Common use of Tailored remedies Clause in Contracts

Tailored remedies. (a) Understanding of the Parties. The MA Dual SNP agrees and understands that HHSC may pursue tailored contractual remedies for material noncompliance with this Agreement, to the extent that noncompliance is not due to adherence with the requirements of the MA Agreement. At any time and at its discretion, HHSC may impose or pursue one or more remedies for each item of material noncompliance and will determine remedies on a case-by-case basis. HHSC’s pursuit or non-pursuit of a tailored remedy does not constitute a waiver of any other remedy that HHSC may have at law or equity. (b) Corrective action plan. (1) At its option, HHSC may require the MA Dual SNP to submit a written plan (Corrective Action Plan) to correct or resolve a deficiency or breach of this Agreement, as determined by HHSC. (2) The Corrective Action Plan must provide: (A) A detailed explanation of the reasons for the cited deficiency; (B) The MA Dual SNP’s assessment or diagnosis of the cause; and (C) A specific proposal to cure or resolve the deficiency; and (D) The MA Dual SNP’s timeline for cure or resolution of the deficiency. (3) The Corrective Action Plan must be submitted by the deadline set forth in HHSC’s written request for a Corrective Action Plan, unless an extension is granted by HHSC. The Corrective Action Plan is subject to approval by HHSC. (4) HHSC will notify the MA Dual SNP in writing of HHSC’s final disposition of HHSC’s concerns. If HHSC accepts MA Dual SNP’s proposed Corrective Action Plan, HHSC may: (A) Condition such approval on completion of tasks in the order of priority that HHSC may reasonably prescribe; (B) Disapprove portions of the MA Dual SNP’s proposed Corrective Action Plan; or (C) Require additional or different corrective actions relating to the breach. Notwithstanding the submission and acceptance of a Corrective Action Plan, the MA Dual SNP remains responsible for achieving all contractual requirements. (5) HHSC’s acceptance of a Corrective Action Plan under this Section will not: (A) Excuse the MA Dual SNP’s prior substandard performance; (B) Relieve the MA Dual SNP of its duty to comply with performance standards; or (C) Prohibit HHSC from assessing additional tailored remedies or pursuing other appropriate remedies for continued substandard performance.

Tailored remedies. (a) Understanding of the Parties. The MA Dual SNP MCO agrees and understands that HHSC may pursue tailored contractual remedies for material noncompliance with this Agreement, to the extent that noncompliance is not due to adherence with the requirements of the MA AgreementContract. At any time and at its discretion, HHSC may impose or pursue one (1) or more remedies for each item of material noncompliance and will determine remedies on a case-by-case basis. HHSC’s pursuit or non-pursuit of a tailored remedy does not constitute a waiver of any other remedy that HHSC may have at law or equity. (b) Notice and opportunity to cure for non-material breach. (1) HHSC will notify MCO in writing of specific areas of MCO performance that fail to meet performance expectations, standards, or schedules set forth in the Contract, but that, in the determination of HHSC, do not result in a material deficiency or delay in the implementation or operation of the Services. (2) MCO will, within five (5) Business Days (or another date approved by HHSC) of receipt of written notice of a non-material deficiency, provide the HHSC Project Manager a written response that: (i) Explains the reasons for the deficiency, MCO’s plan to address or cure the deficiency, and the date and time by which the deficiency will be cured; or (ii) If MCO disagrees with HHSC’s findings, its reasons for disagreeing with HHSC’s findings. (3) MCO’s proposed cure of a non-material deficiency is subject to the approval of HHSC. MCO’s repeated commission of non-material deficiencies or repeated failure to resolve any such deficiencies may be regarded by HHSC as a material deficiency and entitle HHSC to pursue any other remedy provided in the Contract or any other appropriate remedy HHSC may have at law or equity. (c) Corrective action plan. (1) At its option, HHSC may require