Common use of Nonrenewal of Contract Clause in Contracts

Nonrenewal of Contract. A. NONRENEWAL BY THE PDP SPONSOR 1. The PDP Sponsor may elect not to renew its contract with CMS, effective at the end of the term of the contract for any reason as long as PDP Sponsor provides proper notice of the decision according to the required timeframes. 2. If the PDP Sponsor does not intend to renew its contract, it must notify - (a) CMS in writing by the first Monday of June in the year in which the current contract period ends; (b) Each Medicare enrollee, at least 90 days before the date on which the nonrenewal is effective. This notice must include a written description of alternatives available for obtaining qualified prescription drug coverage within the PDP region, including Medicare Advantage-Prescription Drug plans, Medicare cost plans offering a Part D plan, and other PDPs, and must receive CMS approval prior to issuance; and (c) The general public, at least 90 days before the end of the current calendar year, by publishing a notice in one or more newspapers of general circulation in each community or county located in the Part D plan sponsor’s service area. 3. If the PDP Sponsor does not renew a contract CMS cannot enter into a contract with the organization for 2 years unless there are special circumstances that warrant special consideration, as determined by CMS. 4. If the PDP Sponsor does not renew a contract, it must ensure the timely transfer of any data or files in accordance with CMS instructions. B. NONRENEWAL BY CMS 1. CMS may determine that the PDP Sponsor is not qualified to renew its contract for any of the following reasons: (a) The reasons listed in 42 CFR §423.509(a) that also permit CMS to terminate the contract. (b) The PDP Sponsor has committed any of the acts in 42 CFR §423.752 that 9 support the imposition of intermediate sanctions or civil money penalties under 42 CFR §423.750. 2. CMS will provide notice of its decision whether the PDP Sponsor is qualified to renew its contract as follows: (i) To the PDP Sponsor by May 1 of the current contract year. (ii) If CMS decides that the PDP Sponsor is not qualified to renew its contract, to the PDP Sponsor’s Medicare enrollees by mail at least 90 days before the end of the current calendar year. (iii) If CMS determines that the PDP Sponsor is not qualified to renew its contract, to the general public at least 90 days before the end of the current calendar year, by publishing a notice in one or more newspapers of general circulation in each community or county located in the PDP Sponsor’s service area. (iv) CMS will provide the notice described in (B)(2)(ii)and (iii) of this Article where a non-renewal results because CMS and the PDP Sponsor are unable to reach agreement on the bid under 42 CFR Part 423, Subpart F. 3. CMS shall give the PDP Sponsor written notice of its right to appeal the decision that the sponsor is not qualified renew its contract in accordance with 42 CFR §423.642(b). A. CONTRACT MODIFICATION OR TERMINATION BY MUTUAL CONSENT 1. This contract may be modified or terminated at any time by written mutual consent of the parties. 2. If this contract is terminated by mutual consent, the PDP Sponsor must provide notice to its Medicare enrollees and the general public in accordance with CMS’s instructions. 3. If the contract is modified by mutual consent, the PDP Sponsor must notify its Medicare enrollees of any changes that CMS determines are appropriate for notification according to the process and timeframes specified by CMS. 4. If a contract is terminated under section A of this Article, the PDP Sponsor must ensure the timely transfer of any data or flies. B. TERMINATION OF CONTRACT BY CMS CMS may terminate the contract in accordance with 42 CFR §423.509.

