Common use of CMS Responsibilities Clause in Contracts

CMS Responsibilities. Pursuant to section 1196 of the Act and any applicable guidance and regulations implementing those provisions: (a) CMS shall engage with an MTF Data Module Contractor and MTF Payment Module Contractor to establish the MTF to facilitate the exchange of data and payment. (b) CMS shall provide technical instructions and ensure that user inquiries from the Manufacturer are addressed regarding the MTF DM and MTF PM. (c) CMS shall provide a complaint mechanism through the MTF DM to address concerns raised by the Manufacturer regarding MFP availability and any issues with the MTF, if good faith efforts to address issues with dispensing entities directly are not successful. (d) CMS shall provide a dispute mechanism within the MTF DM to address technical challenges or issues with a technical aspect of the MTF DM or MTF PM system or process. (e) CMS shall provide a Ledger System as described in section I(d) of this Agreement. (f) In accordance with section 1196 of the Act, CMS shall monitor compliance by the Manufacturer with the terms of this Agreement, any applicable guidance and regulations, and the Negotiation Program Agreement(s). Part of CMS’ monitoring efforts include the audit process established in section V of this Agreement. (g) In its sole discretion, CMS may use information related to this Agreement, including, without limitation, information about and generated by the Manufacturer, and, to promote compliance with the statutes, regulations and written directives of Medicare, Medicaid and all other Federal health care programs (as defined in 42 U.S.C. § 1320a-7b(f)) (“Federal health care program”), CMS may disclose such information to law enforcement and regulatory authorities.

CMS Responsibilities. Pursuant to section 1196 of the Act and any applicable guidance and regulations implementing those provisions, CMS shall: (a) CMS shall engage Engage with an MTF Data Module Contractor and MTF Payment Module Contractor to establish the MTF to facilitate the exchange of data and paymentpayment in connection with MFP effectuation. (b) CMS shall provide Provide technical instructions and ensure that user inquiries from the Manufacturer are addressed regarding the MTF DM and MTF PM. (c) CMS shall provide Provide a complaint mechanism through the MTF DM to address concerns raised by the Manufacturer regarding MFP availability and any issues with the MTF, if good faith efforts to address issues with dispensing entities directly are not successful. (d) CMS shall provide Provide a dispute mechanism within the MTF DM to address technical challenges or issues with a technical aspect of the MTF DM or MTF PM system or process. (e) CMS shall provide Provide for a Ledger System as described in section I(d) of this Agreement. (f) In accordance with section 1196 of the Act, CMS shall monitor compliance by the Manufacturer with the terms of this Agreement, any applicable guidance and regulations, and the Negotiation Program Agreement(s). Part of CMS’ monitoring efforts include the audit process established in section V VI of this Agreement. (g) In its sole discretiondiscretion and to the extent permitted by applicable law, including section 1193(c) of the Act, to promote compliance with the statutes, regulations, and written directives of Medicare, Medicaid, and other Federal health care programs (as defined in 42 U.S.C. § 1320a-7b(f)), CMS may use and disclose to other law enforcement and regulatory authorities, information related to this Agreement, including, without limitation, information about and generated by the Manufacturer, and, to promote compliance with the statutes, regulations and written directives of Medicare, Medicaid and all other Federal health care programs (as defined in 42 U.S.C. § 1320a-7b(f)) (“Federal health care program”), CMS may disclose such information to law enforcement and regulatory authorities.