Common use of Reserve Fund Accounts Clause in Contracts

Reserve Fund Accounts. Pursuant to the requirements and limitations of Federal and State laws, the Provider may set up and/or maintain reserve fund accounts utilizing Medicaid funds in the same proportion that Medicaid funds relate to all revenue sources with the consent of the Payor, pursuant to the requirements of the Federal and State funding and the consent of the MDHHS. Any reserve funds other than Compensated Absences, Employee Retirement, or Post Employment Health Insurance established and audited prior to the creation of MSHN, should be prior approved by the Payor and have actuarial substantiation in accordance with GASB. N. Assessments of Financial Penalties and Obligations of the Provider. Should the Provider fail to fulfill its obligations as required under this Agreement, thereby resulting in assessment(s) by MDHHS and/or the Federal government of financial penalties against Payor under the MDHHS/PIHP Contract as to Medicaid funding, the Payor shall, in turn, exact an assessment(s) of financial penalties against the Provider, as follows: (1.) If an assessment by the MDHHS and/or the Federal government of financial penalties against the Payor is exacted through MDHHS’s withholding of a specific amount of Medicaid (Federal share and State share) capitation funding for any month under said MDHHS/PIHP Contract, the Payor shall, in turn, exact an assessment of financial penalties against the Provider, for the Provider’s failure to fulfill its obligations as required hereunder, through withholding of the same amount of Medicaid (Federal share and State share) subcapitation funding to the Provider under this Agreement; and/or, (2.) If an assessment by the MDHHS and/or the Federal government of financial penalties against the Payor under said MDHHS/PIHP Contract must be reimbursed by the Payor with local non-matchable funds (i.e., the sources of such funds are not Federal funds and/or State funds), the Provider shall, in turn, reimburse the Payor with local non- matchable funds as financial payback as to the Payor’s assessment of financial penalties of the same amount against the Provider, for the Provider’s failure to fulfill its obligations as required hereunder.

Reserve Fund Accounts. Pursuant to the requirements and limitations of Federal and State laws, the Provider may set up and/or maintain reserve fund accounts utilizing Medicaid funds in the same proportion that Medicaid funds relate to all revenue sources with the consent of the Payor, pursuant to the requirements of the Federal and State funding and the consent of the MDHHS. Any reserve funds other than Compensated Absences, Employee Retirement, or Post Employment Health Insurance established and audited prior to the creation of MSHN, should be prior approved by the Payor and have actuarial substantiation in accordance with GASB. N. Assessments of Financial Penalties and Obligations of the Provider. Should the Provider fail to fulfill its obligations as required under this Agreement, thereby resulting in assessment(s) by MDHHS and/or the Federal government of financial penalties against Payor under the MDHHS/PIHP Contract as to Medicaid funding, the Payor shall, in turn, exact an assessment(s) of financial penalties against the Provider, as follows: (1.) If an assessment by the MDHHS and/or the Federal government of financial penalties against the Payor is exacted through MDHHS’s withholding of a specific amount of Medicaid (Federal share and State share) capitation funding for any month under said MDHHS/PIHP Contract, the Payor shall, in turn, exact an assessment of financial penalties against the Provider, for the Provider’s failure to fulfill its obligations as required hereunder, through withholding of the same amount of Medicaid (Federal share and State share) subcapitation funding to the Provider under this Agreement; and/or, (2.) If an assessment by the MDHHS and/or the Federal government of financial penalties against the Payor under said MDHHS/PIHP Contract must be reimbursed by the Payor with local non-matchable funds (i.e., the sources of such funds are not Federal funds and/or State funds), the Provider shall, in turn, reimburse the Payor with local non- matchable funds as financial payback as to the Payor’s assessment of financial penalties of the same amount against the Provider, for the Provider’s failure to fulfill its obligations as required hereunder.

Reserve Fund Accounts. Pursuant to the requirements and limitations of Federal and State laws, the Provider may set up and/or maintain reserve fund accounts utilizing Medicaid funds in the same proportion that Medicaid funds relate to all revenue sources with the consent of the Payor, pursuant to the requirements of the Federal and State funding and the consent of the MDHHS. Any reserve funds other than Compensated Absences, Employee Retirement, or Post Employment Health Insurance established and audited prior to the creation of MSHN, should be prior approved by the Payor and have actuarial substantiation in accordance with GASB. N. Assessments of Financial Penalties and Obligations of the Provider. Should the Provider fail to fulfill its obligations as required under this Agreement, thereby resulting in assessment(s) by MDHHS and/or the Federal government of financial penalties against Payor under the MDHHS/PIHP Contract as to Medicaid funding, the Payor shall, in turn, exact an assessment(s) of financial penalties against the Provider, as follows: (1.) If an assessment by the MDHHS and/or the Federal government of financial penalties against the Payor is exacted through MDHHS’s withholding of a specific amount of Medicaid (Federal share and State share) capitation funding for any month under said MDHHS/PIHP Contract, the Payor shall, in turn, exact an assessment of financial penalties against the Provider, for the Provider’s failure to fulfill its obligations as required hereunder, through withholding of the same amount of Medicaid (Federal share and State share) subcapitation funding to the Provider under this Agreement; and/or,required (2.) If an assessment by the MDHHS and/or the Federal government of financial penalties against the Payor under said MDHHS/PIHP Contract must be reimbursed by the Payor with local non-matchable funds (i.e., the sources of such funds are not Federal funds and/or State funds), the Provider shall, in turn, reimburse the Payor with local non- matchable funds as financial payback as to the Payor’s assessment of financial penalties of the same amount against the Provider, for the Provider’s failure to fulfill its obligations as required hereunder.

Reserve Fund Accounts. Pursuant to the requirements and limitations of Federal and State laws, the Provider may set up and/or maintain reserve fund accounts utilizing Medicaid funds in the same proportion that Medicaid funds relate to all revenue sources with the consent of the Payor, pursuant to the requirements of the Federal and State funding and the consent of the MDHHS. Any reserve funds other than Compensated Absences, Employee Retirement, or Post Employment Health Insurance established and audited prior to the creation of MSHN, should be prior approved by the Payor and have actuarial substantiation in accordance with GASB. N. Assessments of Financial Penalties and Obligations of the Provider. Should the Provider fail to fulfill its obligations as required under this Agreement, thereby resulting in assessment(s) by MDHHS and/or the Federal government of financial penalties against Payor under the MDHHS/PIHP Contract as to Medicaid funding, the Payor shall, in turn, exact an assessment(s) of financial penalties against the Provider, as follows: (1.) If an assessment by the MDHHS and/or the Federal government of financial penalties against the Payor is exacted through MDHHS’s withholding of a specific amount of Medicaid (Federal share and State share) capitation funding for any month under said MDHHS/PIHP Contract, the Payor shall, in turn, exact an assessment of financial penalties against the Provider, for the Provider’s failure to fulfill its obligations as required hereunder, through withholding of the same amount of Medicaid (Federal share and State share) subcapitation funding to the Provider under this Agreement; and/or, (2.) If an assessment by the MDHHS and/or the Federal government of financial penalties against the Payor under said MDHHS/PIHP Contract must be reimbursed by the Payor with local non-matchable funds (i.e., the sources of such funds are not Federal funds and/or State funds), the Provider shall, in turn, reimburse the Payor with local non- matchable funds as financial payback as to the Payor’s assessment of financial penalties of the same amount against the Provider, for the Provider’s failure to fulfill its obligations as required hereunder.non-