Nonrenewal of Contract. A. NONRENEWAL BY THE PDP SPONSOR 1. The PDP Sponsor may elect not to renew its contract with CMS, effective at the end of the term of the contract for any reason as long as PDP Sponsor provides proper notice of the decision according to the required timeframes. 2. If the PDP Sponsor does not intend to renew its contract, it must notify -notify: (a) CMS in writing by the first Monday of June in the year in which the current contract period ends; (b) Each Medicare enrollee, at least 90 days before the date on which the nonrenewal is effective. This PDP Sponsor must provide, to enrollees, through this notice must include a written description of or outbound telephone calls, information on alternatives available for obtaining qualified prescription drug coverage within the PDP region, including Medicare Advantage-Advantage- Prescription Drug plans, Medicare cost plans offering a Part D plan, and other PDPs, and must receive CMS approval of notices or scripts prior to issuance; and (c) The general public, at least 90 days before the end of the current calendar year, by publishing a notice in one or more newspapers of general circulation in each community or county located in the Part D plan sponsor’s service areatheir use. 3. If the PDP Sponsor does not renew a contract CMS cannot enter into a contract with PDP Sponsor or with an organization whose covered persons, as defined in 42 CFR §423.507(a)(4), also served as covered persons for the organization nonrenewing sponsor for 2 years unless there are special circumstances that warrant special consideration, as determined by CMS. 4. If the PDP Sponsor does not renew a contract, it must ensure the timely transfer of any data or files in accordance with CMS instructions. B. NONRENEWAL BY CMS 1. CMS may determine that the PDP Sponsor is not qualified to renew its contract for any of the following reasons: (a) The reasons listed in 42 CFR §423.509(a) that also permit CMS to terminate the contract. (b) The PDP Sponsor has committed any of the acts in 42 CFR §423.752 that 9 support the imposition of intermediate sanctions or civil money penalties under 42 CFR §423.750. 2. CMS will provide notice of its decision whether the PDP Sponsor is qualified to renew its contract as follows: (ia) To the PDP Sponsor by May August 1 of the current contract year. (iib) If CMS decides that the PDP Sponsor is not qualified to renew its contract, to the PDP Sponsor’s 's Medicare enrollees by mail at least 90 days before the end of the current calendar year. (iii) If CMS determines that the PDP Sponsor is not qualified to renew its contract, to the general public at least 90 days before the end of the current calendar year, by publishing a notice in one or more newspapers of general circulation in each community or county located in the PDP Sponsor’s service area. (ivc) CMS will provide the notice described in (B)(2)(ii)and (iiiB)(2)(b) of this Article where a non-renewal results because CMS and the PDP Sponsor are unable to reach agreement on the bid under 42 CFR Part 423, Subpart F. 3. CMS shall give the PDP Sponsor written notice of its right to appeal the decision that the sponsor is not qualified renew its contract in accordance with 42 CFR §423.642(b). A. CONTRACT MODIFICATION OR TERMINATION BY MUTUAL CONSENT 1. This contract may be modified or terminated at any time by written mutual consent of the parties. 2. If this contract is terminated by mutual consent, the PDP Sponsor must provide notice to its Medicare enrollees and the general public in accordance with CMS’s instructions. 3. If the contract is modified by mutual consent, the PDP Sponsor must notify its Medicare enrollees of any changes that CMS determines are appropriate for notification according to the process and timeframes specified by CMS. 4. If a contract is terminated under section A of this Article, the PDP Sponsor must ensure the timely transfer of any data or flies. B. TERMINATION OF CONTRACT BY CMS CMS may terminate the contract in accordance with 42 CFR §423.509.

Nonrenewal of Contract. A. NONRENEWAL BY THE PDP SPONSOR 1. The PDP Sponsor may elect not to renew its contract with CMS, effective at the end of the term of the contract for any reason as long as PDP Sponsor provides proper notice of the decision according to the required timeframes. 2. If the PDP Sponsor does not intend to renew its contract, it must notify -notify: (a) CMS in writing by the first Monday of June in the year in which the current contract period ends; (b) Each Medicare enrollee, at least 90 days before the date on which the nonrenewal is effective. This PDP Sponsor must provide, to enrollees, through this notice must include a written description of or outbound telephone calls, information on alternatives available for obtaining qualified prescription drug coverage within the PDP region, including Medicare Advantage-Prescription Drug plans, Medicare cost plans offering a Part D plan, and other PDPs, and must receive CMS approval of notices or scripts prior to issuance; and (c) The general public, at least 90 days before the end of the current calendar year, by publishing a notice in one or more newspapers of general circulation in each community or county located in the Part D plan sponsor’s service areatheir use. 3. If the PDP Sponsor does not renew