Common use of Prohibited Affiliations Clause in Contracts

Prohibited Affiliations. A. The Contractor shall not knowingly have any prohibited type of relationship with the following: 1) An individual or entity that is debarred, suspended, or otherwise excluded from participating in procurement activities under the Federal Acquisition Regulation or from participating in non- procurement activities under regulations issued under Executive Order No. 12549 or under guidelines implementing Executive Order No. 12549. (42 C.F.R. § 438.610(a)(1).) 2) An individual or entity who is an affiliate, as defined in the Federal Acquisition Regulation at 48 CFR 2.101, of a person described in this section. (42 C.F.R. § 438.610(a)(2).) B. The Contractor shall not have a prohibited type of relationship by employing or contracting with providers or other individuals and entities excluded from participation in federal health care programs (as defined in section 1128B(f) of the Social Security Act) under either Section 1128, 1128A, 1156, or 1842(j)(2) of the Social Security Act. (42 C.F.R. §§ 438.214(d)(1), 438.610(b); 42 U.S.C. § 1320c-5.) C. The Contractor shall not have types of relationships prohibited by this section with an excluded, debarred, or suspended individual, provider, or entity as follows: 1) A director, officer, agent, managing employee, or partner of the Contractor. (42 U.S.C. § 1320a-7(b)(8)(A)(ii); 42 C.F.R. § 438.610(c)(1).) 2) A subcontractor of the Contractor, as governed by 42 C.F.R. § 438.230. (42 C.F.R. § 438.610(c)(2).) 3) A person with beneficial ownership of 5 percent or more of the Contractor’s equity. (42 C.F.R. § 438.610(c)(3).) 4) An individual convicted of crimes described in section 1128(b)(8)(B) of the Act. (42 C.F.R. § 438.808(b)(2).) 5) A network provider or person with an employment, consulting, or other arrangement with the Contractor for the provision of items and services that are significant and material to the Contractor’s obligations under this Contract. (42 C.F.R. § 438.610(c)(4).) 6) The Contractor shall not employ or contract with, directly or indirectly, such individuals or entities for the furnishing of health care, utilization review, medical social work, administrative services, management, or provision of medical services (or the establishment of policies or provision of operational support for such services). (42 C.F.R. § 438.808(b)(3).) D. The Contractor shall provide to the Department written disclosure of any prohibited affiliation identified by the Contractor or its subcontractors. (42 C.F.R. §438.608(c)(1).)

Prohibited Affiliations. A. The Contractor shall not knowingly have any prohibited type of relationship with the following: 1) An individual or entity that is debarred, suspended, or otherwise excluded from participating in procurement activities under the Federal Acquisition Regulation or from participating in non- procurement activities under regulations issued under Executive Order No. 12549 or under guidelines implementing Executive Order No. 12549. (42 C.F.R. § 438.610(a)(1).) 2) An individual or entity who is an affiliate, as defined in the Federal Acquisition Regulation at 48 CFR C.F.R. 2.101, of a person described in this section. (42 C.F.R. § 438.610(a)(2).) B. The Contractor shall not have a prohibited type of relationship by employing or contracting with providers or other individuals and entities excluded from participation in federal health care programs (as defined in section 1128B(f) of the Social Security Act) under either Section 11281128 (42 U.S.C. 1320a-7), 1128A1128A (42 U.S.C. 1320a-7a), 11561156 (42 U.S.C. 1320c-5), or 1842(j)(2) (42 U.S.C. § 1395u(j)(2)) of the Social Security Act. (42 C.F.R. §§ 438.214(d)(1), 438.610(b); 42 U.S.C. § 1320c-5.) C. The Contractor shall not have types of relationships prohibited by this section with an excluded, debarred, or suspended individual, provider, or entity as follows: 1) A director, officer, agent, managing employee, or partner of the Contractor. (42 U.S.C. § 1320a-7(b)(8)(A)(ii); 42 C.F.R. § 438.610(c)(1).) 2) A subcontractor of the Contractor, as governed by 42 C.F.R. § 438.230. (42 C.F.R. § 438.610(c)(2).) 3) A person with beneficial ownership of 5 percent or more of the Contractor’s equity. (42 C.F.R. § 438.610(c)(3).) 4) An individual convicted of crimes described in section 1128(b)(8)(B) of the Act. (42 C.F.R. § 438.808(b)(2).) 5) A network provider or person with an employment, consulting, or other arrangement with the Contractor for the provision of items and services that are significant and material to the Contractor’s obligations under this Contract. (42 C.F.R. § 438.610(c)(4).) 6) The Contractor shall not employ or contract with, directly or indirectly, such individuals or entities for the furnishing of health care, utilization review, medical social work, administrative services, management, or provision of medical services (or the establishment of policies or provision of operational support for such services). (42 C.F.R. § 438.808(b)(3).) D. The Contractor shall provide to the Department written disclosure of any prohibited affiliation identified by the Contractor or its subcontractors. (42 C.F.R. §438.608(c)(1).)

