Reporting of Material Deficiencies Clause Samples
The Reporting of Material Deficiencies clause requires parties to promptly disclose any significant shortcomings or failures in their operations, systems, or compliance that could impact the agreement. Typically, this involves notifying the other party in writing if a material deficiency is discovered, such as a major security breach or a failure to meet regulatory requirements. By mandating timely reporting, this clause ensures transparency and allows both parties to address issues proactively, thereby minimizing potential risks and facilitating effective problem resolution.
Reporting of Material Deficiencies. If Tender Loving Care determines that there is a Material Deficiency, Tender Loving Care shall notify OIG, in writing, within 30 days of making the determination that the Material Deficiency exists. The report to the OIG shall include the following information:
(i) If the Material Deficiency results in an overpayment, the report to the OIG shall be made at the same time as the notification to the payor required in section III.H. 1, and shall include all of the information on the Overpayment Refund Form, as well as:
(A) the payor's name, address, and contact person to whom the overpayment was sent; and
(B) the date of the check and identification number (or electronic transaction number) on which the overpayment was repaid/refunded;
(ii) a complete description of the Material Deficiency, including the relevant facts, persons involved, and legal and Federal health care program authorities implicated;
(iii) a description of Tender Loving Care's actions taken to correct the Material Deficiency; and
(iv) any further steps Tender Loving Care plans to take to address the Material Deficiency and prevent it from recurring.
Reporting of Material Deficiencies. If Vencor determines that there is a Material Deficiency (as defined herein), Vencor shall notify the OIG within thirty (30) days of discovering the Material Deficiency. The report to the OIG shall include:
a. a complete description of the Material Deficiency, including the relevant facts, persons involved, and legal and program authorities;
b. Vencor's actions (and future plans of action) to correct the Material Deficiency; and to prevent such Material Deficiency from recurring;
c. The information on the Overpayment Refund Form and the payor's name, address, and contact person where the Overpayment (if any) was sent; and
d. The date of the check and identification number (or electronic transaction number) on which the Overpayment (if any was repaid).
Reporting of Material Deficiencies. If Allina determines through any means that there is a Material Deficiency, Allina shall notify OIG, in writing, within 30 days of making the determination that the Material Deficiency exists. The report to the OIG shall include the following information:
(i) If the Material Deficiency results in an Overpayment, the report to the OIG shall be made at the same time as the notification to the payor required in Section III.H.1, and shall include all of the information on the Overpayment Refund Form, as well as:
(A) the payor’s name, address, and contact person to whom the Overpayment was sent; and
(B) the date of the check and identification number (or electronic transaction number) by which the Overpayment was repaid/refunded;
(ii) a complete description of the Material Deficiency, including the relevant facts, persons involved, and legal and Federal health care program authorities implicated;
(iii) a description of Allina’s actions taken to correct the Material Deficiency; and
(iv) any further steps Allina plans to take to address the Material Deficiency and prevent it from recurring.
Reporting of Material Deficiencies. If Sun determines that there is a Material Deficiency (as defined herein), Sun shall notify OIG within 40 days of discovering the Material Deficiency. The report to OIG shall include:
a. A complete description of the Material Deficiency, including the relevant facts, persons involved, and legal and program authorities;
b. Sun's actions (and future plans of action) to correct the Material Deficiency; and to prevent such Material Deficiency from recurring;
c. If applicable, the information on the Overpayment Refund Form and the payor's name, address, and contact person where the Overpayment (if any) was sent; and
d. If applicable, the date of the check and identification number (or electronic transaction number) on which the Overpayment (if any was repaid).
Reporting of Material Deficiencies. If Mariner determines through any means that there is a Material Deficiency (as defined herein), Mariner shall notify the OIG within 30 days of discovering the Material Deficiency. The report to the OIG shall include:
a. a complete description of the Material Deficiency, including the relevant facts, persons involved, and legal and program authorities;
b. Mariner's actions (and future plans of action) to correct the Material Deficiency; and to prevent such Material Deficiency from recurring;
c. The information on the Overpayment Refund Form and the payor's name, address, and contact person where the Overpayment (if any) was sent; and
d. The date of the check and identification number (or electronic transaction number) on which the Overpayment (if any was repaid).
Reporting of Material Deficiencies. If Amedisys determines through any means that there is a Material Deficiency, Amedisys shall notify OIG, in writing, within 30 days after making the determination that the Material Deficiency exists. The report to OIG shall include the following information:
i. If the Material Deficiency results in an Overpayment, the report to OIG shall be made at the same time as the notification to the payor required in Section III.H.1, and shall Amedisys, Inc. and Amedisys Specialized Medical Services, Inc. Corporate Integrity Agreement 16 include all of the information on the Overpayment Refund Form, as well as:
(A) the payor’s name, address, and contact person to whom the Overpayment was sent; and
(B) the date of the check and identification number (or electronic transaction number) by which the Overpayment was repaid/refunded;
ii. a complete description of the Material Deficiency, including the relevant facts, persons involved, and legal and Federal health care program authorities implicated;
iii. a description of Amedisys’ actions taken to correct the Material Deficiency; and
iv. any further steps Amedisys plans to take to address the Material Deficiency and prevent it from recurring.
Reporting of Material Deficiencies. The definition of Material Deficiency set forth in Section III.H.4(iii) of the CIA and Beverly’s reporting obligations set forth in Section III.H.2 of the CIA are hereby amended to provide that B▇▇▇▇▇▇ no longer must report occurrences or instances meeting the definition of Material Deficiency set forth in Section III.H.4(iii) if those occurrences or instances occur in a Covered Facility.
Reporting of Material Deficiencies. 23 IV. NEW BUSINESS UNITS OR LOCATIONS..............................................................................24
Reporting of Material Deficiencies. If Beve▇▇▇ ▇▇▇ermines that there is a material deficiency, Beve▇▇▇ ▇▇▇ll notify the OIG within 30 days of discovering the material deficiency. The notification to the OIG shall include: (a) a complete description of the material deficiency (including the relevant facts, persons involved, and legal and program authorities); (b) the amount of overpayment (if any) due to the material deficiency; (c) Beverly's actions (and future plans of action) to correct the material deficiency and to prevent such material deficiency from recurring; (d) the payor's name, address, and contact person where the overpayment (if any) was sent; and (e) the date of the check and identification number (or electronic transaction number) on which the overpayment (if any) was repaid.
Reporting of Material Deficiencies. The definition of Material Deficiency set forth in Section III.H.4(iii) of the CIA and Beverly’s reporting obligations set forth in Section III.H.2 of the CIA are hereby amended to provide that B▇▇▇▇▇▇ no longer must report occurrences or instances meeting the definition of Material Deficiency set forth in Section III.H.4(iii) if those occurrences or instances occur in a Covered Facility. Sections III.H.2 and III.H.4(iii) shall continue to apply to B▇▇▇▇▇▇ with regard to all other nursing home facilities owned or operated by B▇▇▇▇▇▇ not defined as Covered Facilities in Section II. of this Amendment.