Common use of Secondary Data Clause in Contracts

Secondary Data. In its evaluation activities, CMS or its designee(s) may use data or information submitted by or made available by the Participant as well as claims submitted to CMS for items and services furnished to beneficiaries. These data may include, but are not limited to: (i) claims data, (ii) survey data, (iii) clinical data such as lab values, (iv) medical records, and (v) Clinical Protocols, Implementation Plan, or other Model implementation documents. Shared Learning Activities‌ (a) The Participant shall actively participate in the Learning System designed by CMS to strengthen results and share learning that emerges from participation in the Model. Specifically, the Participant shall: (i) Participate in Learning System activities throughout the term of this Agreement, including during the period after the Effective Date but prior to the Start Date. By the end of the second quarter following the Start Date, the Participant shall develop and submit to CMS, in a form and manner specified by CMS, a visual display of what drives achievement of Participant’s implementation aim (“Driver Diagram”) designed to drive toward the achievement of project aim as well as the inclusion of objectives and key results (“OKRs”). CMS will work with the Participant to provide sufficient instruction on Driver Diagram and OKR development. The Participant shall annually update the Driver Diagram and OKRs and submit to CMS; (ii) Respond to surveys, interviews, or other assessment mechanisms from CMS or its designees in order to assist CMS in identifying Participant learning needs; (iii) Participate in the identification and dissemination of promising practices, challenges, and other opportunities useful for learning, peer-to-peer sharing, and overall improvement across Model Participants (e.g., presenting on webinars, spotlights, etc.); (iv) Participate in required ET3 Model Learning System activities during the Model Performance Period, including up to one virtual Learning System activity every quarter. Repeated failure to actively participate in required Learning System activities and related events could result in remedial action and/or termination of this Agreement pursuant to Article 19; (v) Develop, track, and report to CMS on quality improvement efforts, activities, and program measures, at regular intervals; and (vi) Participate in at least one in-person Learning System event during the Model Performance Period. The location of each in-person event will be made at CMS’s sole discretion. In-person events may be held in the Baltimore/District of Columbia area or another location. These events will focus on Model Participant learning, collaboration, dissemination of ET3 Model promising practices, and other Model Participant needs. This event may be conducted virtually, subject to CMS discretion. (b) The Participant shall ensure ET3 Partners, Downstream Practitioners, and any non- Medicare payers with which the Participant has partnered with as part of the Participant’s Payer Strategy described in Article 5.2. are informed of the opportunity to participate in the ET3 Model’s Learning System activities. CMS will aim to design Learning System events relevant to ET3 Partners, Downstream Practitioners, and non-Medicare payers. Site Visits‌ (a) The Participant shall cooperate in periodic site visits by CMS and/or its designees in order to facilitate evaluation, Learning System activities, monitoring, or the fulfilment of the terms of this Agreement, and shall require ET3 Partners, Downstream Practitioners, and Billing Parties to participate and cooperate in the same. Site visits may involve virtual or in- person interviews with executive leadership, staff, and individuals or entities performing functions related to the Model. The duration of a site visit will depend on the size and complexity of the Participant, ET3 Partner, Downstream Practitioner, or Billing Party. (b) CMS or its designees shall provide the Participant with no less than 3 Days advance notice of site visits. To the extent practicable, CMS will attempt to accommodate the Participant’s request for particular dates in scheduling site visits. However, the Participant may not request a date that is more than 60 Days after the date of the initial site visit notice from CMS. (c) Notwithstanding the foregoing, and to the extent feasible, CMS may perform unannounced site visits at the office of any Model Participant, ET3 Partner, Downstream Practitioner, or Billing Party at any time to investigate concerns about the health or safety of beneficiaries or other program integrity issues. (d) The Participant shall ensure that personnel with the appropriate responsibilities and knowledge associated with the purpose of the site visit are available during site visits. (e) Nothing in this Agreement shall be construed to limit or otherwise prevent CMS from performing site visits permitted by applicable law or regulations.