the MA Dual SNP MCO to submit to HHSC a written plan (the “Corrective Action Plan”) to correct or resolve a deficiency or material breach of this AgreementContract, as determined by HHSC. (2) The Corrective Action Plan must provide: (Ai) A detailed explanation of the reasons for the cited deficiency; (Bii) The MA Dual SNPMCO’s assessment or diagnosis of the cause; and (Ciii) A specific proposal to cure or resolve the deficiency; and (D) The MA Dual SNP’s timeline for cure or resolution of the deficiency. (3) The Corrective Action Plan must be submitted by the deadline set forth in HHSC’s written request for a Corrective Action Plan, unless an extension is granted by HHSC. The Corrective Action Plan is subject to approval by HHSC, which will not unreasonably be withheld. (4) HHSC will notify the MA Dual SNP MCO in writing of HHSC’s final disposition of HHSC’s concerns. If HHSC accepts MA Dual SNPMCO’s proposed Corrective Action Plan, HHSC may: (Ai) Condition such approval on completion of tasks in the order of or priority that HHSC may reasonably prescribe; (Bii) Disapprove portions of the MA Dual SNPMCO’s proposed Corrective Action Plan; or (Ciii) Require additional or different corrective actions relating to the breachaction(s). Notwithstanding the submission and acceptance of a Corrective Action Plan, the MA Dual SNP MCO remains responsible for achieving all contractual requirementswritten performance criteria. (5) HHSC’s acceptance of a Corrective Action Plan under this Section will not: (Ai) Excuse the MA Dual SNPMCO’s prior substandard performance; (Bii) Relieve the MA Dual SNP MCO of its duty to comply with performance standards; or (Ciii) Prohibit HHSC from assessing additional tailored remedies or pursuing other appropriate remedies for continued substandard performance.

Tailored remedies. (a) Understanding of the Parties. The MA Dual SNP Health Plan agrees and understands that HHSC may pursue tailored contractual remedies for material noncompliance with this Agreement, to the extent that noncompliance is not due to adherence with the requirements of the MA Agreement. At any time and at its discretion, HHSC may impose or pursue one or more remedies for each item of material noncompliance and will determine remedies on a case-by-case basis. HHSC’s pursuit or non-pursuit of a tailored remedy does not constitute a waiver of any other remedy that HHSC may have at law or equity. (b) Corrective action plan. (1) At its option, HHSC may require the MA Dual SNP Health Plan to submit a written plan (Corrective Action Plan) to correct or resolve a deficiency or breach of this Agreement, as determined by HHSC. (2) The Corrective Action Plan must provide: (A) A detailed explanation of the reasons for the cited deficiency; (B) The MA Dual SNP’s Health Plan's assessment or diagnosis of the cause; and (C) A specific proposal to cure or resolve the deficiency; and (D) The MA Dual SNP’s Health Plan's timeline for cure or resolution of the deficiency. (3) The Corrective Action Plan must be submitted by the deadline set forth in HHSC’s written request for a Corrective Action Plan, unless an extension is granted by HHSC. The Corrective Action Plan is subject to approval by HHSC. (4) HHSC will notify the MA Dual SNP Health Plan in writing of HHSC’s final disposition of HHSC’s concerns. If HHSC accepts MA Dual SNPHealth Plan’s proposed Corrective Action Plan, HHSC may: (A) Condition such approval on completion of tasks in the order of priority that HHSC may reasonably prescribe; (B) Disapprove portions of the MA Dual SNPHealth Plan’s proposed Corrective Action Plan; or (C) Require additional or different corrective actions relating to the breach. Notwithstanding the submission and acceptance of a Corrective Action Plan, the MA Dual SNP Health Plan remains responsible for achieving all contractual requirements. (5) HHSC’s acceptance of a Corrective Action Plan under this Section will not: (A) Excuse the MA Dual SNPHealth Plan’s prior substandard performance; (B) Relieve the MA Dual SNP Health Plan of its duty to comply with performance standards; or (C) Prohibit HHSC from assessing additional tailored remedies or pursuing other appropriate remedies for continued substandard performance.

