Common use of Required Components Clause in Contracts

Required Components. A. All subcontracts, including Provider Contracts entered into by the Contractor to provide program services under this contract shall be in writing, shall fulfill the requirements of 42 CFR Parts 434 and 438 and contain provisions specifying: 1. The activities and reporting responsibilities delegated to the subcontractor; and provide for revoking the delegation, in whole or in part, and imposing other sanctions if the subcontractor’s performance is inadequate, and an obligation for the provider to take corrective action; 2. That the work performed by the subcontractor must be in accordance with the terms of the contract with the Contractor; 3. That the subcontractor specifically agrees to be bound by confidentiality provisions; 4. The monitoring oversight of subcontractor performance by the contractor; 5. Provisions allowing DMAHS and DHHS to evaluate through inspection or other means, the quality, appropriateness and timeliness of services performed under a subcontract to provide medical services (42 C.F.R. § 434.6(a)(5)); 6. Provisions pertaining to the maintenance of an appropriate record system for services to enrollees. (42 C.F.R. § 434.6(a)(7)); 7. Sufficient provisions to safeguard all rights of enrollees and to ensure that the subcontract complies with all applicable State and federal laws, including confidentiality and non-discrimination. B. The Contractor shall impose obligations and duties on its subcontractors, including its Participating Providers, that are consistent with this contract, and that do not impair any rights accorded to DHS or DHHS. C. No subcontract, including any Provider contract shall limit or terminate the Contractor’s duties and obligations under this contract. D. Nothing contained in this contract shall create any contractual relationship between any subcontractor of the Contractor, including its Participating Providers, and the DHS.

Required Components. A. a) All subcontracts, including Provider Contracts Agreements entered into by the Contractor to provide program services under this contract Agreement shall be in writing, shall fulfill the requirements of 42 CFR Parts 434 and 438 and contain provisions specifying: 1. The i) the activities and reporting responsibilities delegated to the subcontractor; and provide for revoking the delegation, in whole or in part, and imposing other sanctions if the subcontractor’s 's performance is inadequatedoes not satisfy standards set forth in this Agreement, and an obligation for the provider to take corrective action; 2. That ii) that the work performed by the subcontractor must be in accordance with the terms of the contract with the Contractor;this Agreement; and 3. That iii) that the subcontractor specifically agrees to be bound by the confidentiality provisions; 4. The monitoring oversight of subcontractor performance by the contractor; 5. Provisions allowing DMAHS and DHHS to evaluate through inspection or other means, the quality, appropriateness and timeliness of services performed under a subcontract to provide medical services (42 C.F.R. § 434.6(a)(5)); 6. Provisions pertaining to the maintenance of an appropriate record system for services to enrollees. (42 C.F.R. § 434.6(a)(7)); 7. Sufficient provisions to safeguard all rights of enrollees and to ensure that the subcontract complies with all applicable State and federal laws, including confidentiality and non-discriminationset forth in this Agreement. B. b) The Contractor shall impose obligations and duties on its subcontractors, including its Participating Providers, that are consistent with this contractAgreement, and that do not impair any rights accorded to DHS LDSS, SDOH, or DHHS. C. c) No subcontract, including any Provider contract Agreement shall limit or terminate the Contractor’s 's duties and obligations under this contractAgreement. D. d) Nothing contained in this contract Agreement shall create any contractual relationship between any subcontractor of the Contractor, including its Participating Providers, and the DHSSDOH e) Any subcontract entered into by the Contractor shall fulfill the requirements of 42 CFR Part 438 that are appropriate to the service or activity delegated under such subcontract. f) The Contractor shall also ensure that, in the event the Contractor fails to pay any subcontractor, including any Participating Provider in accordance with the subcontract or Provider Agreement, the subcontractor or Participating Provider will not seek payment from the SDOH, LDSS, the Enrollees, or persons acting on an Enrollee's behalf. g) The Contractor shall include in every Provider Agreement a procedure for the resolution of disputes between the Contractor and its Participating Providers. h) The Contractor must monitor the subcontractor's performance on an ongoing basis and subject it to formal review according to time frames established by the State, consistent with State laws and regulations, and the terms of this Agreement. When deficiencies or areas for improvement are identified, the Contractor and subcontractor must take corrective action.