a contract CMS cannot enter into a contract with PDP Sponsor or with an organization whose covered persons, as defined in 42 CFR §423.507(a)(4), also served as covered persons for the organization nonrenewing sponsor for 2 years unless there are special circumstances that warrant special consideration, as determined by CMS. 4. If the PDP Sponsor does not renew a contract, it must ensure the timely transfer of any data or files in accordance with CMS instructions. B. NONRENEWAL BY CMS 1. CMS may determine that the PDP Sponsor is not qualified to renew its contract for any of the following reasons: (a) The reasons listed in 42 CFR §423.509(a) that also permit CMS to terminate the contract. (b) The PDP Sponsor has committed any of the acts in 42 CFR §423.752 that 9 support the imposition of intermediate sanctions or civil money penalties under 42 CFR §423.750. 2. CMS will provide notice of its decision whether the PDP Sponsor is qualified to renew its contract as follows: (ia) To the PDP Sponsor by May August 1 of the current contract year. (iib) If CMS decides that the PDP Sponsor is not qualified to renew its contract, to the PDP Sponsor’s 's Medicare enrollees by mail at least 90 days before the end of the current calendar year. (iii) If CMS determines that the PDP Sponsor is not qualified to renew its contract, to the general public at least 90 days before the end of the current calendar year, by publishing a notice in one or more newspapers of general circulation in each community or county located in the PDP Sponsor’s service area. (ivc) CMS will provide the notice described in (B)(2)(ii)and (iiiB)(2)(b) of this Article where a non-renewal results because CMS and the PDP Sponsor are unable to reach agreement on the bid under 42 CFR Part 423, Subpart F. 3. CMS shall give the PDP Sponsor written notice of its right to appeal the decision that the sponsor is not qualified renew its contract in accordance with 42 CFR §423.642(b). A. CONTRACT MODIFICATION OR TERMINATION BY MUTUAL CONSENT 1. This contract may be modified or terminated at any time by written mutual consent of the parties. 2. If this contract is terminated by mutual consent, the PDP Sponsor must provide notice to its Medicare enrollees and the general public in accordance with CMS’s instructions. 3. If the contract is modified by mutual consent, the PDP Sponsor must notify its Medicare enrollees of any changes that CMS determines are appropriate for notification according to the process and timeframes specified by CMS. 4. If a contract is terminated under section A of this Article, the PDP Sponsor must ensure the timely transfer of any data or flies. B. TERMINATION OF CONTRACT BY CMS CMS may terminate the contract in accordance with 42 CFR §423.509.

Nonrenewal of Contract. A. NONRENEWAL BY THE PDP SPONSOR 1. The PDP Sponsor may elect not to renew its contract with CMS, effective at the end of the term of the contract for any reason as long as PDP Sponsor provides proper notice of the decision according to the required timeframes. 2. If the PDP Sponsor does not intend to renew its contract, it must notify -notify: (a) CMS in writing by the first Monday of June in the year in which the current contract period ends; (b) Each Medicare enrollee, at least 90 days before the date on which the nonrenewal is effective. This PDP Sponsor must provide, to enrollees, through this notice must include a written description of or outbound telephone calls, information on alternatives available for obtaining qualified prescription drug coverage within the PDP region, including Medicare Advantage-Prescription Drug plans, Medicare cost plans offering a Part D plan, and other PDPs, and must receive CMS approval of notices or scripts prior to issuance; and (c) The general public, at least 90 days before the end of the current calendar year, by publishing a notice in one or more newspapers of general circulation in each community or county located in the Part D plan sponsor’s service areatheir use. 3. If the PDP Sponsor does not renew a contract CMS cannot enter into a contract with PDP Sponsor or with an organization whose covered persons, as defined in 42 CFR §423.507(a)(4), also served as covered persons for the organization nonrenewing sponsor for 2 years unless there are special circumstances that warrant special consideration, as determined by CMS. 4. If the PDP Sponsor does not renew a contract, it must ensure the timely transfer of any data or files in accordance with CMS instructions. B. NONRENEWAL BY CMS 1. CMS may determine that the PDP Sponsor is not qualified to renew its contract for any of the following reasons: (a) The reasons listed in 42 CFR §423.509(a) that also permit CMS to terminate the contract. (b) The PDP Sponsor has committed any of the acts in 42 CFR §423.752 that 9 support the imposition of intermediate sanctions or civil money penalties under 42 CFR §423.750. 