Tailored remedies. (a) Understanding of the Parties. The MA Dual SNP agrees and understands that HHSC may pursue tailored contractual remedies for material noncompliance with this Agreement, to the extent that noncompliance is not due to adherence with the requirements of the MA Agreement. At any time and at its discretion, HHSC may impose or pursue one or more remedies for each item instance of material noncompliance and will determine remedies on a case-by-case basis. HHSC’s pursuit or non-pursuit of a tailored remedy does not constitute a waiver of any other remedy that HHSC may have pursuant to this Agreement or at law or equity. (b) Corrective action plan. (1) At its optiondiscretion, HHSC may require the MA Dual SNP to submit a written plan (“Corrective Action Plan”) to correct or resolve a deficiency or breach of this Agreement, as determined by HHSC. (2) The Corrective Action Plan must provide: (A) A detailed explanation of the reasons for the cited deficiency; (B) The MA Dual SNP’s assessment or diagnosis of the cause; and (C) A specific proposal to cure or resolve the deficiency; and (D) The MA Dual SNP’s timeline for cure or resolution of the deficiency. (3) The Corrective Action Plan must be submitted by the deadline set forth in HHSC’s written request for a Corrective Action Plan, unless an extension is granted by HHSC. . (4) The Corrective Action Plan is subject to approval by HHSC. (45) HHSC will notify the MA Dual SNP in writing of HHSCwhether HHSC approves of the MA Dual SNP’s final disposition of HHSC’s concerns. proposed Correction Action Plan. (6) If HHSC accepts approves the MA Dual SNP’s proposed Corrective Action Plan, HHSC may: (A) Condition may condition such approval on completion of tasks in the order of priority that HHSC may reasonably prescribe;, (B7) If HHSC does not approve the MA Dual SNP’s proposed Correction Action Plan, HHSC may: (A) Disapprove portions of the MA Dual SNP’s proposed Corrective Action Plan; or (CB) Require additional or different corrective actions relating to the breach. Notwithstanding the submission and acceptance of a Corrective Action Plan, the MA Dual SNP remains responsible for achieving all contractual requirements. (5) 8) HHSC’s acceptance of a Corrective Action Plan under this Section will not: (A) Excuse the MA Dual SNP’s prior substandard performance; (B) Relieve the MA Dual SNP of its duty to comply with performance standards; or (C) Prohibit HHSC from assessing additional tailored remedies or pursuing other appropriate remedies for continued substandard performance.

Tailored remedies. (a) Understanding of the Parties. The MA Dual SNP agrees and understands that HHSC may pursue tailored contractual remedies for material noncompliance with this Agreement, to the extent that noncompliance is not due to adherence with the requirements of the MA Agreement. At any time and at its discretion, HHSC may impose or pursue one or more remedies for each item of material noncompliance and will determine remedies on a case-by-case basis. HHSC’s pursuit or non-pursuit of a tailored remedy does not constitute a waiver of any other remedy that HHSC may have at law or equity. (b) Corrective action plan. (1) At its option, HHSC may require the MA Dual SNP to submit a written plan (( Corrective Action Plan) to correct or resolve a deficiency or breach of this Agreement, as determined by HHSC. (2) The Corrective Action Plan must provide: (A) A detailed explanation of the reasons for the cited deficiency; (B) The MA Dual SNP’s assessment or diagnosis of the cause; and (C) A specific proposal to cure or resolve the deficiency; and (D) The MA Dual SNP’s timeline for cure or resolution of the deficiency. (3) The Corrective Action Plan must be submitted by the deadline set forth in HHSC’s written request for a Corrective Action Plan, unless an extension is granted by HHSC. The Corrective Action Plan is subject to approval by HHSC, which will not be withheld unreasonably. (4) HHSC will notify the MA Dual SNP in writing of HHSC’s final disposition of HHSC’s concerns. If HHSC accepts MA Dual SNP’s proposed Corrective Action Plan, HHSC may: (A) Condition such approval on completion of tasks in the order of priority that HHSC may reasonably prescribe; (B) Disapprove portions of the MA Dual SNP’s proposed Corrective Action Plan; or (C) Require additional or different corrective actions relating to the breach. Notwithstanding the submission and acceptance of a Corrective Action Plan, the MA Dual SNP remains responsible for achieving all contractual requirements. (5) HHSC’s acceptance of a Corrective Action Plan under this Section will not: (A) Excuse the MA Dual SNP’s prior substandard performance; (B) Relieve the MA Dual SNP of its duty to comply with performance standards; or (C) Prohibit HHSC from assessing additional tailored remedies or pursuing other appropriate remedies for continued substandard performance.

