Common use of Stipulated Penalties Review Clause in Contracts

Stipulated Penalties Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for Stipulated Penalties under this CIA shall be: (a) whether Provider was in full and timely compliance with the requirements of this CIA for which OIG demands payment and (b) the period of noncompliance. Provider shall have the burden of proving its full and timely compliance. If the ALJ upholds the OIG’s determination that Provider has breached this CIA and orders Provider to pay Stipulated Penalties, Provider must (a) come into compliance with the requirement(s) that resulted in the OIG imposing Stipulated Penalties and (b) pay the Stipulated Penalties within 20 days after the ALJ issues a decision, unless Provider properly and timely requests review of the ALJ decision by the DAB. If the ALJ decision is properly and timely appealed to the DAB and the DAB upholds the determination of OIG, Provider must (a) come into compliance with the requirement(s) that resulted in the OIG imposing Stipulated Penalties and (b) pay the Stipulated Penalties within 20 days after the DAB issues its decision.‌

Appears in 2 contracts

Samples: Corporate Integrity Agreement, Corporate Integrity Agreement

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Stipulated Penalties Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for Stipulated Penalties under this CIA shall be: (a) whether Provider CHN was in full and timely compliance with the requirements of this CIA for which OIG demands payment and (b) the period of noncompliance. Provider CHN shall have the burden of proving its full and timely compliance. If the ALJ upholds the OIG’s determination that Provider CHN has breached this CIA and orders Provider CHN to pay Stipulated Penalties, Provider CHN must (a) come into compliance with the requirement(s) that resulted in the OIG imposing Stipulated Penalties and (b) pay the Stipulated Penalties within 20 days after the ALJ issues a decision, unless Provider CHN properly and timely requests review of the ALJ decision by the DAB. If the ALJ decision is properly and timely appealed to the DAB and the DAB upholds the determination of OIG, Provider CHN must (a) come into compliance with the requirement(s) that resulted in the OIG imposing Stipulated Penalties and (b) pay the Stipulated Penalties within 20 days after the DAB issues its decision.‌and

Appears in 2 contracts

Samples: Corporate Integrity Agreement, Corporate Integrity Agreement

Stipulated Penalties Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for Stipulated Penalties under this CIA shall be: (a) whether Provider Lincare was in full and timely compliance with the requirements of this CIA for which OIG demands payment and (b) the period of noncompliance. Provider Lincare shall have the burden of proving its full and timely compliance. If the ALJ upholds the OIG’s determination that Provider Xxxxxxx has breached this CIA and orders Provider Lincare to pay Stipulated Penalties, Provider Lincare must (a) come into compliance with the requirement(s) that resulted in the OIG imposing Stipulated Penalties and (b) pay the Stipulated Penalties within 20 days after the ALJ issues a decision, unless Provider Lincare properly and timely requests review of the ALJ decision by the DAB. If the ALJ decision is properly and timely appealed to the DAB and the DAB upholds the determination of OIG, Provider Lincare must (a) come into compliance with the requirement(s) that resulted in the OIG imposing Stipulated Penalties and (b) pay the Stipulated Penalties within 20 days after the DAB issues its decision.‌decision.

Appears in 1 contract

Samples: Corporate Integrity Agreement

Stipulated Penalties Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for Stipulated Penalties under this CIA shall be: (a) whether Provider SPD was in full and timely compliance with the requirements of this CIA for which OIG demands payment payment; and (b) the period of noncompliance. Provider SPD shall have the burden of proving its full and timely compliance. If the ALJ upholds the OIG’s determination that Provider SPD has breached this CIA and orders Provider SPD to pay Stipulated Penalties, Provider SPD must (a) come into compliance with the requirement(s) of this CIA that resulted in the OIG imposing Stipulated Penalties and (b) pay the Stipulated Penalties within 20 days after the ALJ issues a decision, unless Provider SPD properly and timely requests review of the ALJ decision by the DAB. If the ALJ decision is properly and timely appealed to the DAB and the DAB upholds the determination of OIG, Provider SPD must (a) come into compliance with the requirement(s) that resulted in the OIG imposing Stipulated Penalties and (b) pay the Stipulated Penalties within 20 days after the DAB issues its decision.‌decision.

