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. The 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, the 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 plan of correction and specified status reports that become a contract performance expectation; c. Temporary hold on new client admissions in the event of continual contractual non- compliance and/or identified health or safety issues. d. 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: Contract Compliance Procedure. Prior to withholding payment as noted below, the 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 I.2. e. For sanctions related to all other contract non-compliance issues, MSHN may delay the scheduled payment to the PROVIDER until after compliance is achieved. MSHN may add time to the delay on subsequent uses of this provision. (NOTE: MSHN may apply this sanction in a subsequent payment cycle and will give prior written notice to the PROVIDER). f. Reduction in the PROVIDER authorization/budget in the amount directly related to the MSHN loss of funds due to non-compliance. g. Recoupment of monies from disbursement. h. Revocation or suspension of identified applicable delegated functions and/or authorizations until such time as the non-compliance issue(s) have been corrected; i. Contract termination in instances of material breach, or where the identified steps above have not resolved the deficiency.

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. The 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, the MSHN may take any of the following actions: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 plan of correction and specified status reports that become a contract performance expectation; c. Temporary hold on new client admissions in the event of continual contractual non- compliance and/or identified health or safety issues. d. 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: Contract Compliance Procedure. Prior to withholding payment as noted below, the 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 I.2. e. i. For sanctions related to all other contract non-compliance issues, MSHN may delay the scheduled payment to the PROVIDER until after compliance is achieved. MSHN may add time to the delay on subsequent uses of this provision. (NOTE: MSHN may apply this sanction in a subsequent payment cycle and will give prior written notice to the PROVIDER).the f. d. Reduction in the PROVIDER authorization/budget in the amount directly related to the MSHN loss of funds due to non-compliance. g. e. Recoupment of monies from disbursement.; h. f. Revocation or suspension of identified applicable delegated functions and/or authorizations until such time as the non-compliance issue(s) have been corrected; i. g. Contract termination in instances of material breach, or where the identified steps above have not resolved the deficiency.