Tailored remedies. (a) Understanding of the Parties. The MA Dual SNP HMO agrees and understands that HHSC may pursue tailored contractual remedies for material noncompliance with this Agreement, to the extent that noncompliance is not due to adherence with the requirements of the MA AgreementContract. At any time and at its discretion, HHSC may impose or pursue one or more remedies for each item of material noncompliance and will determine remedies on a case-by-case basis. HHSC’s pursuit or non-pursuit of a tailored remedy does not constitute a waiver of any other remedy that HHSC may have at law or equity. (b) Notice and opportunity to cure for non-material breach. (1) HHSC will notify HMO in writing of specific areas of HMO performance that fail to meet performance expectations, standards, or schedules set forth in the Contract, but that, in the determination of HHSC, do not result in a material deficiency or delay in the implementation or operation of the Services. (2) HMO will, within five (5) Business Days (or another date approved by HHSC) of receipt of written notice of a non-material deficiency, provide the HHSC Project Manager a written response that: (A) Explains the reasons for the deficiency, HMO’s plan to address or cure the deficiency, and the date and time by which the deficiency will be cured; or (B) If HMO disagrees with HHSC’s findings, its reasons for disagreeing with HHSC’s findings. (3) HMO’s proposed cure of a non-material deficiency is subject to the approval of HHSC. HMO’s repeated commission of non-material deficiencies or repeated failure to resolve any such deficiencies may be regarded by HHSC as a material deficiency and entitle HHSC to pursue any other remedy provided in the Contract or any other appropriate remedy HHSC may have at law or equity. (c) Corrective action plan. (1) At its option, HHSC may require the MA Dual SNP HMO to submit to HHSC a written plan (the “Corrective Action Plan”) to correct or resolve a deficiency or material breach of this AgreementContract, as determined by HHSC. (2) The Corrective Action Plan must provide: (A) A detailed explanation of the reasons for the cited deficiency; (B) The MA Dual SNPHMO’s assessment or diagnosis of the cause; and (C) A specific proposal to cure or resolve the deficiency; and (D) The MA Dual SNP’s timeline for cure or resolution of the deficiency. (3) The Corrective Action Plan must be submitted by the deadline set forth in HHSC’s written request for a Corrective Action Plan, unless an extension is granted by HHSC. The Corrective Action Plan is subject to approval by HHSC, which will not unreasonably be withheld. (4) HHSC will notify the MA Dual SNP HMO in writing of HHSC’s final disposition of HHSC’s concerns. If HHSC accepts MA Dual SNPHMO’s proposed Corrective Action Plan, HHSC may: (A) Condition such approval on completion of tasks in the order of or priority that HHSC may reasonably prescribe; (B) Disapprove portions of the MA Dual SNPHMO’s proposed Corrective Action Plan; or (C) Require additional or different corrective actions relating to the breachaction(s). Notwithstanding the submission and acceptance of a Corrective Action Plan, the MA Dual SNP HMO remains responsible for achieving all contractual requirementswritten performance criteria. (5) HHSC’s acceptance of a Corrective Action Plan under this Section will not: (A) Excuse the MA Dual SNPHMO’s prior substandard performance; (B) Relieve the MA Dual SNP HMO of its duty to comply with performance standards; or (C) Prohibit HHSC from assessing additional tailored remedies or pursuing other appropriate remedies for continued substandard performance.