Appears in 1 contract

Samples: Corporate Integrity Agreement

Stipulated Penalties Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for Stipulated Penalties under this CIA shall be: (a) whether Provider CCH was in full and timely compliance with the requirements of this CIA for which OIG demands payment and (b) the period of noncompliance. Provider CCH shall have the burden of proving its full and timely compliance. If the ALJ upholds the OIG’s determination that Provider CCH has breached this CIA and orders Provider CCH to pay Stipulated Penalties, Provider CCH must (a) come into compliance with the requirement(s) that resulted in the OIG imposing Stipulated Penalties and (b) pay the Stipulated Penalties within 20 days after the ALJ issues a decision, unless Provider CCH properly and timely requests review of the ALJ decision by the DAB. If the ALJ decision is properly and timely appealed to the DAB and the DAB upholds the determination of OIG, Provider CCH must (a) come into compliance with the requirement(s) that resulted in the OIG imposing Stipulated Penalties and (b) pay the Stipulated Penalties within 20 days after the DAB issues its decision.‌and

Appears in 1 contract

Samples: Corporate Integrity Agreement

Stipulated Penalties Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for Stipulated Penalties under this CIA shall be: (a) whether Provider Renew was in full and timely compliance with the requirements of this CIA for which OIG demands payment and (b) the period of noncompliance. Provider Renew shall have the burden of proving its full and timely compliance. If the ALJ upholds the OIG’s determination that Provider Xxxxx has breached this CIA and orders Provider Renew to pay Stipulated Penalties, Provider Renew must (a) come into compliance with the requirement(s) that resulted in the OIG imposing Stipulated Penalties and (b) pay the Stipulated Penalties within 20 days after the ALJ issues a decision, unless Provider Renew properly and timely requests review of the ALJ decision by the DAB. If the ALJ decision is properly and timely appealed to the DAB and the DAB upholds the determination of OIG, Provider Renew must (a) come into compliance with the requirement(s) that resulted in the OIG imposing Stipulated Penalties and (b) pay the Stipulated Penalties within 20 days after the DAB issues its decision.‌and

Appears in 1 contract

Samples: Corporate Integrity Agreement

Stipulated Penalties Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for Stipulated Penalties under this CIA shall be: (a) whether Provider Cigna was in full and timely compliance with the requirements of this CIA for which OIG demands payment and (b) the period of noncompliance. Provider Cigna shall have the burden of proving its full and timely compliance. If the ALJ upholds the OIG’s determination that Provider Cigna has breached this CIA and orders Provider Cigna to pay Stipulated Penalties, Provider Cigna must (a) come into compliance with the requirement(s) that resulted in the OIG imposing Stipulated Penalties and (b) pay the Stipulated Penalties within 20 days after the ALJ issues a decision, unless Provider Cigna properly and timely requests review of the ALJ decision by the DAB. If the ALJ decision is properly and timely appealed to the DAB and the DAB upholds the determination of OIG, Provider Cigna must (a) come into compliance with the requirement(s) that resulted in the OIG imposing Stipulated Penalties and (b) pay the Stipulated Penalties within 20 days after the DAB issues its decision.‌and

Appears in 1 contract

Samples: Corporate Integrity Agreement

Stipulated Penalties Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for Stipulated Penalties under this CIA shall be: : (a) whether Provider SNAP was in full and timely compliance with the requirements of this CIA for which OIG demands payment payment; and (b) the period of noncompliance. Provider SNAP shall have the burden of proving its full and timely compliance. If the ALJ upholds the OIG’s determination that Provider SNAP has breached this CIA and orders Provider SNAP to pay Stipulated Penalties, Provider SNAP must (a) come into compliance with the requirement(s) of this CIA that resulted in the OIG imposing Stipulated Penalties Penalties, and (b) pay the Stipulated Penalties within 20 days after the ALJ issues a decision, unless Provider SNAP properly and timely requests review of the ALJ decision by the DAB. If the ALJ decision is properly and timely appealed to the DAB and the DAB upholds the determination of OIG, Provider SNAP must (a) come into compliance with the requirement(s) that resulted in the OIG imposing Stipulated Penalties and (b) pay the Stipulated Penalties within 20 days after the DAB issues its decision.‌decision.

