Common use of Suspension of Contract Clause in Contracts

Suspension of Contract. (1) HHSC may suspend performance of all or any part of the Contract if: (A) HHSC determines that HMO has committed a material breach of the Contract; (B) HHSC has reason to believe that HMO has committed, assisted in the commission of Fraud, Abuse, Waste, malfeasance, misfeasance, or nonfeasance by any party concerning the Contract; (C) HHSC determines that the HMO knew, or should have known of, Fraud, Abuse, Waste, malfeasance, or nonfeasance by any party concerning the Contract, and the HMO failed to take appropriate action; or (D) HHSC determines that suspension of the Contract in whole or in part is in the best interests of the State of Texas or the HHSC Programs. (2) HHSC will notify HMO in writing of its intention to suspend the Contract in whole or in part. Such notice will: (A) Be delivered in writing to HMO; (B) Include a concise description of the facts or matter leading to HHSC’s decision; and (C) Unless HHSC is suspending the contract for convenience, request a Corrective Action Plan from HMO or describe actions that HMO may take to avoid the contemplated suspension of the Contract.

Appears in 3 contracts

Samples: Contract Amendment (Centene Corp), Managed Care Contract (Centene Corp), Contract Amendment (Centene Corp)

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Suspension of Contract. (1) HHSC may suspend performance of all or any part of the Contract if: (Ai) HHSC determines that HMO MCO has committed a material breach of the Contract; (Bii) HHSC has reason to believe that HMO MCO has committed, assisted in the commission of Fraud, Waste, or Abuse, Waste, malfeasance, misfeasance, or nonfeasance by any party concerning the Contract; (Ciii) HHSC determines that the HMO MCO knew, or should have known ofknown, of Fraud, Waste or, Abuse, Waste, malfeasance, or nonfeasance by any party concerning the Contract, and the HMO MCO failed to take appropriate action; or (Div) HHSC determines that suspension of the Contract in whole or in part is in the best interests of the State of Texas or the HHSC Programs. (2) HHSC will notify HMO MCO in writing of its intention to suspend the Contract in whole or in part. Such notice will: (Ai) Be delivered in writing to HMOMCO; (Bii) Include a concise description of the facts or matter leading to HHSC’s decision; and (Ciii) Unless HHSC is suspending the contract for convenience, request a Corrective Action Plan from HMO MCO or describe actions that HMO MCO may take to avoid the contemplated suspension of the Contract.

Appears in 1 contract

Samples: HHSC Star Kids Contract

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Suspension of Contract. (1) HHSC may suspend performance of all or any part of the Contract if: (A) HHSC determines that HMO has committed a material breach of the Contract; (B) HHSC has reason to believe that HMO has committed, assisted in the commission of Fraud, Abuse, WasteXxxxx, malfeasance, misfeasance, or nonfeasance by any party concerning the Contract; (C) HHSC determines that the HMO knew, or should have known of, Fraud, Abuse, Waste, malfeasance, or nonfeasance by any party concerning the Contract, and the HMO failed to take appropriate action; or (D) HHSC determines that suspension of the Contract in whole or in part is in the best interests of the State of Texas or the HHSC Programs. (2) HHSC will notify HMO in writing of its intention to suspend the Contract in whole or in part. Such notice will: (A) Be delivered in writing to HMO; (B) Include a concise description of the facts or matter leading to HHSC’s decision; and (C) Unless HHSC is suspending the contract for convenience, request a Corrective Action Plan from HMO or describe actions that HMO may take to avoid the contemplated suspension of the Contract.

Appears in 1 contract

Samples: Managed Care Contract (Centene Corp)

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