Tailored remedies. (a) Understanding of the Parties. The MA Dual SNP HMO agrees and understands that HHSC may pursue tailored contractual remedies for material noncompliance with this Agreement, to the extent that noncompliance is not due to adherence with the requirements of the MA AgreementContract. At any time and at its discretion, HHSC may impose or pursue one or more remedies for each item of material noncompliance and will determine remedies on a case-by-case basis. HHSC’s pursuit or non-pursuit of a tailored remedy does not constitute a waiver of any other remedy that HHSC may have at law or equity. (b) Notice and opportunity to cure for non-material breach. (1) HHSC will notify HMO in writing of specific areas of HMO performance that fail to meet performance expectations, standards, or schedules set forth in the Contract, but that, in the determination of HHSC, do not result in a material deficiency or delay in the implementation or operation of the Services. (2) HMO will, within five (5) Business Days (or another date approved by HHSC) of receipt of written notice of a non-material deficiency, provide the HHSC Project Manager a written response that: (A) Explains the reasons for the deficiency, HMO’s plan to address or cure the deficiency, and the date and time by which the deficiency will be cured; or (B) If HMO disagrees with HHSC’s findings, its reasons for disagreeing with HHSC’s findings. (3) HMO’s proposed cure of a non-material deficiency is subject to the approval of HHSC. HMO’s repeated commission of non-material deficiencies or repeated failure to resolve any such deficiencies may be regarded by HHSC as a material deficiency and entitle HHSC to pursue any other remedy provided in the Contract or any other appropriate remedy HHSC may have at law or equity. (c) Corrective action plan. (1) At its option, HHSC may require the MA Dual SNP HMO to submit to HHSC a written plan (the “Corrective Action Plan”) to correct or resolve a deficiency or material breach of this AgreementContract, as determined by HHSC. (2) The Corrective Action Plan must provide: (A) A detailed explanation of the reasons for the cited deficiency; (B) The MA Dual SNPHMO’s assessment or diagnosis of the cause; and (C) A specific proposal to cure or resolve the deficiency; and (D) The MA Dual SNP’s timeline for cure or resolution of the deficiency. (3) The Corrective Action Plan must be submitted by the deadline set forth in HHSC’s written request for a Corrective Action Plan, unless an extension is granted by HHSC. The Corrective Action Plan is subject to approval by HHSC, which will not unreasonably be withheld. (4) HHSC will notify the MA Dual SNP HMO in writing of HHSC’s final disposition of HHSC’s concerns. If HHSC accepts MA Dual SNPHMO’s proposed Corrective Action Plan, HHSC may: (A) Condition such approval on completion of tasks in the order of or priority that HHSC may reasonably prescribe;; Responsible Office: HHSC Office of General Counsel (OGC) Subject: Attachment A -- HHSC Uniform Managed Care Contract Terms & Conditions Version 1.7 (B) Disapprove portions of the MA Dual SNPHMO’s proposed Corrective Action Plan; or (C) Require additional or different corrective actions relating to the breachaction(s). Notwithstanding the submission and acceptance of a Corrective Action Plan, the MA Dual SNP HMO remains responsible for achieving all contractual requirementswritten performance criteria. (5) HHSC’s acceptance of a Corrective Action Plan under this Section will not: (A) Excuse the MA Dual SNPHMO’s prior substandard performance; (B) Relieve the MA Dual SNP HMO of its duty to comply with performance standards; or (C) Prohibit HHSC from assessing additional tailored remedies or pursuing other appropriate remedies for continued substandard performance.