Stipulated Penalties for Failure to Comply with Certain Obligations Sample Clauses
The 'Stipulated Penalties for Failure to Comply with Certain Obligations' clause establishes predetermined financial penalties that a party must pay if they fail to meet specific contractual duties. Typically, this clause outlines which obligations are subject to penalties, the amount or formula for calculating the penalty, and the process for enforcement. For example, if a contractor misses a project deadline, a set daily penalty may apply until the obligation is fulfilled. The core function of this clause is to incentivize timely and proper performance, while providing a clear, agreed-upon remedy for non-compliance, thereby reducing disputes over damages.
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Stipulated Penalties for Failure to Comply with Certain Obligations. As a contractual remedy, KDMC and OIG hereby agree that failure to comply with certain obligations as set forth in this CIA may lead to the imposition of the following monetary penalties (hereinafter referred to as “Stipulated Penalties”) in accordance with the following provisions.
1. A Stipulated Penalty of $2,500 (which shall begin to accrue on the day after the date the obligation became due) for each day KDMC fails to establish and implement any of the following obligations as described in Section III:
a. a Compliance Officer;
b. a Compliance Committee;
c. the Board of Directors compliance obligations;
d. a written Code of Conduct;
e. written Policies and Procedures;
f. the training of Covered Persons, Relevant Covered Persons, Arrangements Covered Persons, Board Members, and Executive Management; g. the Focus Arrangements Procedures and/or Focus Arrangements Requirements described in Sections III.F.1 and III.F.2; h. a Disclosure Program;
i. Ineligible Persons screening and removal requirements;
j. notification of Government investigations or legal proceedings; and
k. reporting of Reportable Events.
2. A Stipulated Penalty of $2,500 (which shall begin to accrue on the day after the date the obligation became due) for each day KDMC fails to engage and use an IRO, as required in Section III.E, Appendix A, Appendix B, and Appendix C.
3. A Stipulated Penalty of $2,500 (which shall begin to accrue on the day after the date the obligation became due) for each day KDMC fails to engage and use a Peer Review Consultant, as required in Section III.D.
4. A Stipulated Penalty of $2,500 (which shall begin to accrue on the day after the date the obligation became due) for each day KDMC fails to engage and use the Physician Executive(s), as required in Section III.A.6.
5. A Stipulated Penalty of $2,500 (which shall begin to accrue on the day after the date the obligation became due) for each day KDMC fails to engage and use a Medical Director of the Cardiac Catheterization Laboratory, as required in Section III.A.7.
6. A Stipulated Penalty of $2,500 (which shall begin to accrue on the day after the date the obligation became due) for each day KDMC fails to engage and use the Board Compliance Expert, as required in Section III.A.4.
7. A Stipulated Penalty of $2,500 (which shall begin to accrue on the day after the date the obligation became due) for each day KDMC fails to submit the Implementation Report or any Annual Reports to OIG in accordance with the requirement...
Stipulated Penalties for Failure to Comply with Certain Obligations. As a contractual remedy, Extendicare and OIG hereby agree that failure to comply with certain obligations as set forth in this CIA may lead to the imposition of the following monetary penalties (hereinafter referred to as “Stipulated Penalties”) in accordance with the following provisions.
1. A Stipulated Penalty of $2,500 (which shall begin to accrue on the day after the date the obligation became due) for each day Extendicare fails to establish and effectively implement any of the following obligations as described in Section III:
a. a Compliance Officer;
b. a Compliance Committee;
Stipulated Penalties for Failure to Comply with Certain Obligations. As a contractual remedy, Post Acute Medical and OIG hereby agree that failure to comply with certain obligations as set forth in this CIA may lead to the imposition of the following monetary penalties (hereinafter referred to as “Stipulated Penalties”) in accordance with the following provisions.
1. A Stipulated Penalty of $2,500 (which shall begin to accrue on the day after the date the obligation became due) for each day Post Acute Medical fails to establish, implement or comply with any of the following obligations as described in Sections III:
a. a Compliance Officer;
b. a Compliance Committee;
c. the Manager’s compliance obligations;
d. the management certification obligations and the development and implementation of a written process for Certifying Employees, as required by Section III.A.4;
e. written Policies and Procedures;
f. the development of a written training plan and the training and education of Covered Persons, Arrangements Covered Persons, and Manager;
g. the Focus Arrangements Procedures and/or Focus Arrangements Requirements;
h. a risk assessment and internal review process;
i. a Disclosure Program;
j. Ineligible Persons screening and removal requirements;
k. notification of Government investigations or legal proceedings;
l. policies and procedures regarding the repayment of Overpayments; and
m. reporting of Reportable Events.
2. A Stipulated Penalty of $2,500 (which shall begin to accrue on the day after the date the obligation became due) for each day Post Acute Medical fails to engage and use an IRO, as required by Section III.E, Appendix A, or Appendix B.