Prohibited Affiliations. A. The Contractor shall not knowingly have any prohibited type of relationship with the following: 1) . An individual or entity that is debarred, suspended, or otherwise excluded from participating in procurement activities under the Federal Acquisition Regulation or from participating in non- non-procurement activities under regulations issued under Executive Order No. 12549 or under guidelines implementing Executive Order No. 12549. (12549 [42 C.F.R. § 438.610(a)(1)].) 2) . An individual or entity who is an affiliate, as defined in the Federal Acquisition Regulation at 48 CFR 2.101, of a person described in this section. (section [42 C.F.R. § 438.610(a)(2)].) B. The Contractor shall not have a prohibited type of relationship by employing or contracting with providers or other individuals and entities excluded from participation in federal Federal health care programs (as defined in section 1128B(f) of the Social Security Act) under either Section 1128, 1128A, 1156, or 1842(j)(2) of the Social Security Act. (Act [42 C.F.R. §§ 438.214(d)(1), 438.610(b); 42 U.S.C. § 1320c-5].) C. The Contractor shall not have any types of relationships prohibited by this section with an excluded, debarred, or suspended individual, provider, or entity as follows: 1) . A director, officer, agent, managing employee, or partner of the Contractor. (Contractor [42 U.S.C. § 1320a-7(b)(8)(A)(ii); 42 C.F.R. § 438.610(c)(1)].) 2) . A subcontractor of the Contractor, as governed by 42 C.F.R. § 438.230. ([42 C.F.R. § 438.610(c)(2)].) 3) . A person with beneficial ownership of 5 percent (5%) or more of the Contractor’s equity. equity [(42 C.F.R. § 438.610(c)(3)].) 4) . An individual convicted of crimes described in section 1128(b)(8)(B) of the Act. (Act [42 C.F.R. § 438.808(b)(2)].) 5) . A network provider or person with an employment, consulting, or other arrangement with the Contractor for the provision of items and services that are significant and material to the Contractor’s obligations under this Contract. (Contract [42 C.F.R. § 438.610(c)(4)].) 6) The . Contractor shall not employ or contract with, directly or indirectly, such individuals or entities for the furnishing of health care, utilization review, medical social work, administrative services, management, or provision of medical services (services, or the establishment of policies or provision of operational support for such services). (services [42 C.F.R. § 438.808(b)(3)].) D. The Conflict of Interest 1. Contractor shall provide comply with the conflict of interest safeguards described in 42 Code of Federal Regulations part 438.58 and the prohibitions described in section 1902(a)(4)(C) of the Act [42 C.F.R. § 438.3(f)(2)]. 2. Contractor shall not utilize in the performance of this Contract any County officer or employee or other appointed County official unless the employment, activity, or enterprise is required as a condition of the officer’s or employee’s regular County employment [Pub. Con. Code § 10410; 42 C.F.R. § 438.3(f)(2)]. a. Contractor shall submit documentation to the Department written disclosure County of any prohibited affiliation identified by the Contractor or its subcontractors. (42 C.F.R. §438.608(c)(1)current and former County employees who may present a conflict of interest.)

