Common use of Marketing Activities and Marketing Materials Clause in Contracts

Marketing Activities and Marketing Materials. ‌ A. The ACO shall conduct, and shall require its Participant Providers, Preferred Providers, and other individuals or entities performing functions or services related to ACO Activities or Marketing Activities, to conduct Marketing Activities, including Voluntary Alignment Activities, only in accordance with this Article V and, if the ACO has selected to participate in SVA, Appendix C of the Agreement. B. The ACO shall submit to CMS, in a form and manner and by a date specified by CMS, a plan for implementing the Marketing Activities described in the Agreement (“Marketing Plan”). CMS shall use reasonable efforts to approve or reject a Marketing Plan by the Start Date. C. If CMS determines that the ACO’s proposed Marketing Plan does not satisfy the applicable requirements of the Agreement, including the Appendices hereto, or is likely to result in program integrity concerns, CMS may reject (or require the amendment of) the ACO’s Marketing Plan at any time, including after the Start Date. If CMS rejects the ACO’s Marketing Plan, the ACO shall not, and shall require its Participant Providers, Preferred Providers, and other individuals or entities performing functions or services related to ACO Activities or Marketing Activities, not to, conduct Marketing Activities. If CMS determines that any amendments to the ACO’s Marketing Plan described in Section 5.04.E do not satisfy the applicable requirements of the Agreement, including the Appendices hereto, or is likely to result in program integrity concerns, CMS may reject the amendment at any time. If CMS rejects any amendment described in Section 5.04.E, the ACO shall not, and shall require its Participant Providers, Preferred Providers, and other individuals or entities performing functions or services related to ACO Activities or Marketing Activities, not to, implement any material changes to the ACO’s Marketing Plan described in the amendment that has been rejected in writing by CMS. The ACO shall not, and shall require its Participant Providers, Preferred Providers, and other individuals or entities performing functions or services related to ACO Activities or Marketing Activities, not to, conduct Marketing Activities outside the scope of the Marketing Plan including, if applicable, any material changes to the ACO’s Marketing Plan described in a CMS-approved amendment. D. Unless the ACO participated in the Model during the Implementation Period, the ACO shall not conduct, and shall prohibit its Participant Providers, Preferred Providers, and other individuals or entities performing functions or services related to ACO Activities or Marketing Activities, from conducting Marketing Activities before the Start Date, or such other date specified by CMS. E. If the ACO wishes to make any material changes to the ACO’s Marketing Plan, the ACO shall submit to CMS, in a form and manner specified by CMS, an amendment to the Marketing Plan describing the material changes the ACO proposes to make to the ACO’s Marketing Plan. An amendment to the ACO’s Marketing Plan shall be deemed approved 10 business days after submission, unless rejected in writing by CMS. F. In conducting Marketing Activities, the ACO shall not, and shall require its Participant Providers, Preferred Providers, and other individuals or entities performing functions or services related to ACO Activities or Marketing Activities, not to, discriminate or selectively target Beneficiaries based on race, ethnicity, national origin, religion, gender, sex, age, mental or physical disability, health status, receipt of health care, claims experience, medical history, genetic information, evidence of insurability, geographic location, or income. In conducting Marketing Activities, the ACO shall not, and shall require its Participant Providers, Preferred Providers, and other individuals or entities performing functions or services related to ACO Activities or Marketing Activities, not to, conduct communication or Marketing Activities targeted to Beneficiaries enrolled in Medicare Advantage or any other Medicare managed care plan. Additionally, in conducting Marketing Activities, the ACO shall not, and shall require its Participant Providers, Preferred Providers, and other individuals or entities performing functions or services related to ACO Activities or Marketing Activities, not to, conduct communication or activities related to Medicare Advantage or any other Medicare managed care plan targeted to REACH Beneficiaries. G. The ACO shall not and shall require Participant Providers, Preferred Providers, and other individuals or entities performing functions or services related to ACO Activities or Marketing Activities, not to, conduct Marketing Activities outside the ACO Service Area, as defined in Section 5.04.

