Common use of Market Share Capacity Limit Clause in Contracts

Market Share Capacity Limit. EOHHS may, at its sole discretion, institute a market share capacity limit if more than one (1) Bidder is awarded a Contract. Under this situation, EOHHS may implement a market share limit for any Contractor using the following methodology: • If two (2) Bidders are awarded the Contract, no one (1) Contractor will be assigned more than sixty percent (60%) of the total market share; • If three (3) or more Bidders are awarded the Contract, no one Contractor will be assigned more than fifty percent (50%) of the total market share. EOHHS has the sole authority to determine the total market share and the implementation of a market share capacity limit. In the event that more than one (1) Bidder is awarded a Contract and enrollment with a Contractor exceeds the market share capacity limit, EOHHS may reduce enrollment based on a process and established by EOHHS. The process established by EOHHS will provide the Contractor with sufficient, timely and appropriate notice, allow for enrollee choice, and meet the objectives and goals of the RIte Smiles program. Member choice shall always prevail and shall not be impacted by market share capacity limit.

Appears in 2 contracts

Samples: Agreement for the Medicaid Rite Smiles Program, Medicaid Agreement

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Market Share Capacity Limit. EOHHS may, at its sole discretion, institute a market share capacity limit if more than one one (1) Bidder is awarded a Contract. Under this situation, EOHHS may implement a market share limit for any Contractor using the following methodology: • If two (2) Bidders are awarded the Contract, no one (1) Contractor will be assigned more than sixty percent (60%) of the total market share; • If three (3) or more Bidders are awarded the Contract, no one Contractor will be assigned more than fifty percent (50%) of the total market share. EOHHS has the sole authority to determine the total market share and the implementation of a market share capacity limit. In the event that more than one (1) Bidder is awarded a Contract and enrollment with a Contractor exceeds the market share capacity limit, EOHHS may reduce enrollment based on a process and established by EOHHS. The process established by EOHHS will provide the Contractor with sufficient, timely and appropriate notice, allow for enrollee choice, and meet the objectives and goals of the RIte Smiles program. Member choice shall always prevail and shall not be impacted by market share capacity limit.

Appears in 2 contracts

Samples: Medicaid Rite Smiles Program Agreement, Medicaid Rite Smiles Program Agreement

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