2. CMS will provide notice of its decision whether the PDP Sponsor is qualified to renew its contract as follows: (ia) To the PDP Sponsor by May August 1 of the current contract year. (iib) If CMS decides that the PDP Sponsor is not qualified to renew its contract, to the PDP Sponsor’s Sponsors Medicare enrollees by mail at least 90 calendar days before the end of the current calendar contract year. (iii) If CMS determines that the PDP Sponsor is not qualified to renew its contract, to the general public at least 90 days before the end of the current calendar year, by publishing a notice in one or more newspapers of general circulation in each community or county located in the PDP Sponsor’s service area. (ivc) CMS will provide the notice described in (B)(2)(ii)and (iiiB)(2)(b) of this Article where a non-renewal results because CMS and the PDP Sponsor are unable to reach agreement on the bid under 42 CFR Part 423, Subpart F. 3. CMS shall give the PDP Sponsor written notice of its right to appeal the decision that the sponsor is not qualified renew its contract in accordance with 42 CFR §423.642(b). A. CONTRACT MODIFICATION OR TERMINATION BY MUTUAL CONSENT 1. This contract may be modified or terminated at any time by written mutual consent of the parties. 2. If this contract is terminated by mutual consent, the PDP Sponsor must provide notice to its Medicare enrollees and the general public in accordance with CMS’s instructions. 3. If the contract is modified by mutual consent, the PDP Sponsor must notify its Medicare enrollees of any changes that CMS determines are appropriate for notification according to the process and timeframes specified by CMS. 4. If a contract is terminated under section A of this Article, the PDP Sponsor must ensure the timely transfer of any data or flies. B. TERMINATION OF CONTRACT BY CMS CMS may terminate the contract in accordance with 42 CFR §423.509.

Nonrenewal of Contract. A. NONRENEWAL BY THE PDP SPONSOR 1. The PDP Sponsor may elect not to renew its contract with CMS, effective at the end of the term of the contract for any reason as long as PDP Sponsor provides proper notice of the decision according to the required timeframes. 2. If the PDP Sponsor does not intend to renew its contract, it must notify -notify: (a) CMS in writing by the first Monday of June in the year in which the current contract period ends; (b) Each Medicare enrollee, at least 90 ninety (90) days before the date on which the nonrenewal is effective. This notice must include a written description of alternatives available for obtaining qualified prescription drug coverage within the PDP region, including Medicare Advantage-Prescription Drug plans, Medicare cost plans offering a Part D plan, and other PDPs, and must receive CMS approval prior to issuance; and (c) The general public, at least 90 ninety (90) days before the end of the current calendar year, by publishing a notice in one or more newspapers of general circulation in each community or county located in the Part D plan sponsor’s 's service area. 3. If the PDP Sponsor does not renew a contract CMS cannot enter into a contract with the organization for 2 two (2) years unless there are special circumstances that warrant special consideration, as determined by CMS. 4. If the PDP Sponsor does not renew a contract, it must ensure the timely transfer of any data or files in accordance with CMS instructions. B. NONRENEWAL BY CMS 1. CMS may determine that the PDP Sponsor is not qualified to renew its contract for any of the following reasons: (a) The reasons listed in 42 CFR §Section 423.509(a) that also permit CMS to terminate the contract. (b) The PDP Sponsor has committed any of the acts in 42 CFR §Section 423.752 that 9 support the imposition of intermediate sanctions or civil money penalties under 42 CFR §Section 423.750. 2. CMS will provide notice of its decision whether the PDP Sponsor is qualified to renew its contract as follows: (i) To the PDP Sponsor by May 1 of the current contract year. (ii) If CMS decides that the PDP Sponsor is not qualified to renew its contract, to the PDP Sponsor’s 's Medicare enrollees by mail at least 90 ninety (90) days before the end of the current calendar year. (iii) If CMS determines that the PDP Sponsor is not qualified to renew its contract, to the general public at least 90 ninety (90) days before the end of the current calendar year, by publishing a notice in one or more newspapers of general circulation in each community or county located in the PDP Sponsor’s 's service area. (iv) CMS will provide the notice described in (B)(2)(ii)and B)(2)(ii) and (iii) of this Article where a non-renewal results because CMS and the PDP Sponsor are unable to reach agreement on the bid under 42 CFR Part 423, Subpart F. 3. CMS shall give the PDP Sponsor written notice of its right to appeal the decision that the sponsor is not qualified renew its contract in accordance with 42 CFR §Section 423.642(b). A. CONTRACT MODIFICATION OR TERMINATION BY MUTUAL CONSENT 1. This contract may be modified or terminated at any time by written mutual consent of the parties. 2. If this contract is terminated by mutual consent, the PDP Sponsor must provide notice to its Medicare enrollees and the general public in accordance with CMS’s instructions. 3. If the contract is modified by mutual consent, the PDP Sponsor must notify its Medicare enrollees of any changes that CMS determines are appropriate for notification according to the process and timeframes specified by CMS. 4. If a contract is terminated under section A of this Article, the PDP Sponsor must ensure the timely transfer of any data or flies. B. TERMINATION OF CONTRACT BY CMS CMS may terminate the contract in accordance with 42 CFR §423.509.