Marketing Activities and Marketing Materials. ‌ A. The ACO shall conduct, and shall require its Participant Providers, Preferred Providers, and other individuals or entities performing functions or services related to ACO Activities or Marketing Activities, to conduct Marketing Activities, including Voluntary Alignment Activities, only in accordance with this Article V and, if the ACO has selected to participate in SVA, Appendix C of the Agreement. B. The ACO shall submit to CMS, in a form and manner and by a date specified by CMS, a plan for implementing the Marketing Activities described in the Agreement (“Marketing Plan”). CMS shall use reasonable efforts to approve or reject a Marketing Plan by the Start Date. C. If CMS determines that the ACO’s proposed Marketing Plan does not satisfy the applicable requirements of the Agreement, including the Appendices hereto, or is likely to result in program integrity concerns, CMS may reject (or require the amendment of) the ACO’s Marketing Plan at any time, including after the Start Date. If CMS rejects the ACO’s Marketing Plan, the ACO shall not, and shall require its Participant Providers, Preferred Providers, and other individuals or entities performing functions or services related to ACO Activities or Marketing Activities, not to, conduct Marketing Activities. If CMS determines that any amendments to the ACO’s Marketing Plan described in Section 5.04.E do not satisfy the applicable requirements of the Agreement, including the Appendices hereto, or is likely to result in program integrity concerns, CMS may reject the amendment at any time. If CMS rejects any amendment described in Section 5.04.E, the ACO shall not, and shall require its Participant Providers, Preferred Providers, and other individuals or entities performing functions or services related to ACO Activities or Marketing Activities, not to, implement any material changes to the ACO’s Marketing Plan described in the amendment that has been rejected in writing by CMS. The ACO shall not, and shall require its Participant Providers, Preferred Providers, and other individuals or entities performing functions or services related to ACO Activities or Marketing Activities, not to, conduct Marketing Activities outside the scope of the Marketing Plan including, if applicable, any material changes to the ACO’s Marketing Plan described in a CMS-approved amendment. D. Unless the ACO participated in the Model during the Implementation Period, the ACO shall not conduct, and shall prohibit its Participant Providers, Preferred Providers, and other individuals or entities performing functions or services related to ACO Activities or Marketing Activities, from conducting Marketing Activities before the Start Date, or such other date specified by CMS. E. If the ACO wishes to make any material changes to the ACO’s Marketing Plan, the ACO shall submit to CMS, in a form and manner specified by CMS, an amendment to the Marketing Plan describing the material changes the ACO proposes to make to the ACO’s Marketing Plan. An amendment to the ACO’s Marketing Plan shall be deemed approved 10 business days after submission, unless rejected in writing by CMS. F. In conducting Marketing Activities, the ACO shall not, and shall require its Participant Providers, Preferred Providers, and other individuals or entities performing functions or services related to ACO Activities or Marketing Activities, not to, discriminate or selectively target Beneficiaries based on race, ethnicity, national origin, religion, gender, sex, age, mental or physical disability, health status, receipt of health care, claims experience, medical history, genetic information, evidence of insurability, geographic location, or income. In conducting Marketing Activities, the ACO shall not, and shall require its Participant Providers, Preferred Providers, and other individuals or entities performing functions or services related to ACO Activities or Marketing Activities, not to, conduct communication or Marketing Activities targeted to Beneficiaries enrolled in Medicare Advantage or any other Medicare managed care plan. Additionally, beginning in Performance Year 2023, in conducting Marketing Activities, the ACO shall not, and shall require its Participant Providers, Preferred Providers, and other individuals or entities performing functions or services related to ACO Activities or Marketing Activities, not to, conduct communication or activities related to Medicare Advantage or any other Medicare managed care plan targeted to REACH Beneficiaries. G. The ACO shall not and shall require Participant Providers, Preferred Providers, and other individuals or entities performing functions or services related to ACO Activities or Marketing Activities, not to, conduct Marketing Activities outside the ACO Service Area, as defined in Section 5.04.