3. A Stipulated Penalty of $2,500 (which shall begin to accrue on the day after the date the obligation became due) for each day Post Acute Medical fails to submit a complete Implementation Report, Annual Report, or any certification to OIG in accordance with the requirements of Section V by the deadlines for submission.
4. A Stipulated Penalty of $2,500 (which shall begin to accrue on the day after the date the obligation became due) for each day Post Acute Medical fails to submit any Arrangements Review Report in accordance with the requirements of Section III.E and Appendix B.
5. A Stipulated Penalty of $1,500 for each day Post Acute Medical fails to grant access as required in Section VII. (This Stipulated Penalty shall begin to accrue on the date Post Acute Medical fails to grant access.)
6. A Stipulated Penalty of $50,000 for each false certification submitted by or on beha...
Stipulated Penalties for Failure to Comply with Certain Obligations. As a contractual remedy, ▇▇▇▇▇▇▇ and OIG hereby agree that failure to comply with certain obligations set forth in this IA (unless a timely written request for an extension has been submitted and approved in accordance with Section B below) may lead to the imposition of the following monetary penalties (hereinafter referred to as “Stipulated Penalties”) in accordance with the following provisions.
1. A Stipulated Penalty of $1,000 (which shall begin to accrue on the day after the date the obligation became due) for each day ▇▇▇▇▇▇▇ fails to:
a. establish and/or post a notice in accordance with the requirements of Section III.A;
b. complete the training required for ▇▇▇▇▇▇▇ and Covered Persons and maintain training certifications, in accordance with the requirements of Section III.B;
c. engage and use an IRO in accordance with the requirements of Section III.C, Appendix A, and Appendix B; d. screen Covered Persons in accordance with the requirements of Section III.D; or require Covered Persons to disclose if they are debarred, excluded, suspended or are otherwise considered an Ineligible Person in accordance with the requirements of Section III.D; and maintain documentation of screening and disclosure requirements in accordance with the requirements of Section III.D;
Stipulated Penalties for Failure to Comply with Certain Obligations. As a contractual remedy, the Providers and OIG hereby agree that failure to comply with certain obligations as set forth in this CIA may lead to the imposition of the following monetary penalties (hereinafter referred to as “Stipulated Penalties”) in accordance with the following provisions.
Stipulated Penalties for Failure to Comply with Certain Obligations. As a contractual remedy, CCH and OIG hereby agree that failure to comply with certain obligations as set forth in this CIA may lead to the imposition of the following monetary penalties (hereinafter referred to as “Stipulated Penalties”) in accordance with the following provisions.
1. A Stipulated Penalty of $2,500 (which shall begin to accrue on the day after the date the obligation became due) for each day CCH fails to establish and implement any of the following obligations as described in Sections III and IV:
a. a Compliance Officer;
b. a Compliance Committee;
c. a Chief Quality Officer;
d. the Governing Authority compliance obligations and the engagement of a Compliance Expert, the performance of a Compliance Program Review, and the preparation of a Compliance Program Review Report;
e. the management certification obligations;
f. a written Code of Conduct;
g. written Policies and Procedures;
h. the development and/or implementation of a Training Plan for the training of Covered Persons, Relevant Covered Persons, and Governing Authority Members; i. a risk assessment and internal review process as required by Section III.E;
j. a Disclosure Program;
Stipulated Penalties for Failure to Comply with Certain Obligations. As a contractual remedy, LFAC and OIG hereby agree that failure to comply with certain obligations set forth in this IA may lead to the imposition of the following monetary penalties (hereinafter referred to as “Stipulated Penalties”) in accordance with the following provisions.
1. A Stipulated Penalty of $1,000 (which shall begin to accrue on the day after the date the obligation became due) per obligation for each day LFAC fails to establish, implement or comply with any of the following obligations as described in Section III:
a. post a notice in accordance with the requirements of Section III.A;
b. complete the training required for LFAC and Covered Persons and maintain training records, in accordance with the requirements of Section III.B;
c. screen Covered Persons in accordance with the requirements of Section III.D; require Covered Persons to disclose if they are excluded in accordance with the requirements of Section III.D; or maintain copies of print screens from search results to demonstrate the required screening has been performed in accordance with the requirements of Section III.D;
d. notify OIG of a government investigation or legal proceeding, in accordance with the requirements of Section III.E;
e. repay any Overpayments as required by Section III.F and Appendix B; f. report a Reportable Event in accordance with Section III.G; or
Stipulated Penalties for Failure to Comply with Certain Obligations. As a contractual remedy, ▇▇. ▇▇▇▇▇▇ and OIG hereby agree that failure to comply with certain obligations set forth in this IA may lead to the imposition of the following monetary penalties (hereinafter referred to as “Stipulated Penalties”) in accordance with the following provisions.
