Common use of Remedy for Non-Performance Clause in Contracts

Remedy for Non-Performance. The CMHCC shall monitor the University Provider’s compliance with the terms of this Agreement. In the event that a University Provider, or its subcontractor, fails to comply with the terms of the Agreement, the CMHCC will require that the University Provider take appropriate corrective actions to remedy the failure to comply. 1. Continued and ongoing failures to implement corrective actions to remedy deficiencies may subject providers to administrative and financial remedies. Such remedies may include a range of actions including termination of the arrangements in place for any or all services being provided by the party that fails to take appropriate corrective action. 2. The CMHCC is provided explicit legislative authority to "address problems found through monitoring activities by the department and health care providers including requiring corrective action if care does not meet expectations as determined by those monitoring activities" (Section 501.148 (a) (7), Texas Government Code). The assessment of administrative and/or financial remedies shall be subject to a finding by the CMHCC that there exists a continued and ongoing failure to correct an identified deficiency. 3. Upon issuing a finding of a continued and ongoing failure to correct the CMHCC may assess one or more of the following remedial actions by a majority vote. It is the intent of the CMHCC to assess such remedial actions in a progressive manner. The goal of such action is to enforce corrective actions and ensure that necessary services are provided in an appropriate, timely and effective manner. The level, type and duration of remedial actions assessed by the CMHCC may vary with the seriousness, urgency and nature of the finding. Remedial actions available to the CMHCC include: a. In addition to specified reporting requirements, requiring more detailed and/or more frequent reporting requirements related to the area of deficiency, including written progress reports to the CMHCC signed by the responsible Medical Director; b. Withholding or suspending payment for services identified in the finding until corrective actions are implemented; c. Assigning an independent monitor to review and report on the progress made on the deficiency, at the expense of the responsible party; d. Transferring responsibility for providing the service or services in question to another party and reducing the payments received by the deficient party accordingly; and/or e. Other actions determined appropriate by the CMHCC up to and including termination of any or all of the agreement to provide services.

Remedy for Non-Performance. The CMHCC shall monitor the University Provider’s compliance with the terms of this Agreement. In the event that a University Provider, or its subcontractor, fails to comply with the terms of the Agreement, the CMHCC will require that the University Provider take appropriate corrective actions to remedy the failure to comply. 1. Continued and ongoing failures to implement corrective actions to remedy deficiencies may subject providers to administrative and financial remedies. Such remedies may include a range of actions including termination of the arrangements in place for any or all services being provided by the party that fails to take appropriate corrective action. 2. The CMHCC is provided explicit legislative authority to "address problems found through monitoring activities by the department and health care providers enforce compliance with contract provisions, including requiring corrective action if care does not meet expectations as determined by those quality of care monitoring activities" (Section 501.148 (a) (76), Texas Government Code). The assessment of administrative and/or financial remedies shall be subject to a finding by the CMHCC that there exists a continued and ongoing failure to correct an identified deficiency. 3. Upon issuing a finding of a continued and ongoing failure to correct the CMHCC may assess one or more of the following remedial actions by a majority vote. It is the intent of the CMHCC to assess such remedial actions in a progressive manner. The goal of such action is to enforce corrective actions and ensure that necessary services are provided in an appropriate, timely and effective manner. The level, type and duration of remedial actions assessed by the CMHCC may vary with the seriousness, urgency and nature of the finding. Remedial actions available to the CMHCC include: a. In addition to specified reporting requirements, requiring more detailed and/or more frequent reporting requirements related to the area of deficiency, including written progress reports to the CMHCC signed by the responsible Medical Director; b. Withholding or suspending payment for services identified in the finding until corrective actions are implemented; c. Assigning an independent monitor to review and report on the progress made on the deficiency, at the expense of the responsible party; d. Transferring responsibility for providing the service or services in question to another party and reducing the payments received by the deficient party accordingly; and/or; e. Other actions determined appropriate by the CMHCC up to and including termination of any or all of the agreement to provide servicesservices Article X Dispute Resolution‌ It is the intent of the parties to reach mutually acceptable resolutions to any disputes that may arise relating to the services and terms of this contract through direct communication and informal means. A. The parties understand that most disputes can be resolved by an open sharing and understanding of each other’s position and perspectives on the issue and with good faith discussions on how to reach mutually beneficial solutions. It is therefore agreed that efforts to resolve such disputes should first be attempted at the lowest organizational level appropriate to the issue. B. Should such efforts fail, the issue should be discussed and considered upwards through the respective organizational levels of the agencies involved up to and including the respective medical directors. C. Should face-to-face discussion between the medical directors fail to result in a mutually acceptable solution, the matter in dispute shall be referred to the Executive Director of the CMHCC for review and resolution in the case of administrative or operational matters or to the Chairman of the CMHCC in the case of clinical matters. D. In the event that the parties are still unable to reach a mutually agreeable solution, the Executive Director or Chairman of the CMHCC shall refer the matter to the full CMHCC. The CMHCC shall consider the issues involved and render a decision of the dispute. Unless specifically excepted elsewhere in this agreement, such decisions shall be binding on all parties.

