Common use of Standards and Licenses Clause in Contracts

Standards and Licenses. 1. The Contractor represents that it is and will remain qualified and licensed to provide the Purchased Services in accordance with the applicable provisions of Minnesota Rules, Minnesota Statutes, federally-approved Minnesota state waiver plans, and during the term of this Contract. 2. The Contractor agrees to inform the Agency or other Counties of Financial Responsibility who has authorized services under this Contract of the following within five (5) business days after occurrence: a. Any changes in licensure status and/or any reported warning to suspend or revoke licensure status. b. Any allegations and/or investigation by a government agency of fraud or criminal wrongdoing. c. Any federal exclusion of an individual or entity as described in Section Q of this Contract or any conviction that could result in a federal exclusion. 3. The Contractor agrees to comply with all federal, state, county and local laws, regulations, ordinances, rules, and certifications as pertaining to the facilities, programs, and staff for which the Contractor in the performance of its obligations under the Contract is responsible during the term of this Contract. This will include, but will not be limited to, current health, fire marshal, and program licenses, zoning standards, licensing and certification of staff when required under state or federal authority, insurance coverage, and all other applicable laws, regulations, ordinances, rules, and certifications that are effective, or will become effective, during the period of this Contract. 4. During the term of this Contract, the Contractor agrees to comply with all applicable state licensing standards, all applicable accreditation standards, and any other standards or criteria established by the State to ensure quality service. a. Failure to meet such standards may be cause for termination of this Contract. Notwithstanding any other provision of this Contract, such termination may be effective as the date of such failure. b. Loss of any applicable license by the Contractor shall be cause for termination of this Contract. Notwithstanding any other provision of this Contract, such termination shall be effective as of the date of such loss. 5. The Contractor agrees to provide the Agency or other Counties of Financial Responsibility, upon written request, copies of program review surveys or summaries, which may include reports from the Minnesota Department of Human Services or the Minnesota Department of Health, and/or Medicare surveys or summaries when complete. 6. The Contractor agrees to comply with the U.S. Department of Health and Human Services’ Policy Guidance Document entitled “Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Person”. For Medical Assistance-Funded services, interpreter costs shall be billed to Medical Assistance. Interpreter costs for non-Medical Assistance services shall be the financial responsibility of the Contractor. 7. In the event that there is a revision of federal regulations, which makes services provided under the terms of this Contract or any portion thereof ineligible for federal financial participation, all parties will review the Contract and renegotiate those items necessary to bring the Contract into compliance with the new federal regulations. Refusal to review the Contract within seven (7) calendar days of receipt of a written request to bring the Contract into compliance, or failure to cooperate in good faith, shall be cause for termination of this Contract as of the date when the Contract is out of compliance for purposes of federal financial participation. 8. In the event that there is a revision of federal, state, or local statutes, rules or other laws, or the federally-approved state waiver language, which makes the performance of this Contract or any portion thereof unlawful, all parties will review the Contract and renegotiate those items necessary to bring the Contract into compliance with the law. Refusal to review the Contract within seven (7) calendar days of receipt of a written request to bring the Contract into compliance, or failure to cooperate in good faith, shall be cause for termination of this Contract as of the date when the Contract is out of compliance.