and other purposes is accurate. Such Records shall include records of TE, insofar as they relate to work performed any payments made or money received under this Agreement. b. Upon request, Provider shall give and shall contractually require its Practice Providers and Suppliers to give DCE, HHS, the Comptroller General of the United States, CMS, and/or their designees, the right to access, audit, evaluate, and inspect any books, contracts, computer or electronic systems and records, including medical records, patient care documentation, encounter data, and other records of the Provider, Practice Provider, or any Supplier or its transferee that pertain to any aspect of this Agreement, including, without limitation, services performed under this Agreement, DCE’s, Provider’s, and Practice Providers’ compliance with the CMS Agreement, the quality of services performed, data related to Medicare utilization and costs; quality performance measures, distributions and other financial arrangements to related to this Agreement, or such other Records as may deemed necessary to enforce the CMS Agreement. Provider, Practice Providers, and Suppliers shall furnish such access, audit, evaluation and inspection rights by providing copies of such Records to DCE at no additional cost and DCE will provide such Records directly to the applicable regulatory agency, unless DCE, in its discretion, directs Provider, Practice Provider, or Supplier to furnish copies directly to the applicable regulatory agency. c. Provider agrees to permit and shall contractually require Practice Providers and Suppliers to permit DCE, CMS, HHS, the Comptroller General, or their designees to conduct on-site evaluations of Provider, Practice Provider, and Supplier personnel, physical premises, facilities and equipment to assess and audit Provider’s, Practice Provider’s, and Supplier’s performance under this Agreement and with Applicable Requirements. d. The terms of this section, including with respect to maintenance of Records by Provider, Practice Providers, and Suppliers, shall be maintained remain in effect for a period of three the longer of (3a) full ten (10) years from the final date of the CMS Agreement period; or (b) completion of any audit, evaluation, or inspection; unless (i) CMS determines there is a special need to retain a particular Record or group of Records for a longer period and notifies DCE at least thirty (30) days before the normal disposition date; or (ii) there has been a termination, dispute, or allegation of fraud or similar fault against DCE, Provider or its Practice Providers, DCE’s other providers and/or suppliers, or other individuals or entities performing functions or services related to DCE’s activities under the CMS Agreement, in which case Provider shall and shall contractually require its Practice Providers and Suppliers to retain Records for an additional six (6) years from the date of any resulting final payment and will be subject to audit, at any reasonable time and upon reasonable notice by METRO or its duly appointed representatives. The records shall be maintained in accordance with generally accepted accounting principles. In the event of litigation, working papers and other documents shall be produced in accordance with applicable laws and/or rules of discovery. Breach resolution of the provisions of this paragraph is a material breach of this Agreement. E. All documents and supporting materials related in any manner whatsoever to this Agreement or any designated portion thereoftermination, which are in the possession of TE or any subcontractor or subconsultant shall be made available to METRO for inspection and copying upon written request from METRO. Said documents shall also be made available for inspection and/or copying by any state, federal or other regulatory authority, upon request from METRO. Said records include, but are not limited to, all drawings, plans, specifications, submittals, correspondence, minutes, memoranda, tape recordings, videosdispute, or other writings allegation of fraud or things which document the procurement and/or performance of this Agreement. Said records expressly include those documents reflecting the cost, including all subcontractors’ records and payroll records of TE and subcontractorssimilar fault.

