Common use of Termination with Prior Notice Clause in Contracts

Termination with Prior Notice. 1. CMS or EOHHS may terminate this Contract without cause upon no less than 90 days prior written notice to the other party specifying the termination date, unless applicable law requires otherwise. Per Section 5.7, the Contractor may choose to non-renew prior to the end of each term pursuant to 42 C.F.R. § 422.506(a), except that in Demonstration Year 1 the Contractor may choose to non-renew before August 1 and may terminate the contract by mutual consent of CMS and EOHHS at any time pursuant to 42 C.F.R. § 422.508. In considering requests for termination under 42 C.F.R. § 422.508, CMS and EOHHS will consider, among other factors, financial performance under this Contract in granting consent for termination. Any written communications or oral scripts developed to implement the requirements of 42 C.F.R. § 422.506(a) must be submitted to and approved by CMS and EOHHS prior to their use. 2. Pursuant to 42 C.F.R. §§ 422.506(a)(4) and 422.508(c), CMS considers Contractor termination of this Contract with prior notice as described in paragraph 5.5.B.1 and non-renewal of this Contract as described in Section 5.7 to be circumstances warranting special consideration, and will not prohibit the Contractor from applying for new Medicare Advantage contracts or Service Area expansions for a period of two years due to termination. 3. In the event that this Contract is terminated with prior notice per this Section 5.5.B, the Contractor shall report encounter data and performance measurement results through the effective termination date of the Contract, including but not limited to HEDIS, HOS, and CAHPS, as outlined in Section 2.13.C.1.a., unless otherwise permitted by CMS and MassHealth.

Appears in 2 contracts

Samples: Three Way Contract for Capitated Model, Three Way Contract for Capitated Model

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Termination with Prior Notice. 1. CMS or EOHHS may terminate this Contract without cause upon no less than 90 days prior written notice to the other party specifying the termination date, unless applicable law requires otherwise. Per Section 5.7, the Contractor may choose to non-renew prior to the end of each term pursuant to 42 C.F.R. § 422.506(a), except that in Demonstration Year 1 the Contractor may choose to non-renew before August 1 and may terminate the contract by mutual consent of CMS and EOHHS at any time pursuant to 42 C.F.R. § 422.508. In considering requests for termination under 42 C.F.R. § 422.508, CMS and EOHHS will consider, among other factors, financial performance under this Contract in granting consent for termination. Any written communications or oral scripts developed to implement the requirements of 42 C.F.R. § 422.506(a) must be submitted to and approved by CMS and EOHHS prior to their use. 2. Pursuant to 42 C.F.R. §§ 422.506(a)(4) and 422.508(c), CMS considers Contractor termination of this Contract with prior notice as described in paragraph 5.5.B.1 and non-renewal of this Contract as described in Section 5.7 to be circumstances warranting special consideration, and will not prohibit the Contractor from applying for new Medicare Advantage contracts or Service Area expansions for a period of two years due to termination. 3. In the event that this Contract is terminated with prior notice per this Section 5.5.B, the Contractor shall report encounter data and performance measurement results through the effective termination date of the Contract, including but not limited to HEDIS, HOS, and CAHPS, as outlined in Section 2.13.C.1.a., unless otherwise permitted by CMS and MassHealth.

Appears in 2 contracts

Samples: Three Way Contract for Capitated Model, Three Way Contract for Capitated Model

Termination with Prior Notice. 15.5.2.1. CMS or EOHHS DMAS may terminate this Contract without cause upon no less than 90 180 days prior written notice to the other party specifying the termination date, unless applicable law requires otherwise. Per Section 5.7, the Contractor may choose to non-renew prior to the end of each term pursuant to 42 C.F.R. § 422.506(a), except that in Demonstration Year 1 1, in which the Contractor may choose to non-renew the Contract as of December 31, 2014 provided the Contractor gives notice before August 1 1, 2014, and may terminate the contract by mutual consent of CMS and EOHHS at DMASat any time pursuant to 42 C.F.R. § 422.508. In considering requests for termination under 42 C.F.R. § §422.508, m CMS and EOHHS DMAS will consider, among other factors, financial performance under this Contract and stability in granting consent for termination. Any written communications or oral scripts developed to implement the requirements of 42 C.F.R. § 422.506(a) must be submitted to and approved by CMS and EOHHS DMAS prior to their use. 2. 5.5.2.2. Pursuant to 42 C.F.R. §§ 422.506(a)(4) and 422.508(c), CMS considers Contractor termination of this Contract with prior notice as described in paragraph 5.5.B.1 5.5.1.1 and non-renewal of this Contract as described in Section 5.7 to be circumstances warranting special consideration, and will not prohibit the Contractor from applying for new Medicare Advantage contracts or Service Area expansions for a period of two (2) years due to termination. 3. In the event that this Contract is terminated with prior notice per this Section 5.5.B, the Contractor shall report encounter data and performance measurement results through the effective termination date of the Contract, including but not limited to HEDIS, HOS, and CAHPS, as outlined in Section 2.13.C.1.a., unless otherwise permitted by CMS and MassHealth.

Appears in 1 contract

Samples: Contract

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Termination with Prior Notice. 1. 5.5.2.1 CMS or EOHHS the Department may terminate this Contract without cause upon no less than 90 one hundred eighty (180) days prior written notice to the other party Party specifying the termination date, unless applicable law requires otherwise. Per Section 5.7, the Contractor may choose to non-not renew prior to the end of each term pursuant to 42 C.F.R. § 422.506(a), ) except that in Demonstration Year 1 1, in which the Contractor may choose to non-non renew the contract as of December 31, 2014 provided the Contractor gives notice before August 1 1, 2014, and may terminate the contract by mutual consent of CMS and EOHHS the Department at any time pursuant to 42 C.F.R. § 422.508. In considering requests for termination under 42 C.F.R. § 422.508, CMS and EOHHS the Department will consider, among other factors, financial performance under this Contract and stability in granting consent for termination. Any written communications or oral scripts developed to implement the requirements of 42 C.F.R. § 422.506(a) must be submitted to and approved by CMS and EOHHS the Department prior to their use. 2. Pursuant to 42 C.F.R. §§ 422.506(a)(4) and 422.508(c), CMS considers Contractor termination of this Contract with prior notice as described in paragraph 5.5.B.1 and non-renewal of this Contract as described in Section 5.7 to be circumstances warranting special consideration, and will not prohibit the Contractor from applying for new Medicare Advantage contracts or Service Area expansions for a period of two (2) years due to termination. 3. In the event that this Contract is terminated with prior notice per this Section 5.5.B, the Contractor shall report encounter data and performance measurement results through the effective termination date of the Contract, including but not limited to HEDIS, HOS, and CAHPS, as outlined in Section 2.13.C.1.a., unless otherwise permitted by CMS and MassHealth.

Appears in 1 contract

Samples: Contract

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