07-L(1) Health Contract - Laserfiche WebLink

Home Browse Search

N. Demand repaymcnt from PERFORMING AGENCY; 0. Reduce the funding amount for failure to achieve or maintain the proposed level of service, to expend funds appropriately and at a rate which will make full use of the award, or to provide services as set out in the Attachment(s); and P. Impose other remedies provided by law. RECEIVING AGENCY will formally notify PERFORMING AGENCY in writing when a sanction is imposed (with the exccption of accelerated monitoring, which may be unannouncod), stating the nature of the sanction(s), the reasons for imposing them, the corrective actions which shall be taken before they will be removed and the time allowed for completing the corrective actions, and the method, if any, of requesting reconsideration of the sanctions imposed. PERFORMIING AGENCY is required to file, within fifteen (15) days of receipt of notice, a written response to RECENING AGENCY'S program/division that sent the notice, aclrnowledging receipt of such notice and stating how PERFORMING AGENCY shall correct the noncompliance ar demonstrating in writing that the findings on which the sanctions are based are either invalid ar do not wairant the sanction(s). If RECENING AGENCY determines that a sanction is warranted, and unless the sanction is subject to review (see Sanction Review Article), RECENING AGENCY'S decision is final and PERFORMING AGENCY shall take corrective action. In an emergency, RECENING AGENCY may immediately terminate or suspend all or part of this contract, temporarily or permanently withhold cash payments, deny contract renewal or futUre contract awards, or delay contract execution by delivering written notice to PERFORMING AGENCY, by any verifiable method, stating the reason for the emcrgency action. An "emergency" is defined as the following: • PERFORMING AGENCY is noncompliant and the noncompliance has a direct adverse impact on the public or client health or safety. The direct adverse impact may be programmatic or financial, impacting health or safety by failing to provide services, providing inadequate services, providing unnecessary services, or utilizing resources so that the public or clients do not receive the benefits contemplated by the scope of work or performance measures; • PERFORMNG AGENCY fails to achieve a performance measure; • PERFORMING AGENCY is paid or requesting payment for expenditures which are not in accordance with applicable federal or state laws and regularions or the provisions of this contract; or • PERFORMING AGENCY is expending funds inappropriately. Whether PERFORMING AGENCY'S conduct or inaction is an emergency will be deteimined by RECENING AGENCY on a case-by-case basis and will be based upon the egtegious nature of the noncompliance or conduct. ARTIC'LE 25. Sanction Review PERFORMIlNG AGENCY may request a review of the imposition of the following sanctions: termination of all or part of this contract, suspension of all or part of this contract, permanent withholding of cash payments, reduction of funding or other amendment resulting from noncompliance, and denial of contract renewal or future contract awards. PERFORMING AGENCY fifteen (15) days from the signed the notification. shall make the request for review in writing to RECENING AGENCY within date of notification by providing written notice of ttie dispute to the person who (Fee for-Service) GENERAL PROVISIONS 612004 Page 16