Maintenance of Records and Audits. A. TE a. Provider shall provide maintain and shall contractually require its Subcontractors to Fair Board monthly statements detailing revenues received maintain operational, financial, administrative and medical records, contracts, books, files and other documents as required legally or pursuant to prudent business practices in connection with the exercise of its rights services performed under this Agreement for which Fair Board is (“Records”). Such Records shall be maintained in a timely and accurate manner and shall, at a minimum, be sufficient to receive a portion of the revenues therefrom. TE shall keep allow ACO to determine whether Provider and preserve for at least three (3) years sufficient records to perform an audit of such revenues and expenses for such period. B. Fair Board shall provide to TE monthly statements detailing revenues received in connection with its performance of any activity for which TE is to receive a portion of the revenues therefrom. Fair Board shall keep and preserve for at least three (3) years sufficient records to perform an audit of such revenues and expenses for such period related to those activities. C. Records created and maintained by TE in connection with the services Subcontractors are performing their obligations under this Agreement shall be provided without delay at Fair Board’s reasonable requestconsistent with the terms of this Agreement and in accordance with Applicable Requirements and to confirm that the data submitted by Provider and its Subcontractors for reporting and other purposes is accurate. D. TE b. Upon request, Provider shall maintain documentation for all charges in relation give and shall contractually require its Subcontractors to give ACO, HFN, the U.S. Department of Health and Human Services, the Comptroller General of the United States, CMS, and/or their designees the right to access, audit, evaluate, and inspect any books, contracts, computer or electronic systems and records, including medical records, patient care documentation, encounter data, and other records of the Provider or any Subcontractor or its transferee that pertain to any aspect of this Agreement. The books, recordsincluding, and documents of TEwithout limitation, insofar as they relate to work services performed or money received under this Agreement, ACO, HFN’s and Provider’s compliance with the MSSP, the quality of services performed, data related to Medicare utilization and costs; quality performance measures, MSSP distributions other financial arrangements to related to this Agreement, or such other Records as may deemed necessary to enforce the MSSP Agreement. Provider shall be maintained furnish such access, audit, evaluation and inspection rights by providing copies of such Records to ACO and/or HFN at no additional cost and ACO or HFN will provide such Records directly to the applicable regulatory agency, unless ACO or HFN, in its discretion, directs Provider or is Subcontractor to furnish copies directly to the applicable regulatory agency. c. Provider agrees to permit and shall contractually require its Subcontractors to permit ACO, CMS, HHS, the Comptroller General and HFN or their designees to conduct on-site evaluations of Provider and Subcontractor personnel, physical premises, facilities and equipment to assess and audit Provider’s performance under this Agreement and with Applicable Requirements. d. The terms of this Section 10, including with respect to maintenance of Records by Provider and Subcontractors, shall remain in effort for a period of three the longer of (3a) full ten (10) years from the final date of the MSSP Agreement period; or (b) completion of any audit, evaluation, or inspection; unless (i) CMS determines there is a special need to retain a particular Record or group of Records for a longer period and notifies ACO at least thirty (30) days before the normal disposition date; or (ii) there has been a termination, dispute, or allegation of fraud or similar fault against ACO, HFN, Provider or its participating providers, HFN’s other providers and/or suppliers, or other individuals or entities performing functions or services related to ACO’s or HFN’s activities under the MSSP Agreement, in which case Provider shall and shall contractually require its Subcontractors to retain Records for an additional six (6) years from the date of any resulting final payment and will be subject to audit, at any reasonable time and upon reasonable notice by METRO or its duly appointed representatives. The records shall be maintained in accordance with generally accepted accounting principles. In the event of litigation, working papers and other documents shall be produced in accordance with applicable laws and/or rules of discovery. Breach resolution of the provisions of this paragraph is a material breach of this Agreement. E. All documents and supporting materials related in any manner whatsoever to this Agreement or any designated portion thereoftermination, which are in the possession of TE or any subcontractor or subconsultant shall be made available to METRO for inspection and copying upon written request from METRO. Said documents shall also be made available for inspection and/or copying by any state, federal or other regulatory authority, upon request from METRO. Said records include, but are not limited to, all drawings, plans, specifications, submittals, correspondence, minutes, memoranda, tape recordings, videosdispute, or other writings allegation of fraud or things which document the procurement and/or performance of this Agreement. Said records expressly include those documents reflecting the cost, including all subcontractors’ records and payroll records of TE and subcontractorssimilar fault.

