Common use of Contract Non-Compliance Clause in Contracts

Contract Non-Compliance. MSHN may use a variety of means to assure implementation of and compliance with contract and/or reporting requirements, policies, procedures, performance standards and indicators and other mandates of the MSHN. MSHN shall pursue remedial action and possible sanctions as needed, on a progression basis, to resolve outstanding issues, contract, policy, procedure violations or performance concerns. In the event of non-compliance by the PROVIDER and/or its subcontractors, MSHN may take any of the following actions: a. Discussion with the PROVIDER to identify potential barriers to effective performance and to identify and implement mutually agreeable solutions to performance problems. b. Require a corrective action plan and specified status reports that become a contract performance expectation. c. The withholding of payment, in the event that the above noted items have not been successful, the withholding of payment shall be in accordance with MSHN Compliance: Provider Contract Non-Compliance Procedure. Prior to withholding payment, MSHN will give sixty (60) days’ notice to allow for a period of correction, except for occurrences of required reports not being submitted as outlined in Section H.2 – Delinquent Reports. d. Recoupment of monies from disbursement. e. Revocation or suspension of identified applicable delegated functions and/or authorizations until such time as the non-compliance issue(s) have been corrected. f. Contract termination in instances of material breach, or where the identified steps above have not resolved the deficiency.