Marketing Activities and Marketing Materials. ‌ A. The ACO DCE shall conduct, and shall require its DC Participant Providers, Preferred Providers, and other individuals or entities performing functions or services related to ACO DCE Activities or Marketing Activities, to conduct Marketing Activities, including Voluntary Alignment Activities, only in accordance with this Article V and, if the ACO DCE has selected to participate in SVAPaper-Based Voluntary Alignment, Appendix C of the Agreement. B. The ACO DCE shall submit to CMS, in a form and manner and by a date specified by CMS, a plan for implementing the Marketing Activities described in the Agreement (“Marketing Plan”). CMS shall use reasonable efforts to approve or reject a Marketing Plan by the Start Date. C. If CMS determines that the ACODCE’s proposed Marketing Plan does not satisfy the applicable requirements of the Agreement, including the Appendices hereto, or is likely to result in program integrity concerns, CMS may reject (or require the amendment of) the ACODCE’s Marketing Plan at any time, including after the Start Date. If CMS rejects the ACODCE’s Marketing Plan, the ACO DCE shall not, and shall require its DC Participant Providers, Preferred Providers, and other individuals or entities performing functions or services related to ACO DCE Activities or Marketing Activities, not to, conduct Marketing Activities. If CMS determines that any amendments to the ACODCE’s Marketing Plan described in Section 5.04.E do not satisfy the applicable requirements of the Agreement, including the Appendices hereto, or is likely to result in program integrity concerns, CMS may reject the amendment at any time. If CMS rejects any amendment described in Section 5.04.E, the ACO DCE shall not, and shall require its DC Participant Providers, Preferred Providers, and other individuals or entities performing functions or services related to ACO DCE Activities or Marketing Activities, not to, implement any material changes to the ACODCE’s Marketing Plan described in the amendment that has been rejected in writing by CMS. The ACO DCE shall not, and shall require its DC Participant Providers, Preferred Providers, and other individuals or entities performing functions or services related to ACO DCE Activities or Marketing Activities, not to, conduct Marketing Activities outside the scope of the Marketing Plan including, if applicable, any material changes to the ACODCE’s Marketing Plan described in a CMS-approved amendment. D. Unless the ACO DCE participated in the Model during the Implementation Period, the ACO DCE shall not conduct, and shall prohibit its DC Participant Providers, Preferred Providers, and other individuals or entities performing functions or services related to ACO DCE Activities or Marketing Activities, from conducting Marketing Activities before the Start Date, or such other date specified by CMS. E. If the ACO DCE wishes to make any material changes to the ACODCE’s Marketing Plan, the ACO DCE shall submit to CMS, in a form and manner specified by CMS, an amendment to the Marketing Plan describing the material changes the ACO DCE proposes to make to the ACODCE’s Marketing Plan. An amendment to the ACODCE’s Marketing Plan shall be deemed approved 10 business days after submission, unless rejected in writing by CMS. F. In conducting Marketing Activities, the ACO DCE shall not, and shall require its DC Participant Providers, Preferred Providers, and other individuals or entities performing functions or services related to ACO DCE Activities or Marketing Activities, not to, discriminate or selectively target Beneficiaries based on race, ethnicity, national origin, religion, gender, sex, age, mental or physical disability, health status, receipt of health care, claims experience, medical history, genetic information, evidence of insurability, geographic location, or income. In conducting Marketing Activities, the ACO DCE shall not, and shall require its DC Participant Providers, Preferred Providers, and other individuals or entities performing functions or services related to ACO DCE Activities or Marketing Activities, not to, conduct communication or Marketing Activities targeted to Beneficiaries enrolled in Medicare Advantage or any other Medicare managed care plan. Additionally, in conducting Marketing Activities, the ACO . G. The DCE shall not, not and shall require its DC Participant Providers, Preferred Providers, and other individuals or entities performing functions or services related to ACO Activities or Marketing Activities, not to, conduct communication or activities related to Medicare Advantage or any other Medicare managed care plan targeted to REACH Beneficiaries. G. The ACO shall not and shall require Participant Providers, Preferred Providers, and other individuals or entities performing functions or services related to ACO DCE Activities or Marketing Activities, not to, conduct Marketing Activities outside the ACO DCE Service Area, as defined in Section 5.04.