Maintenance of Records and Audits. A. TE a. Provider shall provide maintain and shall contractually require its Practice Providers and Suppliers to Fair Board monthly statements detailing revenues received maintain operational, financial, administrative and medical records, contracts, books, files and other documents as required legally or pursuant to prudent business practices in connection with the exercise of its rights services performed under this Agreement for which Fair Board is (“Records”). Such Records shall be maintained in a timely and accurate manner and shall, at a minimum, be sufficient to receive a portion of the revenues therefrom. TE shall keep allow DCE to determine whether Provider, Practice Providers, and preserve for at least three (3) years sufficient records to perform an audit of such revenues and expenses for such period. B. Fair Board shall provide to TE monthly statements detailing revenues received in connection with its performance of any activity for which TE is to receive a portion of the revenues therefrom. Fair Board shall keep and preserve for at least three (3) years sufficient records to perform an audit of such revenues and expenses for such period related to those activities. C. Records created and maintained by TE in connection with the services Suppliers are performing their obligations under this Agreement shall be provided without delay at Fair Board’s reasonable request. D. TE shall maintain documentation for all charges consistent with the terms of this Agreement and in relation accordance with Applicable Requirements and to this Agreement. The booksconfirm that the data submitted by Provider, recordsPractice Providers, and documents its Suppliers for reporting and other purposes is accurate. Such Records shall include records of TE, insofar as they relate to work performed any payments made or money received under this Agreement. b. Upon request, Provider shall give and shall contractually require its Practice Providers and Suppliers to give DCE, HHS, the Comptroller General of the United States, CMS, and/or their designees, the right to access, audit, evaluate, and inspect any books, contracts, computer or electronic systems and records, including medical records, patient care documentation, encounter data, and other records of the Provider, Practice Provider, or any Supplier or its transferee that pertain to any aspect of this Agreement, including, without limitation, services performed under this Agreement, DCE’s, Provider’s, and Practice Providers’ compliance with the CMS Agreement, the quality of services performed, data related to Medicare utilization and costs; quality performance measures, distributions and other financial arrangements to related to this Agreement, or such other Records as may deemed necessary to enforce the CMS Agreement. Provider, Practice Providers, and Suppliers shall furnish such access, audit, evaluation and inspection rights by providing copies of such Records to DCE at no additional cost and DCE will provide such Records directly to the applicable regulatory agency, unless DCE, in its discretion, directs Provider, Practice Provider, or Supplier to furnish copies directly to the applicable regulatory agency. c. Provider agrees to permit and shall contractually require Practice Providers and Suppliers to permit DCE, CMS, HHS, the Comptroller General, or their designees to conduct on-site evaluations of Provider, Practice Provider, and Supplier personnel, physical premises, facilities and equipment to assess and audit Provider’s, Practice Provider’s, and Supplier’s performance under this Agreement and with Applicable Requirements. NOT FOR EXECUTION d. The terms of this section, including with respect to maintenance of Records by Provider, Practice Providers, and Suppliers, shall be maintained remain in effect for a period of three the longer of (3a) full ten (10) years from the final date of the CMS Agreement period; or (b) completion of any audit, evaluation, or inspection; unless (i) CMS determines there is a special need to retain a particular Record or group of Records for a longer period and notifies DCE at least thirty (30) days before the normal disposition date; or (ii) there has been a termination, dispute, or allegation of fraud or similar fault against DCE, Provider or its Practice Providers, DCE’s other providers and/or suppliers, or other individuals or entities performing functions or services related to DCE’s activities under the CMS Agreement, in which case Provider shall and shall contractually require its Practice Providers and Suppliers to retain Records for an additional six (6) years from the date of any resulting final payment and will be subject to audit, at any reasonable time and upon reasonable notice by METRO or its duly appointed representatives. The records shall be maintained in accordance with generally accepted accounting principles. In the event of litigation, working papers and other documents shall be produced in accordance with applicable laws and/or rules of discovery. Breach resolution of the provisions of this paragraph is a material breach of this Agreement. E. All documents and supporting materials related in any manner whatsoever to this Agreement or any designated portion thereoftermination, which are in the possession of TE or any subcontractor or subconsultant shall be made available to METRO for inspection and copying upon written request from METRO. Said documents shall also be made available for inspection and/or copying by any state, federal or other regulatory authority, upon request from METRO. Said records include, but are not limited to, all drawings, plans, specifications, submittals, correspondence, minutes, memoranda, tape recordings, videosdispute, or other writings allegation of fraud or things which document the procurement and/or performance of this Agreement. Said records expressly include those documents reflecting the cost, including all subcontractors’ records and payroll records of TE and subcontractorssimilar fault.