Prohibited Affiliations. A. The Contractor shall not knowingly have any prohibited type of relationship with the following: 1) An individual or entity that is debarred, suspended, or otherwise excluded from participating in procurement activities under the Federal Acquisition Regulation or from participating in non- procurement activities under regulations issued under Executive Order No. 12549 or under guidelines implementing Executive Order No. 12549. (42 C.F.R. § 438.610(a)(1).) 2) An individual or entity who is an affiliate, as defined in the Federal Acquisition Regulation at 48 CFR C.F.R. 2.101, of a person described in this section. (42 C.F.R. § 438.610(a)(2).) B. The Contractor shall not have a prohibited type of relationship by employing or contracting with providers or other individuals and entities excluded from participation in federal health care programs (as defined in section 1128B(f) of the Social Security Act) under either Section 11281128 (42 U.S.C. 1320a-7), 1128A1128A (42 U.S.C. 1320a-7a), 11561156 (42 U.S.C. 1320c-5), or 1842(j)(2) (42 U.S.C. § 1395u(j)(2)) of the Social Security Act. (42 C.F.R. §§ 438.214(d)(1), 438.610(b); 42 U.S.C. § 1320c-5.) C. The Contractor shall not have types of relationships prohibited by this section with an excluded, debarred, or suspended individual, provider, or entity as follows: 1) A director, officer, agent, managing employee, or partner of the Contractor. (42 U.S.C. § 1320a-7(b)(8)(A)(ii); 42 C.F.R. § 438.610(c)(1).) 2) A subcontractor of the Contractor, as governed by 42 C.F.R. § 438.230. (42 C.F.R. § 438.610(c)(2).) 3) A person with beneficial ownership of 5 percent or more of the Contractor’s equity. (42 C.F.R. § 438.610(c)(3).) 4) An individual convicted of crimes described in section 1128(b)(8)(B) of the Act. (42 C.F.R. § 438.808(b)(2).) 5) A network provider or person with an employment, consulting, or other arrangement with the Contractor for the provision of items and services that are significant and material to the Contractor’s obligations under this Contract. (42 C.F.R. § 438.610(c)(4).) 6) The Contractor shall not employ or contract with, directly or indirectly, such individuals or entities for the furnishing of health care, utilization review, medical social work, administrative services, management, or provision of medical services (or the establishment of policies or provision of operational support for such services). (42 C.F.R. § 438.808(b)(3).) D. The Contractor shall provide to the Department written disclosure of any prohibited affiliation identified by the Contractor or its subcontractors. (42 C.F.R. §438.608(c)(1).)

Prohibited Affiliations. A. The Contractor shall not knowingly have any prohibited type of relationship with the following: 1) . An individual or entity that is debarred, suspended, or otherwise excluded from participating in procurement activities under the Federal Acquisition Regulation or from participating in non- non-procurement activities under regulations issued under Executive Order No. 12549 or under guidelines implementing Executive Order No. 12549. (12549 [42 C.F.R. § 438.610(a)(1)].) 2) . An individual or entity who is an affiliate, as defined in the Federal Acquisition Regulation at 48 CFR 2.101, of a person described in this section. (section [42 C.F.R. § 438.610(a)(2)].) B. The Contractor shall not have a prohibited type of relationship by employing or contracting with providers or other individuals and entities excluded from participation in federal Federal health care programs (as defined in section 1128B(f) of the Social Security Act) under either Section 1128, 1128A, 1156, or 1842(j)(2) of the Social Security Act. (Act [42 C.F.R. §§ 438.214(d)(1), 438.610(b); 42 U.S.C. § 1320c-5].) C. The Contractor shall not have any types of relationships prohibited by this section with an excluded, debarred, or suspended individual, provider, or entity as follows: 1) . A director, officer, agent, managing employee, or partner of the Contractor. (Contractor [42 U.S.C. § 1320a-7(b)(8)(A)(ii); 42 C.F.R. § 438.610(c)(1)].) 2) . A subcontractor of the Contractor, as governed by 42 C.F.R. § 438.230. ([42 C.F.R. § 438.610(c)(2)].) 3) . A person with beneficial ownership of 5 percent (5%) or more of the Contractor’s equity. equity [(42 C.F.R. § 438.610(c)(3)].) 4) . An individual convicted of crimes described in section 1128(b)(8)(B) of the Act. (Act [42 C.F.R. § 438.808(b)(2)].) 5) . A network provider or person with an employment, consulting, or other arrangement with the Contractor for the provision of items and services that are significant and material to the Contractor’s obligations under this Contract. (Contract [42 C.F.R. § 438.610(c)(4)].) 6) The . Contractor shall not employ or contract with, directly or indirectly, such individuals or entities for the furnishing of health care, utilization review, medical social work, administrative services, management, or provision of medical services (services, or the establishment of policies or provision of operational support for such services). (services [42 C.F.R. § 438.808(b)(3)].) D. The Non-compliance with this section of the contract by the Contractor requires DBH evaluate the current contract and may affect renewals or extensions. E. Contractor shall provide to the Department County with written disclosure of any prohibited affiliation identified under this section of the contract by the Contractor or any of its subcontractors. F. Conflict of Interest 1. (Contractor shall comply with the conflict of interest safeguards described in 42 Code of Federal Regulations part 438.58 and the prohibitions described in section 1902(a)(4)(C) of the Act [42 C.F.R. §438.608(c)(1§ 438.3(f)(2)]. 2. Contractor shall not utilize in the performance of this Contract any County officer or employee or other appointed County official unless the employment, activity, or enterprise is required as a condition of the officer’s or employee’s regular County employment [Pub. Con. Code § 10410; 42 C.F.R. § 438.3(f)(2)]. a. Contractor shall submit documentation to the County of current and former County employees who may present a conflict of interest.

