Prompt Pay Requirements. 30.1 If a contractor withholds payment of an undisputed amount to its subcontractor, the Agency, at its option and in its sole discretion, may take one or more of the following actions:
30.1.1 Not process further payments to the contractor until payment to the subcontractor is verified
30.1.1 Suspend all or some of the contract work without affecting the completion date(s) for the contract work;
30.1.2 Pay or cause payment of the undisputed amount to the subcontractor from monies otherwise due or that may become due;
30.1.3 Place a payment for an undisputed amount in an interest-bearing escrow account; or
30.1.4 Take other or further actions as appropriate to resolve the withheld payment.
30.2 An “undisputed amount” means an amount owed by a contractor to a subcontractor for which there is no good faith dispute. Such “undisputed amounts” include (a) retainage which had been withheld and is, by the terms of the agreement between the contractor and subcontractor, due to be distributed to the subcontractor and (b) an amount withheld because of issues arising out of an agreement or occurrence unrelated to the agreement under which the amount is withheld.
30.3 An act, failure to act, or decision of a procurement officer or a representative of the Agency, concerning a withheld payment between a contractor and subcontractor under this policy directive, may not:
30.3.1 Affect the rights of the contracting parties under any other provision of law;
30.3.2 Be used as evidence on the merits of a dispute between the Agency and the contractor in any other proceeding; or
30.3.3 Result in liability against or prejudice the rights of the Agency.
30.4 The remedies enumerated above are in addition to those provided under COMAR 21.11.
Prompt Pay Requirements. 27.1 If the Contractor withholds payment of an undisputed amount to its subcontractor, the County, at its option and in its sole discretion, may take one or more of the following actions:
(a) Not process further payments to the Contractor until payment to the subcontractor is verified;
(b) Suspend all or some of the Contract work without affecting the completion date(s) for the Contract work;
(c) Pay or cause payment of the undisputed amount to the subcontractor from monies otherwise due or that may become due to the Contractor;
(d) Place a payment for an undisputed amount in an interest-bearing escrow account; or
(e) Take other or further actions as appropriate to resolve the withheld payment.
27.2 An “undisputed amount” means an amount owed by the Contractor to a subcontractor for which there is no good faith dispute. Such “undisputed amounts” include, without limitation: (a) retainage which had been withheld and is, by the terms of the agreement between the Contractor and subcontractor, due to be distributed to the subcontractor; and (b) an amount withheld because of issues arising out of an agreement or occurrence unrelated to the agreement under which the amount is withheld.
27.3 An act, failure to act, or decision of a Procurement Officer or a representative of the County concerning a withheld payment between the Contractor and a subcontractor under this Section 27, may not:
(a) Affect the rights of the contracting parties under any other provision of law;
(b) Be used as evidence on the merits of a dispute between the County and the Contractor in any other proceeding; or
(c) Result in liability against or prejudice the rights of the County.
Prompt Pay Requirements. In accordance with 42 CFR 447.46, MCPs must pay 90% of all submitted clean claims within 30 days of the date of receipt and 99% of such claims within 90 days of the date of receipt, unless the MCP and its contracted provider(s) have established an alternative payment schedule that is mutually agreed upon and described in their contract. The prompt pay requirement applies to the processing of both electronic and paper claims for contracting and non-contracting providers by the MCP and delegated claims processing entities. The date of receipt is the date the MCP receives the claim, as indicated by its date stamp on the claim. The date of payment is the date of the check or date of electronic payment transmission. A claim means a xxxx from a provider for health care services that is assigned a unique identifier. A claim does not include an encounter form. A “claim” can include any of the following: (1) a xxxx for services; (2) a line item of services; or (3) all services for one recipient within a xxxx. A “clean claim” is a claim that can be processed without obtaining additional information from the provider of a service or from a third party. Clean claims do not include payments made to a provider of service or a third party where the timing of payment is not directly related to submission of a completed claim by the provider of service or third party (e.g., capitation). A clean claim also does not include a claim from a provider who is under investigation for fraud or abuse, or a claim under review for medical necessity. Penalty for noncompliance: Noncompliance with prompt pay requirements will result in progressive penalties to be assessed on a quarterly basis, as outlined in Appendix N of the Provider Agreement.
