Remedies or Sanctions for Breach. If the STATE determines that the MCO failed to cure the breach within the time period specified in section 5.5, the STATE may enforce one or more of the following remedies or sanctions, which shall be consistent with the factors specified at section 5.4. The STATE may impose sanctions until such time as a breach is corrected, or the time period the correction should have been made until the time when notification by the MCO is actually made or the correction is made. The MCO reserves all of its legal and equitable remedies to contest the imposition of a remedy or sanction under this Contract. (A) Withhold capitation payments or a portion thereof until such time as the breach or deficiency is corrected to the satisfaction of the STATE. (B) Monetary payments from the MCO to the STATE in the following amounts, offset against payments due the MCO by the STATE or as a direct payment to the STATE, at the STATE’s discretion, until such time as the breach is corrected to the satisfaction of the STATE.
Appears in 7 contracts
Samples: Contract for Medical Assistance and Minnesotacare Services, Contract for Medical Assistance and Minnesotacare Services, Contract for Medical Assistance and Minnesotacare Services
