Common use of Termination without Prior Notice Clause in Contracts

Termination without Prior Notice. In the event the Contractor materially fails to meet its obligations under this Contract or has otherwise violated the laws, regulations, or rules that govern the Medicare or MassHealth programs, CMS or EOHHS may take any or all action under this Contract, law, or equity, including but not limited to immediate termination of this Contract. CMS or EOHHS may terminate the Contract in accordance with regulations that are current at the time of the termination. Without limiting the above, if CMS or EOHHS determine that participation of the Contractor in the Medicare or MassHealth program or in the Demonstration, may threaten or endanger the health, safety, or welfare of Enrollees or compromise the integrity of the Medicare or MassHealth program, CMS or EOHHS, without prior notice, may immediately terminate this Contract, suspend the Contractor from participation, withhold any future payments to the Contractor, or take any or all other actions under this Contract, law, or equity. Such action may precede beneficiary enrollment into any Contractor, and shall be taken upon a finding by CMS or EOHHS that the Contractor has not achieved and demonstrated a state of readiness that will allow for the safe and efficient provision of Medicare‑Medicaid services to Medicare‑Medicaid Beneficiaries. United States law will apply to resolve any claim of breach of this Contract. Termination with Prior Notice CMS or EOHHS may terminate this Contract without cause upon no less than ninety (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. 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 Section 5.5.2.1 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. In the event that this Contract is terminated with prior notice per this Section 5.5.2., 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 2.13.2.1.2.1., unless otherwise permitted by CMS and EOHHS. Termination pursuant to Social Security Act § 1115A(b)(3)(B).

Termination without Prior Notice. In the event the Contractor materially fails to meet its obligations under this Contract or has otherwise violated the laws, regulations, or rules that govern the Medicare or MassHealth programs, CMS or EOHHS may take any or all action under this Contract, law, or equity, including but not limited to immediate termination of this Contract. CMS or EOHHS may terminate the Contract in accordance with regulations that are current at the time of the termination. Without limiting the above, if CMS or EOHHS determine that participation of the Contractor in the Medicare or MassHealth program or in the Demonstration, may threaten or endanger the health, safety, or welfare of Enrollees or compromise the integrity of the Medicare or MassHealth program, CMS or EOHHS, without prior notice, may immediately terminate this Contract, suspend the Contractor from participation, withhold any future payments to the Contractor, or take any or all other actions under this Contract, law, or equity. Such action may precede beneficiary enrollment into any Contractor, and shall be taken upon a finding by CMS or EOHHS that the Contractor has not achieved and demonstrated a state of readiness that will allow for the safe and efficient provision of Medicare‑Medicaid Medicare-Medicaid services to Medicare‑Medicaid Medicare-Medicaid Beneficiaries. United States law will apply to resolve any claim of breach of this Contract. Termination with Prior Notice CMS or EOHHS may terminate this Contract without cause upon no less than ninety (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 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 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. 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 Section 5.5.2.1 and non‑renewal 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. In the event that this Contract is terminated with prior notice per this Section 5.5.2., 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 2.13.2.1.2.1., unless otherwise permitted by CMS and EOHHS. Termination pursuant to Social Security Act § 1115A(b)(3)(B).