Common use of Termination for Unavailability of Funds Clause in Contracts

Termination for Unavailability of Funds. The State of West Virginia, Department of Administration Purchasing through the Department at its discretion, may terminate at any time, the whole, or any part of, this Contract or modify the terms of the Contract if federal or state funding for the Contract, the Medicaid program, or the ▇▇▇▇▇▇ Care program as a whole is reduced or terminated for any reason. Modification of the Contract includes, but is not limited to, reduction of the rates or amounts of consideration, reducing services covered by the MCO, or the alteration of the manner of the performance in order to reduce expenditures under the contract. Whenever possible, the MCO will be given thirty (30) calendar days notification of termination. After modification of the contract, the MCO will have the right not to continue the Contract if the new Contract terms are deemed to be insufficient, notwithstanding any other provision of this contract. The MCO will have a minimum of sixty (60) calendar days to notify the State of West Virginia, Department of Administration Purchasing through the Department regarding its desire to accept new terms. If the new capitation rates and any other Contract modifications are not established at least sixty (60) calendar days prior to the expiration of the initial or extension agreement, the Department will reimburse the MCO at the higher of the new or current capitation rates for that period during which the new agreement period had commenced and the MCO’s sixty (60) calendar day determination and notification period had not been completed, and the MCO will be held to the terms of the executed contract. If the Department is not allotted funds in any succeeding fiscal year for the continued use of the services covered by this contract, the Department may terminate the Contract pursuant to Article II, Section 6, hereof at the end of the affected current fiscal period without further charge or penalty. The Department is obligated to pay all charges incurred through the end of the fiscal year at which time this Contract will terminate. The Department must give the MCO written notice of such non-allocation of funds as soon as possible after the Department receives notice of such non-allocation. No penalty may accrue to the MCO in the event this provision is exercised.

Termination for Unavailability of Funds. The State of West Virginia, Department of Administration Purchasing through the Department BMS at its discretion, may terminate at any time, the whole, or any part of, this Contract or modify the terms of the Contract if federal or state funding for the Contract, Contract or for the Medicaid program, or the ▇▇▇▇▇▇ Care program as a whole is reduced or terminated for any reason. Modification of the Contract includes, but is not limited to, reduction of the rates or amounts of consideration, reducing services covered by the MCO, or the alteration of the manner of the performance in order to reduce expenditures under the contract. Whenever possible, the MCO will be given thirty (30) calendar days notification of termination. After modification of the contract, the MCO will have the right not to continue the Contract if the new Contract terms are deemed to be insufficient, notwithstanding any other provision of this contract. The MCO will have a minimum of sixty (60) calendar days to notify the State of West Virginia, Department of Administration Purchasing through the Department BMS regarding its desire to accept new terms. If the new capitation rates and any other Contract modifications are not established at least sixty (60) calendar days prior to the expiration of the initial or extension agreement, the Department BMS will reimburse the MCO at the higher of the new or current capitation rates for that period during which the new agreement period had commenced and the MCO’s sixty (60) calendar day determination and notification period had not been completed, and the MCO will be held to the terms of the executed contract. If the Department BMS is not allotted funds in any succeeding fiscal year for the continued use of the services covered by this contract, the Department BMS may terminate the Contract pursuant to Article II, Section 6, hereof at the end of the affected current fiscal period without further charge or penalty. The Department BMS is obligated to pay all charges incurred through the end of the then fiscal year at which time this Contract will terminate. The Department BMS must give the MCO written notice of such non-allocation of funds as soon as possible after the Department BMS receives notice of such non-allocation. No penalty may accrue to the MCO in the event this provision is exercised.