Marketing Activities and Marketing Materials. ‌ A. The ACO DCE shall conduct, and shall require its DC Participant Providers, Preferred Providers, and other individuals or entities performing functions or services related to ACO DCE Activities or Marketing Activities, to conduct Marketing Activities, including Voluntary Alignment Activities, only in accordance with this Article V and, if the ACO DCE has selected to participate in SVAPaper-Based Voluntary Alignment, Appendix C of the Agreement. B. The ACO DCE shall submit to CMS, in a form and manner and by a date specified by CMS, a plan for implementing the Marketing Activities described in the Agreement (“Marketing Plan”). CMS shall use reasonable efforts to approve or reject a Marketing Plan by the Start Date. C. If CMS determines that the ACO’s DCE's proposed Marketing Plan Plan, including any amendments described in Section 5.04.E, does not satisfy the applicable requirements of the Agreement, including the Appendices hereto, or is likely to result in program integrity concerns, CMS may reject (or require the amendment of) the ACO’s DCE's Marketing Plan at any time, including after the Start Date. If CMS rejects the ACO’s DCE's Marketing Plan, the ACO DCE shall not, and shall require its DC Participant Providers, Preferred Providers, and other individuals or entities performing functions or services related to ACO DCE Activities or Marketing Activities, not to, conduct Marketing Activities. If CMS determines that Activities or, if applicable, or any amendments material changes to the ACO’s DCE's Marketing Plan described in Section 5.04.E do not satisfy the applicable requirements of the Agreement, including the Appendices hereto, or is likely to result in program integrity concerns, CMS may reject the amendment at any time. If CMS rejects any an amendment described in Section 5.04.E, the ACO 5.04.E that has been rejected in writing by CMS. The DCE shall not, and shall require its DC Participant Providers, Preferred Providers, and other individuals or entities performing functions or services related to ACO Activities or Marketing Activities, not to, implement any material changes to the ACO’s Marketing Plan described in the amendment that has been rejected in writing by CMS. The ACO shall not, and shall require its Participant Providers, Preferred Providers, and other individuals or entities performing functions or services related to ACO DCE Activities or Marketing Activities, not to, conduct Marketing Activities outside the scope of the Marketing Plan includingor, if applicable, any material changes to the ACO’s DCE's Marketing Plan described in a CMS-approved an amendment. D. Unless the ACO DCE participated in the Model during the Implementation Period, the ACO DCE shall not conduct, and shall prohibit its DC Participant Providers, Preferred Providers, and other individuals or entities performing functions or services related to ACO DCE Activities or Marketing Activities, from conducting Marketing Activities before the Start Date, or such other date specified by CMS. E. If the ACO DCE wishes to make any material changes to the ACO’s DCE's Marketing Plan, the ACO DCE shall submit to CMS, in a form and manner specified by CMS, an amendment to the Marketing Plan describing the material changes the ACO DCE proposes to make to the ACO’s DCE's Marketing Plan. An amendment to the ACO’s DCE's Marketing Plan shall be deemed approved within 10 business days after submission, unless rejected in writing by CMS. F. In conducting Marketing Activities, the ACO DCE shall not, and shall require its DC Participant Providers, Preferred Providers, and other individuals or entities performing functions or services related to ACO DCE Activities or Marketing Activities, not to, discriminate or selectively target Beneficiaries based on race, ethnicity, national origin, religion, gender, sex, age, mental or physical disability, health status, receipt of health care, claims experience, medical history, genetic information, evidence of insurability, geographic location, or income. In conducting Marketing Activities, the ACO DCE shall not, and shall require its DC Participant Providers, Preferred Providers, and other individuals or entities performing functions or services related to ACO DCE Activities or Marketing Activities, not to, conduct communication or Marketing Activities targeted to Beneficiaries enrolled in Medicare Advantage or any other Medicare managed care plan. Additionally, in conducting Marketing Activities, the ACO . G. The DCE shall not, not and shall require its DC Participant Providers, Preferred Providers, and other individuals or entities performing functions or services related to ACO Activities or Marketing Activities, not to, conduct communication or activities related to Medicare Advantage or any other Medicare managed care plan targeted to REACH Beneficiaries. G. The ACO shall not and shall require Participant Providers, Preferred Providers, and other individuals or entities performing functions or services related to ACO DCE Activities or Marketing Activities, not to, conduct Marketing Activities outside the ACO DCE Service Area, as defined in Section 5.04.