Prompt Pay Requirements i. If the Contractor withholds payment of an undisputed amount to its subcontractor, the Department, at its option and in its sole discretion, may take one or more of the following actions:
a) Not process further payments to the Contractor until payment to the subcontractor is verified;
b) Suspend all or some of the Contract work without affecting the completion date(s) for the Contract work;
c) Pay or cause payment of the undisputed amount to the subcontractor from monies otherwise due or that may become due to the Contractor;
d) Place a payment for an undisputed amount in an interest-bearing escrow account; or
e) Take other or further actions as appropriate to resolve the withheld payment.
ii. An “undisputed amount” means an amount owed by the Contractor to a subcontractor for which there is no good faith dispute. Such “undisputed amounts” include, without limitation: (a) retainage which had been withheld and is, by the terms of the agreement between the Contractor and subcontractor, due to be distributed to the subcontractor; and (b) an amount withheld because of issues arising out of an agreement or occurrence unrelated to the agreement under which the amount is withheld.
iii. An act, failure to act, or decision of a Procurement Officer or a representative of the Department concerning a withheld payment between the Contractor and a subcontractor under this section 31, may not:
a) Affect the rights of the contracting parties under any other provision of law;
b) Be used as evidence on the merits of a dispute between the Department and the Contractor in any other proceeding; or
c) Result in liability against or prejudice the rights of the Department.
iv. The remedies enumerated above are in addition to those provided under COMAR § 21.11.03.13, entitled “Compliance,” with respect to SUBCONTRACTORS THAT HAVE CONTRACTED PURSUANT TO THE MBE PROGRAM.
v. To ensure compliance with certified MBE subcontract participation goals, the State may, consistent with COMAR § 21.11.03.13, entitled “Compliance,” take the following measures:
a) Verify that the certified MBEs listed in the MBE participation schedule actually are performing work and receiving compensation as set forth in the MBE participation schedule. This verification may include, as appropriate:
1. Inspecting any relevant records of the Contractor;
2. Inspecting the jobsite; and
3. Interviewing subcontractors and workers. Verification shall include a review of:
1. The Contractor’s monthly report listing unp...
Prompt Pay Requirements. In accordance with 42 CFR 447.46, MCPs must pay 90% of all submitted clean claims within 30 days of the date of receipt and 99% of such claims within 90 days of the date of receipt, unless the MCP and its contracted provider(s) have established an alternative payment schedule that is mutually agreed upon and described in their contract. The prompt pay requirement applies to the processing of both electronic and paper claims for contracting and non-contracting providers by the MCP and delegated claims processing entities. The date of receipt is the date the MCP receives the claim, as indicated by its date stamp on the claim. The date of payment is the date of the check or date of electronic payment transmission. A claim means a bxxx from a provider for health care services that is assigned a unique identifier. A claim does not include an encounter form. A “claim” can include any of the following: (1) a bxxx for services; (2) a line item of services; or (3) all services for one recipient within a bxxx. A “clean claim” is a claim that can be processed without obtaining additional information from the provider of a service or from a third party. Clean claims do not include payments made to a provider of service or a third party where the timing of payment is not directly related to submission of a completed claim by the provider of service or third party (e.g., capitation). A clean claim also does not include a claim from a provider who is under investigation for fraud or abuse, or a claim under review for medical necessity. Penalty for noncompliance: Noncompliance with prompt pay requirements will result in progressive penalties to be assessed on a quarterly basis, as outlined in Appendix N of the Provider Agreement. MCPs must comply with the physician incentive plan requirements stipulated in 42 CFR 438.6(h). If the MCP operates a physician incentive plan, no specific payment can be made directly or indirectly under this physician incentive plan to a physician or physician group as an inducement to reduce or limit medically necessary services furnished to an individual. If the physician incentive plan places a physician or physician group at substantial financial risk [as determined under paragraph (d) of 42 CFR 422.208] for services that the physician or physician group does not furnish itself, the MCP must assure that all physicians and physician groups at substantial financial risk have either aggregate or per-patient stop-loss protection in accordance wi...