Nonrenewal of Contract. A. NONRENEWAL BY THE PDP SPONSOR 1. The PDP Sponsor may elect not to renew its contract with CMS, effective at the end of the term of the contract for any reason as long as PDP Sponsor provides proper notice of the decision according to the required timeframes. 2. If the PDP Sponsor does not intend to renew its contract, it must notify -notify: (a) CMS in writing by the first Monday of June in the year in which the current contract period ends; (b) Each Medicare enrollee, at least 90 ninety (90) days before the date on which the nonrenewal is effective. This notice must include a written description of alternatives available for obtaining qualified prescription drug coverage within the PDP region, including Medicare Advantage-Prescription Drug plans, Medicare cost plans offering a Part D plan, plan and other PDPs, PDPs and must receive CMS approval prior to issuance; and (c) The general public, at least 90 ninety (90) days before the end of the current calendar year, by publishing a notice in one or more newspapers of general circulation in each community or county located in the Part D plan sponsor’s 's service area. 3. If the PDP Sponsor does not renew a contract CMS cannot enter into a contract with the organization for 2 two (2) years unless there are special circumstances that warrant special consideration, as determined by CMS. 4. If the PDP Sponsor does not renew a contract, it must ensure the timely transfer of any data or files in accordance with CMS instructions. B. NONRENEWAL BY CMS 1. CMS may determine that the PDP Sponsor is not qualified to renew its contract for any of the following reasons: (a) The reasons listed in 42 CFR §Section 423.509(a) that also permit CMS to terminate the contract. (b) The PDP Sponsor has committed any of the acts in 42 CFR §Section 423.752 that 9 support the imposition of intermediate sanctions or civil money penalties under 42 CFR §Section 423.750. 2. CMS will provide notice of its decision whether the PDP Sponsor is qualified to renew its contract as follows: (i) To the PDP Sponsor by May 1 of the current contract year. (ii) If CMS decides that the PDP Sponsor is not qualified to renew its contract, to the PDP Sponsor’s 's Medicare enrollees by mail at least 90 ninety (90) days before the end of the current calendar year. (iii) If CMS determines that the PDP Sponsor is not qualified to renew its contract, to the general public at least 90 ninety (90) days before the end of the current calendar year, by publishing a notice in one (1) or more newspapers of general circulation in each community or county located in the PDP Sponsor’s 's service area. (iv) CMS will provide the notice described in (B)(2)(ii)and B)(2)(ii) and (iii) of this Article where a non-renewal results because CMS and the PDP Sponsor are unable to reach agreement on the bid under 42 CFR Part 423, Subpart F. 3. CMS shall give the PDP Sponsor written notice of its right to appeal the decision that the sponsor is not qualified renew its contract in accordance with 42 CFR §Section 423.642(b). A. CONTRACT MODIFICATION OR TERMINATION BY MUTUAL CONSENT 1. This contract may be modified or terminated at any time by written mutual consent of the parties. 2. If this contract is terminated by mutual consent, the PDP Sponsor must provide notice to its Medicare enrollees and the general public in accordance with CMS’s instructions. 3. If the contract is modified by mutual consent, the PDP Sponsor must notify its Medicare enrollees of any changes that CMS determines are appropriate for notification according to the process and timeframes specified by CMS. 4. If a contract is terminated under section A of this Article, the PDP Sponsor must ensure the timely transfer of any data or flies. B. TERMINATION OF CONTRACT BY CMS CMS may terminate the contract in accordance with 42 CFR §423.509.