Remedy for Non-Performance. The CMHCC shall monitor the University Provider’s compliance with the terms of this Agreement. In the event that a University Provider, or its subcontractor, fails to comply with the terms of the Agreement, the CMHCC will require that the University Provider take appropriate corrective actions to remedy the failure to comply. 1. Continued and ongoing failures to implement corrective actions to remedy deficiencies may subject providers to administrative and financial remedies. Such remedies may include a range of actions including termination of the arrangements in place for any or all services being provided by the party that fails to take appropriate corrective action. 2. The CMHCC is provided explicit legislative authority to "address problems found through monitoring activities by the department and health care providers enforce compliance with contract provisions, including requiring corrective action if care does not meet expectations as determined by those quality of care monitoring activities" (Section 501.148 (a) (76), Texas Government Code). The assessment of administrative and/or financial remedies shall be subject to a finding by the CMHCC that there exists a continued and ongoing failure to correct an identified deficiency. 3. Upon issuing a finding of a continued and ongoing failure to correct the CMHCC may assess one or more of the following remedial actions by a majority vote. It is the intent of the CMHCC to assess such remedial actions in a progressive manner. The goal of such action is to enforce corrective actions and ensure that necessary services are provided in an appropriate, timely and effective manner. The level, type and duration of remedial actions assessed by the CMHCC may vary with the seriousness, urgency and nature of the finding. Remedial actions available to the CMHCC include: a. In addition to specified reporting requirements, requiring more detailed and/or more frequent reporting requirements related to the area of deficiency, including written progress reports to the CMHCC signed by the responsible Medical Director; b. Withholding or suspending payment for services identified in the finding until corrective actions are implemented; c. Assigning an independent monitor to review and report on the progress made on the deficiency, at the expense of the responsible party; d. Transferring responsibility for providing the service or services in question to another party and reducing the payments received by the deficient party accordingly; and/or; e. Other actions determined appropriate by the CMHCC up to and including termination of any or all of the agreement to provide servicesservices Article X Dispute Resolution It is the intent of the parties to reach mutually acceptable resolutions to any disputes that may arise relating to the services and terms of this contract through direct communication and informal means. A. The parties understand that most disputes can be resolved by an open sharing and understanding of each other’s position and perspectives on the issue and with good faith discussions on how to reach mutually beneficial solutions. It is therefore agreed that efforts to resolve such disputes should first be attempted at the lowest organizational level appropriate to the issue. B. Should such efforts fail, the issue should be discussed and considered upwards through the respective organizational levels of the agencies involved up to and including the respective medical directors. C. Should face-to-face discussion between the medical directors fail to result in a mutually acceptable solution, the matter in dispute shall be referred to the Executive Director of the CMHCC for review and resolution in the case of administrative or operational matters or to the Chairman of the CMHCC in the case of clinical matters. D. In the event that the parties are still unable to reach a mutually agreeable solution, the Executive Director or Chairman of the CMHCC shall refer the matter to the full CMHCC. The CMHCC shall consider the issues involved and render a decision of the dispute. Unless specifically excepted elsewhere in this agreement, such decisions shall be binding on all parties.