Prompt Pay Requirements. The STATE requires that the DESIGN-BUILD TEAM pay subcontractors promptly for their work after receipt of payment for the associated work from the STATE. The DESIGN-BUILD TEAM shall pay each subcontractor for work performed under its subcontract no later than thirty (30) calendar days from the date the DESIGN-BUILD TEAM receives payment for the work from the STATE. The DESIGN-BUILD TEAM shall not withhold retainage from any payment to a subcontractor. These same prompt payment requirements apply to subcontractors at all tiers.
Prompt Pay Requirements. 1. If the Contractor withholds payment of an undisputed amount to its subcontractor, the Department, at its option and in its sole discretion, may take one or more of the following actions:
a. Not process further payments to the Contractor until payment to the subcontractor is verified;
b. Suspend all or some of the Contract work without affecting the completion date(s) for the Contract work;
c. Pay or cause payment of the undisputed amount to the subcontractor from monies otherwise due or that may become due to the Contractor;
d. Place a payment for an undisputed amount in an interest-bearing escrow account; or
e. Take other or further actions as appropriate to resolve the withheld payment.
Prompt Pay Requirements. 29.1 If the Contractor withholds payment of an undisputed amount to its subcontractor, the State, at its option and in its sole discretion, may take one or more of the following actions:
A. Not process further payments to the Contractor until payment to the subcontractor is verified·
B. Suspend all or some of the Contract work without affecting the completion date(s) for the Contract work;
C. Pay or cause payment of the undisputed amount to the subcontractor from monies otherwise due or that may become due;
D. Place a payment for an undisputed amount in an interest-bearing escrow account; or
E. Take other or further actions as appropriate to resolve the withheld payment.
29.2 An "undisputed amount" means an amount owed by the Contractor to a subcontractor for whicb there is no good faith dispute, including any retainage withheld and includes an amount withheld because of issues arising out of an agreement or occurrence unrelated to the agreement under which the amount is withheld.
29.3 An act, failure to act, or decision of a Procurement Officer or a representative of the Department or the State, concerning a withheld payment between the Contractor and subcontractor under this Contract, may not:
A. Affect the tights of the contracting patties under any other provision of law;
B. Be used as evidence on the merits of a dispute between the State and the Contractor in any other proceeding; or
C. Result in liability against or prejudice the rights of the State.
29.4 The remedies enumerated above are in addition to those provided under COMAR 21.11.
Prompt Pay Requirements. 29.1. If a contractor withholds payment of an undisputed amount to its subcontractor, the Agency, at its option and in its sole discretion, may take one or more of the following actions:
29.1.1 Not process further payments to the contractor until payment to the subcontractor is verified;
29.1.2 Suspend all or some of the contract work without affecting the completion date(s) for the contract work;
29.1.3 Pay or cause payment of the undisputed amount to the subcontractor from monies otherwise due or that may become due;
29.1.4 Place a payment for an undisputed amount in an interest-bearing escrow account; or
29.1.5 Take other or further actions as appropriate to resolve the withheld payment.
Prompt Pay Requirements. 8.1. If the Contractor withholds payment of an undisputed amount to its subcontractor, the State, at its option and in its sole discretion, may take one or more of the following actions:
(a) Not process further payments to the Contractor until payment to the subcontractor is verified;
(b) Suspend all or some of the Contract work without affecting the completion date(s) for the Contract work;
(c) Pay or cause payment of the undisputed amount to the subcontractor from monies otherwise due or that may become due to the Contractor;
(d) Place a payment for an undisputed amount in an interest-bearing escrow account; or
(e) Default Contractor for failing to perform in accordance with the requirement to promptly pay sub-contractors.
(f) Take other or further actions as appropriate to resolve the withheld payment.
