Common use of Certification of Data and Information Clause in Contracts

Certification of Data and Information. ‌ 1. With respect to data and information generated or submitted to CMS by the ACO, Next Generation Participants, Preferred Providers, or other individuals or entities performing functions or services related to ACO Activities, the ACO shall ensure that an individual with the authority to legally bind the individual or entity submitting such data or information certifies the accuracy, completeness, and truthfulness of that data and information to the best of his or her knowledge information, and belief. Such certifications are a condition of receiving Shared Savings and Other Monies Owed. 2. At the end of each Performance Year, an individual with the legal authority to bind the ACO must certify to the best of his or her knowledge, information, and belief: (a) That the ACO, its Next Generation Participants, its Preferred Providers, and other individuals or entities performing functions or services related to ACO Activities are in compliance with program requirements; and (b) The accuracy, completeness, and truthfulness of all data and information that are generated or submitted by the ACO, Next Generation Participants, Preferred Providers, or other individuals or entities performing functions or services related to ACO Activities, including any quality data or other information or data relied upon by CMS in determining the ACO’s eligibility for, and the amount of Shared Savings, or the amount of Shared Losses or Other Monies Owed. XVIII. Audits and Record Retention‌ A. Right to Audit and Correction‌ The ACO agrees, and must require all of its Next Generation Participants and its Preferred Providers, and other individuals or entities performing functions or services related to ACO Activities to agree, that the Government, including CMS, HHS, and the Comptroller General or their designees, has the right to audit, inspect, investigate, and evaluate any books, contracts, records, documents and other evidence of the ACO and its Next Generation Participants, its Preferred Providers, and other individuals or entities performing functions or services related to ACO Activities that pertain to the following: 1. The ACO’s compliance with the terms of this Agreement, including provisions that require the ACO to impose duties or requirements on Next Generation Participants or Preferred Providers; 2. Whether Next Generation Participants and Preferred Providers complied with the duties and requirements imposed on them by the ACO pursuant to the terms of this Agreement; 3. The quality of the services performed under this Agreement;