Marketing Activities and Marketing Materials. ‌ A. The ACO shall conduct, and shall require its Participant Providers, Preferred Providers, and other individuals or entities performing functions or services related to ACO Activities or Marketing Activities, to conduct Marketing Activities, including Voluntary Alignment Activities, only in accordance with this Article V and, if the ACO has selected to participate in SVA, Appendix C of the Agreement. B. The ACO shall submit to CMS, in a form and manner and by a date specified by CMS, a plan for implementing the Marketing Activities described in the Agreement (“Marketing Plan”). CMS shall use reasonable efforts to approve or reject a Marketing Plan by the Start Date. C. If CMS determines that the ACO’s proposed Marketing Plan does not satisfy the applicable requirements of the Agreement, including the Appendices hereto, or is likely to result in program integrity concerns, CMS may reject (or require the amendment of) the ACO’s Marketing Plan at any time, including after the Start Date. If CMS rejects the ACO’s Marketing Plan, the ACO shall not, and shall require its Participant Providers, Preferred Providers, and other individuals or entities performing functions or services related to ACO Activities or Marketing Activities, not to, conduct Marketing Activities. If CMS determines that any amendments to the ACO’s Marketing Plan described in Section 5.04.E do not satisfy the applicable requirements of the Agreement, including the Appendices hereto, or is likely to result in program integrity concerns, CMS may reject the amendment at any time. If CMS rejects any amendment described in Section 5.04.E, the ACO shall not, and shall require its Participant Providers, Preferred Providers, and other individuals or entities performing functions or services related to ACO Activities or Marketing Activities, not to, implement any material changes to the ACO’s Marketing Plan described in the amendment that has been rejected in writing by CMS. The ACO shall not, and shall require its Participant Providers, Preferred Providers, and other individuals or entities performing functions or services related to ACO Activities or Marketing Activities, not to, conduct Marketing Activities outside the scope of the Marketing Plan including, if applicable, any material changes to the ACO’s Marketing Plan described in a CMS-approved amendment. D. Unless the ACO participated in the Model during the Implementation Period, the ACO shall not conduct, and shall prohibit its Participant Providers, Preferred Providers, and other individuals or entities performing functions or services related to ACO Activities or Marketing Activities, from conducting Marketing Activities before the Start Date, or such other date specified by CMS. E. If the ACO wishes to make any material changes to the ACO’s Marketing Plan, the ACO shall submit to CMS, in a form and manner specified by CMS, an amendment to the Marketing Plan describing the material changes the ACO proposes to make to the ACO’s Marketing Plan. An amendment to the ACO’s Marketing Plan shall be deemed approved 10 business days after submission, unless rejected in writing by CMS. F. In conducting Marketing Activities, the ACO shall not, and shall require its Participant Providers, Preferred Providers, and other individuals or entities performing functions or services related to ACO Activities or Marketing Activities, not to, discriminate or selectively target Beneficiaries based on race, ethnicity, national origin, religion, gender, sex, age, mental or physical disability, health status, receipt of health care, claims experience, medical history, genetic information, evidence of insurability, geographic location, or income. In conducting Marketing Activities, the ACO shall not, and shall require its Participant Providers, Preferred Providers, and other individuals or entities performing functions or services related to ACO Activities or Marketing Activities, not to, conduct communication or Marketing Activities targeted to Beneficiaries enrolled in Medicare Advantage or any other Medicare managed care plan. Additionally, beginning in Performance Year 2023, in conducting Marketing Activities, the ACO shall not, and shall require its Participant Providers, Preferred Providers, and other individuals or entities performing functions or services related to ACO Activities or Marketing Activities, not to, conduct communication or activities related to Medicare Advantage or any other Medicare managed care plan targeted to REACH Beneficiaries. G. The ACO shall not and shall require Participant Providers, Preferred Providers, and other individuals or entities performing functions or services related to ACO Activities or Marketing Activities, not to, conduct Marketing Activities outside the ACO Service Area, as defined in Section 5.04.