Prohibited Affiliations. A. The Contractor shall not knowingly have any prohibited type of relationship with the following: 1) . An individual or entity that is debarred, suspended, or otherwise excluded from participating in procurement activities under the Federal Acquisition Regulation or from participating in non- procurement activities under regulations issued under Executive Order No. 12549 or under guidelines implementing Executive Order No. 12549. (12549 [42 C.F.R. § 438.610(a)(1)].) 2) . An individual or entity who is an affiliate, as defined in the Federal Acquisition Regulation at 48 CFR 2.101, of a person described in this section. (section [42 C.F.R. § 438.610(a)(2)].) B. The Contractor shall not have a prohibited type of relationship by employing or contracting with providers or other individuals and entities excluded from participation in federal Federal health care programs (as defined in section 1128B(f) of the Social Security Act) under either Section 1128, 1128A, 1156, or 1842(j)(2) of the Social Security Act. (Act [42 C.F.R. §§ 438.214(d)(1), 438.610(b); 42 U.S.C. § 1320c-5].) C. The Contractor shall not have any types of relationships prohibited by this section with an excluded, debarred, or suspended individual, provider, or entity as follows: 1) . A director, officer, agent, managing employee, or partner of the Contractor. (Contractor [42 U.S.C. § 1320a-7(b)(8)(A)(ii1320a- 7(b)(8)(A)(ii); 42 C.F.R. § 438.610(c)(1)].) 2) . A subcontractor of the Contractor, as governed by 42 C.F.R. § 438.230. ([42 C.F.R. § 438.610(c)(2)].) 3) . A person with beneficial ownership of 5 percent (5%) or more of the Contractor’s equity. equity [(42 C.F.R. § 438.610(c)(3)].) 4) . An individual convicted of crimes described in section 1128(b)(8)(B) of the Act. (Act [42 C.F.R. § 438.808(b)(2)].) 5) . A network provider or person with an employment, consulting, or other arrangement with the Contractor for the provision of items and services that are significant and material to the Contractor’s obligations under this Contract. (Contract [42 C.F.R. § 438.610(c)(4)].) 6) The . Contractor shall not employ or contract with, directly or indirectly, such individuals or entities for the furnishing of health care, utilization review, medical social work, administrative services, management, or provision of medical services (services, or the establishment of policies or provision of operational support for such services). (services [42 C.F.R. § 438.808(b)(3)].) D. The Conflict of Interest 1. Contractor shall provide comply with the conflict of interest safeguards described in 42 Code of Federal Regulations part 438.58 and the prohibitions described in section 1902(a)(4)(C) of the Act [42 C.F.R. § 438.3(f)(2)]. 2. Contractor shall not utilize in the performance of this Contract any County officer or employee or other appointed County official unless the employment, activity, or enterprise is required as a condition of the officer’s or employee’s regular County employment [Pub. Con. Code § 10410; 42 C.F.R. § 438.3(f)(2)]. a. Contractor shall submit documentation to the Department written disclosure County of any prohibited affiliation identified by the Contractor or its subcontractors. (42 C.F.R. §438.608(c)(1)current and former County employees who may present a conflict of interest.)

