Common use of Tailored remedies Clause in Contracts

Tailored remedies. (a) Understanding of the Parties. MCO agrees and understands that HHSC may pursue tailored contractual remedies for noncompliance with the Contract. At any time and at its discretion, HHSC may impose or pursue one or more remedies for each item of noncompliance and will determine remedies on a case-by-case basis. HHSC’s pursuit or non-pursuit of a tailored remedy does not constitute a waiver of any other remedy that HHSC may have at law or equity. (b) Notice and opportunity to cure for non- material breach. (1) HHSC will notify MCO in writing of specific areas of MCO performance that fail to meet performance expectations, standards, or schedules set forth in the Contract, but that, in the determination of HHSC, do not result in a material deficiency or delay in the implementation or operation of the Services. (2) MCO will, within five (5) Business Days (or another date approved by HHSC) of receipt of written notice of a non-material deficiency, provide the HHSC Project Manager a written response that: (i) Explains the reasons for the deficiency, MCO’s plan to address or cure the deficiency, and the date and time by which the deficiency will be cured; or (ii) If MCO disagrees with HHSC’s findings, its reasons for disagreeing with HHSC’s findings. (3) MCO’s proposed cure of a non-material deficiency is subject to the approval of HHSC. MCO’s repeated commission of non-material deficiencies or repeated failure to resolve any such deficiencies may be regarded by HHSC as a material deficiency and entitle HHSC to pursue any other remedy provided in the Contract or any other appropriate remedy HHSC may have at law or equity.

Tailored remedies. (a) Understanding of the Parties. MCO Dental Contractor agrees and understands that HHSC may pursue tailored contractual remedies for noncompliance with the Contract. At any time and at its discretion, HHSC may impose or pursue one or more remedies for each item of noncompliance and will determine remedies on a case-by-case basis. HHSC’s pursuit or non-pursuit of a tailored remedy does not constitute a waiver of any other remedy that HHSC may have at law or equity. (b) Notice and opportunity to cure for non- non-material breach. (1) HHSC will notify MCO Dental Contractor in writing of specific areas of MCO Dental Contractor performance that fail to meet performance expectations, standards, or schedules set forth in the Contract, but that, in the determination of HHSC, do not result in a material deficiency or delay in the implementation or operation of the Services.. Dental Services for Texas Children’s Medicaid and Children’s Health Insurance Program Contract No. HHS0002879-00003 Attachment B – Dental Contract Terms and Conditions (2) MCO Dental Contractor will, within five (5) Business Days (Days, or another date approved by HHSC) HHSC of receipt of written notice of a non-material deficiency, provide the HHSC Project Manager a written response that: (i) Explains the reasons for the deficiency, MCOthe Dental Contractor’s plan to address or cure the deficiency, and the date and time by which the deficiency will be cured; or (ii) If MCO Dental Contractor disagrees with HHSC’s findings, its reasons for disagreeing with HHSC’s findings. (3) MCODental Contractor’s proposed cure of a non-material deficiency is subject to the approval of HHSC. MCODental Contractor’s repeated commission of non-material deficiencies or repeated failure to resolve any such deficiencies may be regarded by HHSC as a material deficiency and entitle HHSC to pursue any other remedy provided in the Contract or any other appropriate remedy HHSC may have at law or equity.

Tailored remedies. (a) Understanding of the Parties. MCO HMO agrees and understands that HHSC may pursue tailored contractual remedies for noncompliance with the Contract. At any time and at its discretion, HHSC may impose or pursue one or more remedies for each item of noncompliance and will determine remedies on a case-by-case basis. HHSC’s pursuit or non-pursuit of a tailored remedy does not constitute a waiver of any other remedy that HHSC may have at law or equity. (b) Notice and opportunity to cure for non- non-material breach. (1) HHSC will notify MCO HMO in writing of specific areas of MCO HMO performance that fail to meet performance expectations, standards, or schedules set forth in the Contract, but that, in the determination of HHSC, do not result in a material deficiency or delay in the implementation or operation of the Services. (2) MCO HMO will, within five (5) Business Days (or another date approved by HHSC) of receipt of written notice of a non-material deficiency, provide the HHSC Project Manager a written response that: (iA) Explains the reasons for the deficiency, MCOHMO’s plan to address or cure the deficiency, and the date and time by which the deficiency will be cured; or (iiB) If MCO HMO disagrees with HHSC’s findings, its reasons for disagreeing with HHSC’s findings. (3) MCOHMO’s proposed cure of a non-material deficiency is subject to the approval of HHSC. MCOHMO’s repeated commission of non-material deficiencies or repeated failure to resolve any such deficiencies may be regarded by HHSC as a material deficiency and entitle HHSC to pursue any other remedy provided in the Contract or any other appropriate remedy HHSC may have at law or equity. (c) Corrective action plan. (1) At its option, HHSC may require HMO to submit to HHSC a written plan (the “Corrective Action Plan”) to correct or resolve a material breach of this Contract, as determined by HHSC. (2) The Corrective Action Plan must provide: (A) A detailed explanation of the reasons for the cited deficiency; (B) HMO’s assessment or diagnosis of the cause; and (C) A specific proposal to cure or resolve the deficiency. (3) The Corrective Action Plan must be submitted by the deadline set forth in HHSC’s request for a Corrective Action Plan. The Corrective Action Plan is subject to approval by HHSC, which will not unreasonably be withheld. (4) HHSC will notify HMO in writing of HHSC’s final disposition of HHSC’s concerns. If HHSC accepts HMO’s proposed Corrective Action Plan, HHSC may: (A) Condition such approval on completion of tasks in the order or priority that HHSC may reasonably prescribe; Responsible Office: HHSC Office of General Counsel (OGC) Subject: Attachment A -- HHSC Uniform Managed Care Contract Terms & Conditions Version 1.7 (B) Disapprove portions of HMO’s proposed Corrective Action Plan; or (C) Require additional or different corrective action(s). Notwithstanding the submission and acceptance of a Corrective Action Plan, HMO remains responsible for achieving all written performance criteria. (5) HHSC’s acceptance of a Corrective Action Plan under this Section will not: (A) Excuse HMO’s prior substandard performance; (B) Relieve HMO of its duty to comply with performance standards; or (C) Prohibit HHSC from assessing additional tailored remedies or pursuing other appropriate remedies for continued substandard performance.