Treatment of Unallowable Costs Previously Submitted for. Payment: KDMC further agrees that within 90 days of the Effective Date of this Agreement it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by KDMC or any of its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the unallowable costs. KDMC agrees that the United States, at a minimum, shall be entitled to recoup from KDMC any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by KDMC or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on KDMC or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.
Treatment of Unallowable Costs Previously Submitted for. Payment: Within 90 days of the Effective Date of this Agreement, USP, United Way, and Argos shall identify and repay by adjustment to future claims for payment or otherwise any Unallowable Costs included in payments previously sought by USP, United Way, and Argos or any of their respective subsidiaries or affiliates from the United States. USP, United Way, and Argos each agree that the United States, at a minimum, shall be entitled to recoup from USP, United Way, or Argos, respectively, any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted requests for payment. The United States, including the Department of Justice and/or the affected agencies, reserves its rights to audit, examine, or re-examine USP, United Way, or Argos’s books and records and to disagree with any calculations submitted by USP, United Way, or Argos or any of their respective subsidiaries or affiliates regarding any Unallowable Costs included in payments previously sought by USP, United Way, or Argos, respectively, or the effect of any such Unallowable Costs on the amount of such payments.
Treatment of Unallowable Costs Previously Submitted for. Payment: CVHS reported costs related to this investigation on its 2013 Medi-Cal home office cost report. During audit, California has eliminated these costs as not related to patient care. CVHS agrees not to contest the removal of such costs. CVHS further agrees that within 90 days of the Effective Date of this Agreement it shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, Medicaid and FEHBP fiscal agents, any additional Unallowable Costs (as defined in this Paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by CVHS or any of its subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the unallowable costs. CVHS agrees that the United States and the State of California, at a minimum, shall be entitled to recoup from CVHS any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies, and to California pursuant to the direction of the California Department of Justice. The United States and the State of California reserve their rights to disagree with any calculations submitted by CVHS or any of its subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this Paragraph) on CVHS or any of its subsidiaries or affiliates’ cost reports, cost statements, or information reports.
Treatment of Unallowable Costs Previously Submitted for. Payment: HP further agrees that within 90 days of the Effective Date of this Agreement it shall identify any Unallowable Costs (as defined in this Paragraph) included in payments previously sought by HP or any of its subsidiaries or affiliates from the United States. HP agrees that the United States, at a minimum, shall be entitled to recoup from HP any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs in any such payments. Any payments due shall be paid to the United States pursuant to the direction of the United States Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by HP or any of its subsidiaries or affiliates regarding any Unallowable Costs included in payments previously sought by HP, or the effect of any such Unallowable Costs on the amount of such payments.
