Common use of Subcontracts, Generally Clause in Contracts

Subcontracts, Generally. (A) The Contractor shall maintain the ultimate responsibility for adhering to and otherwise fully complying with all terms and conditions of this Contract, notwithstanding any relationship(s) that the Contractor may have with any Subcontractor. (B) If any of the Contractor’s activities or obligations under this Contract are delegated to a Subcontractor, the Contractor shall ensure that: (1) the activities and obligations, and related reporting responsibilities, are specified in the contract or written agreement between the Contractor and the Subcontractor; and (2) the contract or written arrangement between the Contractor and the Subcontractor must either provide for the revocation of the delegation of activities or obligations, or specify other remedies in instances where the Department or the Contractor determines that the Subcontractor has not performed satisfactorily. (C) Contracts between the Contractor and any Subcontractor shall require the Subcontractor to: (1) comply with all applicable Medicaid laws and regulations, including applicable subregulatory guidance and contract provisions; (2) agree that the Department, CMS, the HHS Inspector General, the Comptroller General, or their designees have the right to audit, evaluate, and inspect any books, records, contracts, computer or other electronic systems of the Subcontractor, or of the Subcontractor’s contractor, that pertain to any aspect of services and activities performed, or determination of amounts payable under the Contract; (3) make available, for the purposes of an audit, evaluation, or inspection by the Department, CMS, the HHS-OIG, the Comptroller General or their designees, its premises, physical facilities, equipment, books, records, contracts, computer, or other electronic systems relating to its Enrollees; (4) agree that the right to audit by the Department, CMS, the HHS Inspector General, the Comptroller General or their designees, will exist through 10 years from the final date of the contract period or from the date of completion of any audit, whichever is later; and (5) agree that if the Department, CMS, or HHS-OIG determines that there is a reasonable possibility of Fraud or similar risk, the State, CMS, or HHS-OIG may inspect, evaluate, and audit the Subcontractor at any time.

Subcontracts, Generally. (A) The Contractor shall maintain the ultimate responsibility for adhering to and otherwise fully complying with all terms and conditions of this Contract, notwithstanding any relationship(s) that the Contractor may have with any Subcontractor. (B) If The Contractor shall ensure, if any of the Contractor’s activities or obligations under this Contract are delegated to a Subcontractor, the Contractor shall ensure that: (1) the The activities and obligations, and related reporting responsibilities, are specified in the contract or written agreement between the Contractor and the Subcontractor; and. (2) the The contract or written arrangement between the Contractor and the Subcontractor must either provide for the revocation of the delegation of activities or obligations, or specify other remedies in instances where the Department or the Contractor determines that the Subcontractor has not performed satisfactorily. (C) Contracts between the Contractor and any Subcontractor shall require the Subcontractor to: (1) to comply with all applicable Medicaid laws and regulations, including applicable subregulatory guidance and contract provisions;. (2D) Contracts between the Contractor and any Subcontractor shall require the Subcontractor to agree that the Department, CMS, the HHS Department of Health and Human Services Inspector General, the Comptroller General, or their designees have the right to audit, evaluate, and inspect any books, records, contracts, computer or other electronic systems of the Subcontractor, or of the Subcontractor’s contractor, that pertain to any aspect of services and activities performed, or determination of amounts payable under the Contract;. (3E) Contracts between the Contractor and any Subcontractor shall require the Subcontractor to make available, for the purposes of an audit, evaluation, or inspection by the Department, CMS, the HHS-OIGDepartment of Health and Human Services Inspector General, the Comptroller General or their designees, its premises, physical facilities, equipment, books, records, contracts, computer, or other electronic systems relating to its Enrollees;. (4F) Contracts between the Contractor and any Subcontractor shall require the Subcontractor to agree that the right to audit by the Department, CMS, the HHS Department of Health and Human Services Inspector General, the Comptroller General or their designees, will exist through 10 years from the final date of the contract period or from the date of completion of any audit, whichever is later; and. (5G) agree Contracts between the Contractor and any Subcontractor shall require that if the Department, CMS, or HHS-OIG determines the Department of Health and Human Services Inspector General determine that there is a reasonable possibility of Fraud fraud or similar risk, the State, CMS, or HHS-OIG the DHHS Inspector General may inspect, evaluate, and audit the Subcontractor at any time.

