CHANGE IN MCO ORGANIZATION OR OPERATION. Any Changes to the MCO organizational structure or business operations must be approved in advance by the Bureau in writing. The MCO shall submit any proposed Change to the Bureau at least ninety (90) days in advance of the proposed effective date of the Change, unless the Bureau approves in advance a shorter period. The MCO shall comply with the Bureau's Merger and Acquisition Policy, which is attached hereto as Appendix D. For purposes of this Agreement "Change" means a reorganization, consolidation, merger or other combination with an unaffiliated party, the acquisition of substantially all the assets of the MCO by an unaffiliated party, any action causing the dissolution, insolvency or voluntary bankruptcy of the MCO, a change in the right to appoint, reelect or approve more than fifty percent (50%) of the directors or members of the controlling body of the MCO, or the MCO's becoming subject to a management agreement that covers all or substantially all the business operations of the MCO or any subcontractor or change in subcontractors, or any material change in the business operations of the MCO, including but not limited to changes in information technology or systems. Any unapproved Change to the MCO organizational structure or business operations shall permit the Bureau at its discretion to terminate this Agreement in accordance with the provisions of Section 5B of this Agreement.
Appears in 2 contracts
Sources: Managed Care Agreement (Health Power Inc /De/), Agreement Between Ohio Bureau of Workers' Compensation and Community Insurance Company (Health Power Inc /De/)