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.
Appears in 2 contracts
Sources: Corporate Integrity Agreement, Corporate Integrity Agreement
Stipulated Penalties for Failure to Comply with Certain Obligations. As a contractual remedy, Rehab 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. Unless otherwise specified herein, any Breach of any term of this CIA shall be subject to a A Stipulated Penalty of $2,500 per day(which shall begin to accrue on the day after the date the obligation became due) for each day Rehab 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. the Board of Directors compliance obligations;
d. the management certification obligations;
e. a written Code of Conduct;
f. written Policies and Procedures;
g. the development and/or implementation of a Training Plan for the training of Covered Persons, Relevant Covered Persons, and Board Members;
h. a risk assessment and mitigation process as required in Section III.E;
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;
m. the repayment of Overpayments as required by Section III.I; n. reporting of Reportable Events; and
o. disclosure of changes to business units or locations.
a. The 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 Rehab fails to engage and use an IRO, as required in Section III.D, Appendix A, and 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 Rehab fails to submit the Implementation Report or any Annual Reports 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 Rehab fails to submit any Claims Review Report in accordance with the requirements of Section III.D and Appendix B.
5. A Stipulated Penalty of $1,500 for each day Rehab fails to grant access as required in Section VII. (This Stipulated Penalty shall begin to accrue on the day that the Breach occurs and shall continue to accrue for each day that the Provider date Rehab 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 Breachgrant access.)
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.
36. A Stipulated Penalty of $50,000 shall be imposed for each false certification submitted by or on behalf of Provider Rehab as part of its Implementation Report, Annual ReportsReport, additional documentation to a report (as requested by OMIGthe OIG), 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.
47. A Stipulated Penalty of $50,000 shall be imposed 1,000 for each false statement made by or on behalf day Rehab fails to comply fully and adequately with any obligation of Provider under this CIA. OIG shall provide notice to Rehab stating the specific grounds for its determination that Rehab has failed to comply fully and adequately with the CIA obligation(s) at issue and steps Rehab shall take to comply with the CIA. (This Stipulated Penalties Penalty shall begin to accrue 10 days after ▇▇▇▇▇ receives this notice from OIG of the failure to comply.) A Stipulated Penalty as described in this Subsection shall not be demanded for false statements will apply to each false statement. In addition to any other remedy also available to OMIG violation for which OIG has sought a Stipulated Penalty under the terms Subsections 1- 6 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 LawSection.
Appears in 2 contracts
Sources: Corporate Integrity Agreement, Corporate Integrity Agreement
Stipulated Penalties for Failure to Comply with Certain Obligations. As a contractual remedy, AtriCure, Inc. 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. Unless otherwise specified herein, any Breach of any term of this CIA shall be subject to a A Stipulated Penalty of $2,500 per day(which shall begin to accrue on the day after the date the obligation became due) for each day AtriCure, Inc. fails to establish and CORPORATE INTEGRITY AGREEMENT ATRICURE, INC. implement any of the following obligations as described in Section III:
a. a Compliance Officer;
b. a Compliance Committee;
c. a written Code of Conduct;
d. written Policies and Procedures;
e. the training of Covered Persons and Relevant Covered Persons;
f. a Disclosure Program;
g. Ineligible Persons screening and removal requirements;
h. notification of Government investigations or legal proceedings; and
i. reporting of Reportable Events.
a. The 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 AtriCure, Inc. fails to engage an IRO, as required in Section III.D and Appendices A and 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 AtriCure, Inc. fails to submit the Implementation Report or any Annual Reports 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 AtriCure, Inc. fails to submit the annual IRO Review Report(s) in accordance with the requirements of Section III.D and Appendices A and B.
5. A Stipulated Penalty of $2,000 (which shall begin to accrue on the date the failure to comply began) for each day AtriCure, Inc. employees or contracts with an CORPORATE INTEGRITY AGREEMENT ATRICURE, INC. Ineligible Person and that person: (i) has responsibility for, or involvement with, AtriCure, Inc.’s business operations related to Federal health care programs; or (ii) is in a position for which the person’s salary or the items or services rendered or ordered by the person are paid in whole or part, directly or indirectly, by Federal health care programs or otherwise with Federal funds (the Stipulated Penalty described in this paragraph shall not be demanded for any time period during with AtriCure, Inc. can demonstrate that it did not discover the person’s exclusion or other ineligibility after making a reasonable inquiry (as described in section III.F) as to the status of the person.
6. A Stipulated Penalty of $1,500 for each day AtriCure, Inc. fails to grant access as required in Section VII. (This Stipulated Penalty shall begin to accrue on the day that the Breach occurs and shall continue to accrue for each day that the Provider date AtriCure, Inc. 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 Breachgrant access.)
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.
37. A Stipulated Penalty of $50,000 shall be imposed 5,000 for each false certification submitted by or on behalf of Provider AtriCure, Inc. as part of its Implementation Report, Annual ReportsReport, additional documentation to a report (as requested by OMIGthe OIG), 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.
48. A Stipulated Penalty of $50,000 shall be imposed 1,000 for each false statement made by or on behalf day AtriCure, Inc. fails to comply fully and adequately with any obligation of Provider under this CIA. OIG shall provide notice to AtriCure, Inc. stating the specific grounds for its determination that AtriCure, Inc. has failed to comply fully and adequately with the CIA obligation(s) at issue and steps AtriCure, Inc. shall take to comply with the CIA. (This Stipulated Penalties Penalty shall begin to accrue 10 days after AtriCure, Inc. receives this notice from OIG of the failure to comply.) A Stipulated Penalty as described in this Subsection shall not be demanded for false statements will apply to each false statement. In addition to any other remedy also available to OMIG violation for which OIG has sought a Stipulated Penalty under the terms Subsections 1-7 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 LawSection.
Appears in 1 contract