Subcontracts, Generally. (A) The Contractor shall maintain the ultimate responsibility for adhering to and otherwise fully complying with all terms and conditions of this Contract, notwithstanding any relationship(s) that the Contractor may have with any Subcontractor. (B) If any of the Contractor’s activities or obligations under this Contract are delegated to a Subcontractor, the Contractor shall ensure that: (1) the activities and obligations, and related reporting responsibilities, are specified in the contract or written agreement between the Contractor and the Subcontractor; and (2) the contract or written arrangement between the Contractor and the Subcontractor must either provide for the revocation of the delegation of activities or obligations, or specify other remedies in instances where the Department or the Contractor determines that the Subcontractor has not performed satisfactorily. (C) Contracts between the Contractor and any Subcontractor shall require the Subcontractor to: (1) comply with all applicable Medicaid laws and regulations, including applicable subregulatory guidance and contract provisions; (2) agree that the Department, CMS, the HHS Department of Health and Human Services Inspector General, the Comptroller General, or their designees have the right to audit, evaluate, and inspect any books, records, contracts, computer or other electronic systems of the Subcontractor, or of the Subcontractor’s contractor, that pertain to any aspect of services and activities performed, or determination of amounts payable under the Contract; (3) make available, for the purposes of an audit, evaluation, or inspection by the Department, CMS, the HHS-OIGDepartment of Health and Human Services Inspector General, the Comptroller General or their designees, its premises, physical facilities, equipment, books, records, contracts, computer, or other electronic systems relating to its Enrollees; (4) agree that the right to audit by the Department, CMS, the HHS Department of Health and Human Services Inspector General, the Comptroller General or their designees, will exist through 10 years from the final date of the contract period or from the date of completion of any audit, whichever is later; and (5) agree that if the Department, CMS, or HHS-OIG determines the Department of Health and Human Services Inspector General determine that there is a reasonable possibility of Fraud or similar risk, the State, CMS, or HHS-OIG the DHHS Inspector General may inspect, evaluate, and audit the Subcontractor at any time.

Subcontracts, Generally. (A) The Contractor shall maintain the ultimate responsibility for adhering to and otherwise fully complying with all terms and conditions of this Contract, notwithstanding any relationship(s) that the Contractor may have with any Subcontractor. (B) If The Contractor shall ensure, if any of the Contractor’s activities or obligations under this Contract are delegated to a Subcontractor, the Contractor shall ensure that: (1) the The activities and obligations, and related reporting responsibilities, are specified in the contract or written agreement between the Contractor and the Subcontractor; and. (2) the The contract or written arrangement between the Contractor and the Subcontractor must either provide for the revocation of the delegation of activities or obligations, or specify other remedies in instances where the Department or the Contractor determines that the Subcontractor has not performed satisfactorily. (C) Contracts between the Contractor and any Subcontractor shall require the Subcontractor to: (1) to comply with all applicable Medicaid and CHIP laws and regulations, including applicable subregulatory sub regulatory guidance and contract provisions;. (2D) Contracts between the Contractor and any Subcontractor shall require the Subcontractor to agree that the Department, CMS, the HHS Department of Health and Human Services Inspector General, the Comptroller General, or their designees have the right to audit, evaluate, and inspect any books, records, contracts, computer or other electronic systems of the Subcontractor, or of the Subcontractor’s contractor, that pertain to any aspect of services and activities performed, or determination of amounts payable under the Contract;. (3E) Contracts between the Contractor and any Subcontractor shall require the Subcontractor to make available, for the purposes of an audit, evaluation, or inspection by the Department, CMS, the HHS-OIGDepartment of Health and Human Services Inspector General, the Comptroller General or their designees, its premises, physical facilities, equipment, books, records, contracts, computer, or other electronic systems relating to its Enrollees;. (4F) Contracts between the Contractor and any Subcontractor shall require the Subcontractor to agree that the right to audit by the Department, CMS, the HHS Department of Health and Human Services Inspector General, the Comptroller General or their designees, will exist through 10 years from the final date of the contract period or from the date of completion of any audit, whichever is later; and. (5G) agree Contracts between the Contractor and any Subcontractor shall require that if the Department, CMS, or HHS-OIG determines the Department of Health and Human Services Inspector General determine that there is a reasonable possibility of Fraud fraud or similar risk, the State, CMS, or HHS-OIG the DHHS Inspector General may inspect, evaluate, and audit the Subcontractor at any time.