Common use of Medicare Quarterly Reporting Services Clause in Contracts

Medicare Quarterly Reporting Services. A State Fund Responsibilities: (1) State Fund will act as the reporting agent on behalf of CalHR and Departments for the reporting of the required MQR data to CMS under the MMSEA during the Term and will perform related and ancillary services to the extent expressly provided herein (collectively MQR Services), subject to the other provisions of this Agreement. (2) In the event that (a) any provision of MMSEA or other applicable Laws governing MQR are modified or changed or interpreted during the Term of this Agreement, or (b) a conflict exists between applicable federal and state privacy Laws, in a manner that would impose substantial additional burdens or liabilities on State Fund, then the Parties will be required to negotiate in good faith modifications to this Agreement to fairly alleviate such burdens or liabilities. The Parties further agree to consult with each other at least once per year during the Term and as otherwise requested by any of the Parties in order to discuss and evaluate the status of the foregoing and to negotiate any such modifications. In the event that notwithstanding such negotiations the Parties are unable to reach a mutually acceptable agreement on any required modifications under this Section, then notwithstanding any contrary provision hereof and in addition to its other rights, State Fund shall have the unilateral right and option to terminate MQR Services by at least twelve (12) months prior written notice to CalHR (which notice shall be deemed received on its own behalf and on behalf of all Departments). (3) State Fund will exercise its best efforts at all times during the Term to ensure that the reporting and disclosure of the required MQR data to CMS under the MMSEA is done accurately, timely, and in accordance with (i) the rules and guidelines established by CMS (including such data in the form required or permitted by CMS) and (ii) the relevant CMS Data Use Agreements, subject to any reasonably required cooperation by CalHR or any Department.

Medicare Quarterly Reporting Services. A (A) State Fund Responsibilities: (1) State Fund will act as the reporting agent on behalf of CalHR and Departments for the reporting of the required MQR data to CMS under the MMSEA during the Term and will perform related and ancillary services to the extent expressly provided herein (collectively MQR Services), subject to the other provisions of this Agreement. (2) In the event that (a) any provision of MMSEA or other applicable Laws governing MQR are modified or changed or interpreted during the Term of this Agreement, or (b) a conflict exists between applicable federal and state privacy Laws, in a manner that would impose substantial additional burdens or liabilities on State Fund, then the Parties will be required to negotiate in good faith modifications to this Agreement to fairly alleviate such burdens or liabilities. The Parties further agree to consult with each other at least once per year during the Term and as otherwise requested by any of the Parties in order to discuss and evaluate the status of the foregoing and to negotiate any such modifications. In the event that notwithstanding such negotiations the Parties are unable to reach a mutually acceptable agreement on any required modifications under this Section, then notwithstanding any contrary provision hereof and in addition to its other rights, State Fund shall have the unilateral right and option to terminate MQR Services by at least twelve (12) months prior written notice to CalHR (which notice shall be deemed received on its own behalf and on behalf of all Departments). (3) State Fund will exercise its best efforts at all times during the Term to ensure that the reporting and disclosure of the required MQR data to CMS under the MMSEA is done accurately, timely, and in accordance with (ia) the rules and guidelines established by CMS (including such data in the form required or permitted by CMS) and (iib) the relevant CMS Data Use Agreements, subject to any reasonably required cooperation by CalHR or any Department. (B) CalHR and Department Responsibilities: (1) CalHR is and shall be the sole RRE for itself and Departments under or pursuant to the MMSEA and related Laws, and neither State Fund or any affiliate shall be an RRE or similar entity to any extent at any time, whether by virtue of this Agreement or the performance of the MQR Services or otherwise. For the avoidance of doubt, the foregoing shall survive any termination or expiration of this Agreement. (2) CalHR (on its own behalf and on behalf of Departments) shall designate State Fund as the reporting agent for MQR reporting purposes under the MMSEA. (3) CalHR (on its own behalf and on behalf of Departments) shall register with CMS as the RRE and enter into all required CMS Data Use Agreements with CMS and all other obligations required by Law. (4) CalHR and Departments shall fully and promptly cooperate with State Fund Personnel at all times in connection with the collection and processing of the MQR data, the reporting and disclosure to CMS of such data and any other required information, and the handling of any responses or requests or demands or other communications in connection with the MQR data or reporting, whether from CMS or claimants or other third persons, and any other relevant matter under this Agreement.