Common use of Temporary Management Clause in Contracts

Temporary Management. AHS may impose temporary management if it finds that: • There is continued egregious behavior by DVHA, including, but not limited to behavior that is described in 42 CFR 438.700, or that is contrary to any requirements of sections 1903(m) and 1932 of the Act; or • There is substantial risk to enrollees’ health; or • The sanction is necessary to ensure the health of DVHA’s enrollees while improvements are made to remedy violations under 438.700 or until there is an orderly contract termination or reorganization of DVHA. Nothing in this subpart should be construed as requiring AHS to impose temporary management in these situations. However, AHS will impose temporary management if it finds that DVHA has repeatedly failed to meet substantive requirements in section 1903(m) or section 1932 of the Social Security Act. AHS will also grant enrollees the right to terminate enrollment without cause and will notify affected enrollees of their right to terminate. AHS will not delay imposition of temporary management to provide a hearing before imposing this sanction. AHS will not terminate temporary management until it determines that DVHA can ensure that the sanctioned behavior will not reoccur.

Temporary Management. AHS may impose temporary management if it finds that: • There is continued egregious behavior by DVHA, including, but not limited to behavior that is described in 42 CFR 438.700, or that is contrary to any requirements of sections 1903(m) and 1932 of the Act; or • There is substantial risk to enrollees’ health; or • The sanction is necessary to ensure the health of DVHA’s enrollees while improvements are made to remedy violations under 438.700 or until there is an orderly contract termination or reorganization of DVHA. Nothing in this subpart should be construed as requiring AHS to impose temporary management in these situations. However, AHS will impose temporary management if it finds that DVHA has repeatedly failed to meet substantive requirements in section 1903(m) or section 1932 of the Social Security Act. AHS will also grant enrollees the right to terminate enrollment without cause and will notify affected enrollees of their right to terminate. AHS will not delay imposition of temporary management to provide a hearing before imposing this sanction. AHS will not terminate temporary management until unit it determines that DVHA can ensure that the sanctioned behavior will not reoccur.