Intermediate Sanctions Clause Samples
The Intermediate Sanctions clause establishes penalties or corrective measures that can be imposed for violations or non-compliance that do not rise to the level of a material breach. Typically, this clause allows a party to impose fines, require remedial actions, or temporarily suspend certain rights or privileges if the other party fails to meet specific obligations. By providing a structured response to minor infractions, the clause helps maintain contract performance and discipline without resorting to termination, thereby offering a proportional and flexible approach to enforcement.
Intermediate Sanctions. The MA-PD Sponsor shall be subject to sanctions and civil monetary penalties, consistent with Subpart O of 42 CFR Part 423.
Intermediate Sanctions. Contractor is subject to the imposition of sanctions as authorized by State law including the SDOH's right to impose sanctions for unacceptable practices as set forth in Title 18 of the Official Compilation of Codes, Rules and Regulations of the State of New York (NYCRR) Part 515 and civil and monetary penalties pursuant to 18 NYCRR Part 516 and such other sanctions and penalties as are authorized by local laws and ordinances and
Intermediate Sanctions. Consistent with Subpart O of 42 CFR Part 423, the PDP Sponsor shall be subject to sanctions and civil money penalties.
Intermediate Sanctions. The department may impose intermediate sanctions on the PM (short of termination of this agreement) pursuant to the following:
A. The intermediate sanctions that the department may impose under this agreement are the following:
1. Recovery of patient management fees paid 2. A period of probation, subject to a plan of corrective action.
B. Intermediate sanctions other than appointment of temporary management may be imposed if the department determines that the PM has acted or failed to act as follows:
1. Has failed substantially to provide medically necessary services that the PM is required to provide, under law or under this agreement, to an enrollee;
2. Has acted to discriminate among enrollees on the basis of their health status or need for health care services, including termination of enrollment (except as permitted under section V E) or any practice that would reasonably be expected to discourage enrollment by members whose medical condition or history indicates probable need for substantial future medical services;
3. Has misrepresented or falsified information furnished to the Centers for Medicare and Medicaid Services or to the department;
4. Has misrepresented or falsified information furnished to an enrollee, potential enrollee, or health care provider;
5. Has distributed, directly or indirectly through any agent or independent contractor, marketing materials that have not been approved by the department or that contain false or materially misleading information;
6. Has otherwise failed to adhere to terms of this agreement, including but not limited to failure to properly notify the department of changes in status or failure to maintain proper records and documentation; or
7. Has violated any of the other requirements of ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ Code sections 1396b(m), 1396d(t)(3), 1396u- 2, or any implementing federal regulations (grounds for sanctions listed in A (5)-(7) only).
C. Before imposing any intermediate sanction the department will give the PM written notice that explains the following:
1. The basis and nature of the sanction; and
2. The date the sanction will take effect, which shall be at least ten (10) days following notification.
D. The department retains the authority to impose sanctions against the PM under 441 Iowa Admin. Code 79.
Intermediate Sanctions. 20.1 The District has the right to discipline unit members for just cause, up to and including suspension without pay for up to ten (10) days. The causes for discipline under this section shall be limited to the causes for discharge contained in the Education Code. See Appendix D for applicable education code sections.
20.2 The Board shall not inquire into, nor predicate any adverse action upon a teacher’s personal, political, and organizational activities or preferences, unless such activities and preferences affect the teacher’s job performance.
20.3 Effective July 1, 1992, suspensions without pay of two days or more are grievable up to the Level V of the grievance procedure.
20.4 Effective July 1, 1992, for grievances involving disciplinary action of less than two (2) days suspension without pay, if the employee is not satisfied with the results of the decision at Level III of the grievance procedure, he/she may request that the Association submit the grievance to the Board of Trustees. If the Association concurs with the employee’s request, the Association shall, within ten (10) days of the decision at Level III, submit a request in writing to the Superintendent for a meeting with the Board of Trustees. Such meeting shall be held in closed session with only the employee and one representative in attendance. The District may have two administrators plus the Superintendent in attendance. Such meeting with the Board shall be held as soon as reasonably possible after the request by the Association.
Intermediate Sanctions. A. Monetary penalties of up five percent (5%) of the Contractor’s payment for each month in which the penalty is assessed or a recoupment of a review rate(s), depending on the severity of infraction.
B. The DEPARTMENT, in its sole discretion may reallocate monies withheld as a sanction. The Contractor shall have neither claim upon nor opportunity to recoup monies withheld as a sanction per this section.
C. The DEPARTMENT will remove its sanction upon determining that the Contractor has met its performance obligations during a subsequent month. The payment process will then resume.
Intermediate Sanctions. The Secretary of HSD/MAD or designee shall impose upon the CONTRACTOR any of the following intermediate sanctions:
(a) civil monetary penalties in the amounts specified in the 42 CFR Section 438.704;
(b) appointing temporary management for the CONTRACTOR or a State Monitor as provided in 42 CFR Section 438.706;
(c) granting members the right to terminate enrollment without cause (affected members will be notified by HSD/MAD of their right to disenroll);
(d) suspending all new enrollment, including default enrollment after the effective date of sanction; and
(e) suspending of payment for members enrolled after the effective date of the sanction until HSD/MAD or CMS is satisfied that the reason for imposing the sanction no longer exists and is not likely to recur.
Intermediate Sanctions. No PSI Company or Business of any PSI Company and, to the knowledge of the PSI Companies after due and reasonable inquiry, no other Regulated Company or Business of any other Regulated Company has (i) engaged in any transaction with any entity that is tax-exempt under Section 501(c)(3) or (4) of the Code that has resulted in the imposition on such Regulated Company or Business of any tax under Section 4958 of the Code or (ii) engaged in an "excess benefit transaction" (as defined in such Section 4958 of the Code) with any such tax-exempt entity.
Intermediate Sanctions. HSD may issue an intermediate sanction in the form of administrative order requiring the CONTRACTOR to cease or modify any specified conduct or practice engaged in by it or its employees, subcontractors, or agents to fulfill its contractual obligations in the manner specified in the order, provide any services that have been denied or take steps to provide or arrange for the provision of any services that it has agreed or is otherwise obligated to make available.
Intermediate Sanctions. The PACE Organization shall be subject to sanctions and civil money penalties, consistent with Subpart O of 42 CFR Part 423.