Common use of Delegation of Activities Clause in Contracts

Delegation of Activities. (a) Newco has delegated certain obligations under the applicable CMS Contract and DHS Contract to Vendor. Vendor acknowledges and agrees that Newco may revoke such delegation of Services or sanction Vendor in instances where CMS, DHS or Newco determines that Vendor has not performed satisfactorily with respect to Services provided to Newco members. Vendor acknowledges and agrees that to the extent CMS or DHS directs revocation, Newco shall provide immediate written notice of such to Vendor, and such revocation shall become effective as directed by CMS or DHS. Vendor shall cooperate with Newco regarding the transition of any delegated activities or reporting requirements that have been revoked by Newco. No additional financial obligations shall accrue to Newco with respect to such revoked activities from and after the date of such revocation in accordance with this section. (b) If Newco delegates any of its obligations under the applicable CMS Contract to Vendor, other than the activities described herein and in the Agreement, Newco and Vendor agree to update the Agreement and this Addendum, as applicable, to reflect the newly delegated activities and to specify the reporting obligations of Vendor to Newco or its contractors. (c) If Newco has delegated to Vendor any activities related to the credentialing of health care providers, Vendor must comply with all applicable CMS and DHS requirements for credentialing including, but not limited to, the requirement that the credentials of medical professionals must either by reviewed by Newco or its designee, or the credentialing process must be reviewed, pre-approved and audited on an ongoing basis by Newco or its designee. (d) If Newco has delegated to Vendor the selection of health care providers, to be participating providers in Newco’s Medicare provider network, or the selection of any other contractor, subcontractor, or other Downstream Entity, Newco retains the right to approve, suspend or terminate the participation status of such health care providers or arrangement with such contractors, subcontractors, or other Downstream Entities.

Delegation of Activities. (a) Newco has delegated certain obligations under the applicable CMS Contract and DHS Contract to Vendor. Vendor acknowledges and agrees that Newco may revoke such delegation of Services or sanction Vendor in instances where CMS, DHS or Newco determines that Vendor has not performed satisfactorily with respect to Services provided to Newco members. Vendor acknowledges and agrees that to the extent CMS or DHS directs revocation, Newco shall provide immediate written notice of such to Vendor, and such revocation shall become effective as directed by CMS or DHS. Vendor shall cooperate with Newco regarding the transition of any delegated activities or reporting requirements that have been revoked by Newco▇▇▇▇▇. No additional financial obligations shall accrue to Newco with respect to such revoked activities from and after the date of such revocation in accordance with this section. (b) If Newco delegates any of its obligations under the applicable CMS Contract to Vendor, other than the activities described herein and in the Agreement, Newco and Vendor agree to update the Agreement and this Addendum, as applicable, to reflect the newly delegated activities and to specify the reporting obligations of Vendor to Newco or its contractors. (c) If Newco has delegated to Vendor any activities related to the credentialing of health care providers, Vendor must comply with all applicable CMS and DHS requirements for credentialing including, but not limited to, the requirement that the credentials of medical professionals must either by reviewed by Newco or its designee, or the credentialing process must be reviewed, pre-approved and audited on an ongoing basis by Newco or its designee. (d) If Newco has delegated to Vendor the selection of health care providers, to be participating providers in Newco’s Medicare provider network, or the selection of any other contractor, subcontractor, or other Downstream Entity, Newco retains the right to approve, suspend or terminate the participation status of such health care providers or arrangement with such contractors, subcontractors, or other Downstream Entities.