Appears in 1 contract

Samples: Corporate Integrity Agreement

Stipulated Penalties Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for Stipulated Penalties under this CIA shall be: (a) whether Provider Lincare was in full and timely compliance with the requirements of this CIA for which OIG demands payment and (b) the period of noncompliance. Provider Lincare shall have the burden of proving its full and timely compliance. If the ALJ upholds the OIG’s determination that Provider Xxxxxxx has breached this CIA and orders Provider Lincare to pay Stipulated Penalties, Provider Lincare must (a) come into compliance with the requirement(s) that resulted in the OIG imposing Stipulated Penalties and (b) pay the Stipulated Penalties within 20 days after the ALJ issues a decision, unless Provider Lincare properly and timely requests review of the ALJ decision by the DAB. If the ALJ decision is properly and timely appealed to the DAB and the DAB upholds the determination of OIG, Provider Lincare must (a) come into compliance with the requirement(s) that resulted in the OIG imposing Stipulated Penalties and (b) pay the Stipulated Penalties within 20 days after the DAB issues its decision.‌

Appears in 1 contract

Samples: Corporate Integrity Agreement

Stipulated Penalties Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for Stipulated Penalties under this CIA shall be: (a) whether Provider was in full and timely compliance with the requirements of this CIA for which OIG demands payment and (b) the period of noncompliance. Provider shall have the burden of proving its full and timely compliance. If the ALJ upholds the OIG’s determination that Provider has breached this CIA and orders Provider to pay Stipulated Penalties, Provider must (a) come into compliance with the requirement(s) that resulted in the OIG imposing Stipulated Penalties and (b) pay the Stipulated Penalties within 20 days after the ALJ issues a decision, unless Provider properly and timely requests review of the ALJ decision by the DAB. If the ALJ decision is properly and timely appealed to the DAB and the DAB upholds the determination of OIG, Provider must (a) come into compliance with the requirement(s) that resulted in the OIG imposing Stipulated Penalties and (b) pay the Stipulated Penalties within 20 days after the DAB issues its decision.‌decision.

Appears in 1 contract

Samples: Corporate Integrity Agreement

Stipulated Penalties Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for Stipulated Penalties under this CIA IA shall be: (a) whether Provider DOCS was in full and timely compliance with the requirements of this CIA IA for which OIG demands payment and (b) the period of noncompliance. Provider DOCS shall have the burden of proving its full and timely compliance. If the ALJ upholds the OIG’s determination that Provider DOCS has breached this CIA IA and orders Provider DOCS to pay Stipulated Penalties, Provider DOCS must (a) come into compliance with the requirement(s) that resulted in the OIG imposing Stipulated Penalties and (b) pay the Stipulated Penalties within 20 days after the ALJ issues a decision, unless Provider DOCS properly and timely requests review of the ALJ decision by the DAB. If the ALJ decision is properly and timely appealed to the DAB and the DAB upholds the determination of OIG, Provider DOCS must (a) come into compliance with the requirement(s) that resulted in the OIG imposing Stipulated Penalties and (b) pay the Stipulated Penalties within 20 days after the DAB issues its decision.‌and‌

Appears in 1 contract

Samples: Integrity Agreement

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Stipulated Penalties Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for Stipulated Penalties under this CIA shall be: (a) whether Provider Paksn was in full and timely compliance with the requirements of this CIA for which OIG demands payment and (b) the period of noncompliance. Provider Paksn shall have the burden of proving its full and timely compliance. If the ALJ upholds the OIG’s determination that Provider Paksn has breached this CIA and orders Provider Paksn to pay Stipulated Penalties, Provider Paksn must (a) come into compliance with the requirement(s) that resulted in the OIG imposing Stipulated Penalties and (b) pay the Stipulated Penalties within 20 days after the ALJ issues a decision, unless Provider Paksn properly and timely requests review of the ALJ decision by the DAB. If the ALJ decision is properly and timely appealed to the DAB and the DAB upholds the determination of OIG, Provider Paksn must (a) come into compliance with the requirement(s) that resulted in the OIG imposing Stipulated Penalties and (b) pay the Stipulated Penalties within 20 days after the DAB issues its decision.‌and

Appears in 1 contract

Samples: Corporate Integrity Agreement

Stipulated Penalties Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for Stipulated Penalties under this CIA shall be: (a) whether Provider CII was in full and timely compliance with the requirements of this CIA for which OIG demands payment and (b) the period of noncompliance. Provider CII shall have the burden of proving its full and timely compliance. If the ALJ upholds the OIG’s determination that Provider CII has breached this CIA and orders Provider CII to pay Stipulated Penalties, Provider CII must (a) come into compliance with the requirement(s) that resulted in the OIG imposing Stipulated Penalties and (b) pay the Stipulated Penalties within 20 days after the ALJ issues a decision, unless Provider CII properly and timely requests review of the ALJ decision by the DAB. If the ALJ decision is properly and timely appealed to the DAB and the DAB upholds the determination of OIG, Provider CII must (a) come into compliance with the requirement(s) that resulted in the OIG imposing Stipulated Penalties and (b) pay the Stipulated Penalties within 20 days after the DAB issues its decision.‌decision.