1. A Stipulated Penalty of $1,000 (which shall begin to accrue on the day after the date the obligation became due) for each day ▇▇. ▇▇▇▇▇▇ fails to establish, implement or comply with any of the following obligations as described in Section III:
a. post a notice in accordance with the requirements of Section III.A;
b. complete the training required for Covered Persons and maintain training records, in accordance with the requirements of Section III.B;
c. screen Covered Persons in accordance with the requirements of Section III.D; require Covered Persons to disclose if they are excluded in accordance with the requirements of Section III.D; or maintain copies of print screens from search results to demonstrate the required screening has been performed in accordance with the requirements of Section III.D;
d. notify OIG of a government investigation or legal proceeding, in accordance with the requirements of Section III.E;
e. repay any Overpayments as required by Section III.F and Appendix B; or
f. report a Reportable Event in accordance with Section III.G.
2. A Stipulated Penalty of $1,500 (which shall begin to accrue on the day after the date the obligation became due) for each day ▇▇. ▇▇▇▇▇▇ fails to engage and use an IRO, as required by Section III.C, Appendix A, or Appendix B.
3. A Stipulated Penalty of $1,500 (which shall begin to accrue on the day after the date the obligation became due) for each day ▇▇. ▇▇▇▇▇▇ fails to submit a complete Implementation Report, Annual Report, or any certification to OIG in accordance with the requirements of Section V by the deadlines for submission.
4. A Stipulated Penalty of $1,500 (which shall begin to accrue on the day after the date the obligation became due) for each day ▇▇. ▇▇▇▇▇▇ fails to submit any Quarterly Claims Review Report in accordance with the requirements of Section III.C and Appendix B or fails to repay any Overpayment identified by the IRO, as required by Appendix B.
5. A Stipulated Penalty of $1,000 for each day ▇▇. ▇▇▇▇▇▇ or MRA fail to grant access as required in Section VII. (This Stipulated Penalty shall begin to accrue on the date ▇▇. ▇▇▇▇▇▇ or MRA fail to grant access.)
6. A Stipulated Penalty of $50,000 for e...
Stipulated Penalties for Failure to Comply with Certain Obligations. As a contractual remedy, ▇▇▇▇▇ and OIG hereby agree that failure to comply with certain obligations set forth in this IA may lead to the imposition of the following monetary penalties (hereinafter referred to as “Stipulated Penalties”) in accordance with the following provisions.
1. A Stipulated Penalty of $1,000 (which shall begin to accrue on the day after the date the obligation became due) per obligation for each day ▇▇▇▇▇ fails to establish, implement or comply with any of the following obligations as described in Section III:
a. appoint a Compliance Officer and a Chief Clinical Officer as required by Section III.A; b. written Policies and Procedures required by Section III.B;
Stipulated Penalties for Failure to Comply with Certain Obligations. 1. Unless otherwise specified herein, any Breach of any term of this CIA shall be subject to a Stipulated Penalty of $2,500 per day.
a. The Stipulated Penalty shall begin to accrue on the day that the Breach occurs and shall continue to accrue for each day that the Provider fails to comply with the term of this CIA giving rise to the Breach. If the Provider cures the Breach, Stipulated Penalties shall cease accruing on the date that the Provider cures the Breach.
b. The penalty shall be assessable for each Breach of any term of this CIA, independent of any other Breach of this CIA.
2. In addition to any other penalty that may be assessed under the terms of this CIA, Provider’s failure to cooperate, respond or respond completely or timely, in connection with any request made by OMIG, or its duly authorized representative under Section VII – OMIG’s Inspection, Audit and Review Rights shall be subject to a Stipulated Penalty of $1,500 per day.
a. The Stipulated Penalty shall begin to accrue on the day that the Breach occurs and shall continue to accrue for each day that the Provider fails to comply with the term of this CIA giving rise to the Breach. If the Provider cures the Breach, Stipulated Penalties shall cease accruing on the date that the Provider cures the Breach.
b. The penalty shall be assessable for each Breach of any term of this CIA, independent of any other Breach of this CIA.
3. A Stipulated Penalty of $50,000 shall be imposed for each false certification submitted by or on behalf of Provider as part of its Implementation Report, Annual Reports, additional documentation to a report (as requested by OMIG), or as otherwise required by this CIA. In addition to any other remedy available to OMIG under the terms of this CIA, a false certification may also subject the person making the false certification to criminal prosecution for a misdemeanor or felony under the New York State Penal Law.
4. A Stipulated Penalty of $50,000 shall be imposed for each false statement made by or on behalf of Provider under this CIA. Stipulated Penalties for false statements will apply to each false statement. In addition to any other remedy also available to OMIG under the terms of this CIA, a false statement may subject the person making the false statement to criminal prosecution for a misdemeanor or felony under the New York State Penal Law.