Prohibited Affiliations. A. The Contractor shall not knowingly have any prohibited type of relationship with the following: 1) An individual or entity that is debarred, suspended, or otherwise excluded from participating in procurement activities under the Federal Acquisition Regulation or from participating in non- procurement activities under regulations issued under Executive Order No. 12549 or under guidelines implementing Executive Order No. 12549. (42 C.F.R. § 438.610(a)(1).) 2) An individual or entity who is an affiliate, as defined in the Federal Acquisition Regulation at 48 CFR 2.101, of a person described in this section. (42 C.F.R. § 438.610(a)(2).) B. The Contractor shall not have a prohibited type of relationship by employing or contracting with providers or other individuals and entities excluded from participation in federal health care programs (as defined in section 1128B(f) of the Social Security Act) under either Section 1128, 1128A, 1156, or 1842(j)(2) of the Social Security Act. (42 C.F.R. §§ 438.214(d)(1), 438.610(b); 42 U.S.C. § 1320c-5.) C. The Contractor shall not have types of relationships prohibited by this section with an excluded, debarred, or suspended individual, provider, or entity as follows: 1) A director, officer, agent, managing employee, or partner of the Contractor. (42 U.S.C. § 1320a-7(b)(8)(A)(ii); 42 C.F.R. § 438.610(c)(1).)) Exhibit A – Attachment 1 ORGANIZATION AND ADMINISTRATION‌ 2) A subcontractor of the Contractor, as governed by 42 C.F.R. § 438.230. (42 C.F.R. § 438.610(c)(2).) 3) A person with beneficial ownership of 5 percent or more of the Contractor’s equity. (42 C.F.R. § 438.610(c)(3).) 4) An individual convicted of crimes described in section 1128(b)(8)(B) of the Act. (42 C.F.R. § 438.808(b)(2).) 5) A network provider or person with an employment, consulting, or other arrangement with the Contractor for the provision of items and services that are significant and material to the Contractor’s obligations under this Contract. (42 C.F.R. § 438.610(c)(4).)438.610(c)(4).)‌‌ 6) The Contractor shall not employ or contract with, directly or indirectly, such individuals or entities for the furnishing of health care, utilization review, medical social work, administrative services, management, or provision of medical services (or the establishment of policies or provision of operational support for such services). (42 C.F.R. § 438.808(b)(3).) D. The Contractor shall provide to the Department written disclosure of any prohibited affiliation identified by the Contractor or its subcontractors. (42 C.F.R. §438.608(c)(1).)

Prohibited Affiliations. A. The 1. Contractor shall not knowingly have any prohibited type of relationship with the following: 1) i. An individual or entity that is debarred, suspended, or otherwise excluded from participating in procurement activities under the Federal Acquisition Regulation or from participating in non- non-procurement activities under regulations issued under Executive Order No. 12549 or under guidelines implementing Executive Order No. 12549. (42 C.F.R. § 438.610(a)(1).) 2) ii. An individual or entity who is an affiliate, as defined in the Federal Acquisition Regulation at 48 CFR C.F.R. Section 2.101, of a person described in this section. (42 C.F.R. § 438.610(a)(2).) B. 2. The Contractor shall not have a prohibited type of relationship by employing or contracting with providers or other individuals and entities excluded from participation in federal any Federal health care programs program (as defined in section Section 1128B(f) of the Social Security Act) under either Section 11281128 (42 U.S.C. § 1320a-7), 1128A1128A (42 U.S.C. § 1320a-7a), 11561156 (42 U.S.C. 1320c-5), or 1842(j)(2) (42 U.S.C. § 1395u(j)(2)) of the Social Security Act. (42 C.F.R. §§ 438.214(d)(1), 438.610(b); 42 U.S.C. § 1320c-5.) C. 3. The Contractor shall not have the types of relationships prohibited by Subsection A (Prohibited Affiliations) of this section Section 37 (Mandatory Disclosure) with an excluded, debarred, or suspended individual, provider, or entity as follows: 1) i. A director, officer, agent, managing employee, or partner of the Contractor. (42 U.S.C. § 1320a-7(b)(8)(A)(ii); 42 C.F.R. § 438.610(c)(1).) 2) ii. A subcontractor of the Contractor, as governed by 42 C.F.R. § 438.230. (42 C.F.R. § 438.610(c)(2).) 3) iii. A person with beneficial ownership of 5 five (5) percent or more of the Contractor’s 's equity. (42 C.F.R. § 438.610(c)(3).) 4) iv. An individual convicted of crimes described in section Section 1128(b)(8)(B) of the Social Security Act. (42 C.F.R. § 438.808(b)(2).) 5) v. A network provider or person with an employment, consulting, or other arrangement with the Contractor for the provision of items and services that are significant and material to the Contractor’s 's obligations under this ContractAgreement. (42 C.F.R. § 438.610(c)(4).) 6) vi. The Contractor shall not employ or contract with, directly or indirectly, such individuals or entities for the furnishing of health care, utilization review, medical social work, administrative services, management, or provision of medical services (or the establishment of policies or provision of operational support for such services). (42 C.F.R. § 438.808(b)(3).) D. The Contractor shall provide to the Department written disclosure of any prohibited affiliation identified by the Contractor or its subcontractors. (42 C.F.R. §438.608(c)(1).)