Appears in 1 contract

Samples: Corporate Integrity Agreement

Stipulated Penalties Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for Stipulated Penalties under this CIA shall be: (a) whether Provider TEN was in full and timely compliance with the requirements of this CIA for which OIG demands payment and (b) the period of noncompliance. Provider TEN shall have the burden of proving its full and timely compliance. If the ALJ upholds the OIG’s determination that Provider TEN has breached this CIA and orders Provider TEN to pay Stipulated Penalties, Provider TEN must (a) come into compliance with the requirement(s) that resulted in the OIG imposing Stipulated Penalties and (b) pay the Stipulated Penalties within 20 days after the ALJ issues a decision, unless Provider TEN properly and timely requests review of the ALJ decision by the DAB. If the ALJ decision is properly and timely appealed to the DAB and the DAB upholds the determination of OIG, Provider TEN must (a) come into compliance with the requirement(s) that resulted in the OIG imposing Stipulated Penalties and (b) pay the Stipulated Penalties within 20 days after the DAB issues its decision.‌and

Appears in 1 contract

Samples: Corporate Integrity Agreement

Stipulated Penalties Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for Stipulated Penalties under this CIA shall be: (a) whether Provider Providence was in full and timely compliance with the requirements of this CIA for which OIG demands payment payment; and (b) the period of noncompliance. Provider Providence shall have the burden of proving its full and timely compliance. If the ALJ upholds the OIG’s determination that Provider Providence has breached this CIA and orders Provider Providence to pay Stipulated Penalties, Provider Providence must (a) come into compliance with the requirement(s) of the CIA that resulted in the OIG imposing Stipulated Penalties and (b) pay the Stipulated Penalties within 20 days after the ALJ issues a decision, unless Provider Providence properly and timely requests review of the ALJ decision by the DAB. If the ALJ decision is properly and timely appealed to the DAB and the DAB upholds the determination of OIG, Provider Providence must (a) come into compliance with the requirement(s) that resulted in the OIG imposing Stipulated Penalties and (b) pay the Stipulated Penalties within 20 days after the DAB issues its decision.‌

Appears in 1 contract

Samples: Corporate Integrity Agreement

Stipulated Penalties Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for Stipulated Penalties under this CIA shall be: (a) whether Provider GSMC was in full and timely compliance with the requirements of this CIA for which OIG demands payment payment; and (b) the period of noncompliance. Provider GSMC shall have the burden of proving its full and timely compliance. If the ALJ upholds the OIG’s determination that Provider GSMC has breached this CIA and orders Provider GSMC to pay Stipulated Penalties, Provider GSMC must (a) come into compliance with the requirement(s) of this CIA that resulted in the OIG imposing Stipulated Penalties and (b) pay the Stipulated Penalties within 20 days after the ALJ issues a decision, unless Provider GSMC properly and timely requests review of the ALJ decision by the DAB. If the ALJ decision is properly and timely appealed to the DAB and the DAB upholds the determination of OIG, Provider GSMC must (a) come into compliance with the requirement(s) that resulted in the OIG imposing Stipulated Penalties and (b) pay the Stipulated Penalties within 20 days after the DAB issues its decision.‌

Appears in 1 contract

Samples: Corporate Integrity Agreement

Stipulated Penalties Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for Stipulated Penalties under this CIA shall be: (a) whether Provider SV/TC was in full and timely compliance with the requirements of this CIA for which OIG demands payment and (b) the period of noncompliance. Provider SV/TC shall have the burden of proving its full and timely compliance. If the ALJ upholds the OIG’s determination that Provider SV/TC has breached this CIA and orders Provider SV/TC to pay Stipulated Penalties, Provider SV/TC must (a) come into compliance with the requirement(s) that resulted in the OIG imposing Stipulated Penalties and (b) pay the Stipulated Penalties within 20 days after the ALJ issues a decision, unless Provider SV/TC properly and timely requests review of the ALJ decision by the DAB. If the ALJ decision is properly and timely appealed to the DAB and the DAB upholds the determination of OIG, Provider SV/TC must (a) come into compliance with the requirement(s) that resulted in the OIG imposing Stipulated Penalties and (b) pay the Stipulated Penalties within 20 days after the DAB issues its decision.‌and‌‌

Appears in 1 contract

Samples: Corporate Integrity Agreement

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