Termination for Unavailability of Funds. The State of West Virginia, Department of Administration Purchasing through the Department BMS at its discretion, may terminate at any time, the whole, or any part of, this Contract or modify the terms of the Contract if federal or state funding for the Contract, Contract or for the Medicaid program, or the ▇▇▇▇▇▇ Care WVCHIP program as a whole is reduced or terminated for any reason. Modification of the Contract includes, but is not limited to, reduction of the rates or amounts of consideration, reducing services covered by the MCO, or the alteration of the manner of the performance in order to reduce expenditures under the contract. Whenever possible, the MCO will be given thirty (30) calendar days notification of termination. After modification of the contract, the MCO will have the right not to continue the Contract if the new Contract terms are deemed to be insufficient, notwithstanding any other provision of this contract. The MCO will have a minimum of sixty (60) calendar days to notify the State of West Virginia, Department of Administration Purchasing through the Department BMS regarding its desire to accept new terms. If the new capitation rates and any other Contract modifications are not established at least sixty (60) calendar days prior to the expiration of the initial or extension agreement, the Department BMS will reimburse the MCO at the higher of the new or current capitation rates for that period during which the new agreement period had commenced and the MCO’s sixty (60) calendar day determination and notification period had not been completed, and the MCO will be held to the terms of the executed contract. If the Department BMS is not allotted funds in any succeeding fiscal year for the continued use of the services covered by this contract, the Department BMS may terminate the Contract pursuant to Article II, Section 6, hereof at the end of the affected current fiscal period without further charge or penalty. The Department BMS is obligated to pay all charges incurred through the end of the then fiscal year at which time this Contract will terminate. The Department BMS must give the MCO written notice of such non-allocation of funds as soon as possible after the Department BMS receives notice of such non-allocation. No penalty may accrue to the MCO in the event this provision is exercised.

Termination for Unavailability of Funds. The State of West Virginia, Department of Administration Purchasing through the Department at its discretion, discretion may terminate at any time, time the whole, whole or any part of, of this Contract contract or modify the terms of the Contract contract if federal or state funding for the Contract, contract or for the Medicaid program, or the ▇▇▇▇▇▇ Care program as a whole is reduced or terminated for any reason. Modification of the Contract contract includes, but is not limited to, reduction of the rates or amounts of consideration, reducing services covered by the MCO, or the alteration of the manner of the performance in order to reduce expenditures under the contract. Whenever possible, the MCO will be given thirty (30) calendar 30 days notification of termination. After modification of the contract, the MCO will have the right not to continue the Contract contract if the new Contract contract terms are deemed to be insufficient, notwithstanding any other provision of this contract. The MCO will have a minimum of sixty (60) calendar 60 days to notify the State of West Virginia, Department of Administration Purchasing through the Department regarding its desire to accept new terms. If the new capitation rates and any other Contract contract modifications are not established at least sixty (60) calendar 60 days prior to the expiration of the initial or extension agreement, the Department will reimburse the MCO at the higher of the new or current capitation rates for that period during which the new agreement period had commenced and the MCO’s sixty (60) calendar -day determination and notification period had not been completed, and the MCO will be held to the terms of the executed contract. If the Department is not allotted funds in any succeeding fiscal year for the continued use of the services covered by this contract, the Department may terminate the Contract contract pursuant to Article II, Section 6, hereof at the end of the affected current fiscal period without further charge or penalty. The Department is obligated to pay all charges incurred through the end of the then fiscal year at which time this Contract contract will terminate. The Department must give the MCO written notice of such non-allocation of funds as soon as possible after the Department receives notice of such non-allocation. No penalty may accrue to the MCO Department in the event this provision is exercised.

Termination for Unavailability of Funds. The State of West Virginia, Department of Administration Purchasing through the Department BMS at its discretion, may terminate at any time, the whole, or any part of, this Contract or modify the terms of the Contract if federal or state funding for the Contract, Contract or for the Medicaid program, or the ▇▇▇▇▇▇ Care WVCHIP program as a whole is reduced or terminated for any reason. Modification of the Contract includes, but is not limited to, reduction of the rates or amounts of consideration, reducing services covered by the MCO, or the alteration of the manner of the performance in order to reduce expenditures under the contract. Whenever possible, the MCO will be given thirty (30) calendar days notification of termination. After modification of the contract, the MCO will have the right not to continue the Contract if the new Contract terms are deemed to be insufficient, notwithstanding any other provision of this contract. The MCO will have a minimum of sixty (60) calendar days to notify the State of West Virginia, Department of Administration Purchasing through the Department BMS regarding its desire to accept new terms. If the new capitation rates and any other Contract modifications are not established at least sixty (60) calendar days prior to the expiration of the initial or extension agreement, the Department BMS will reimburse the MCO at the higher of the new or current capitation rates for that period during which the new agreement period had commenced and the MCO’s sixty (60) calendar day determination and notification period had not been completed, and the MCO will be held to the terms of the executed contract. If the Department BMS is not allotted funds in any succeeding fiscal year for the continued use of the services covered by this contract, the Department BMS may terminate the Contract pursuant to Article II, Section 6, hereof at the end of the affected current fiscal period without further charge or penalty. The Department BMS is obligated to pay all charges incurred through the end of the then fiscal year at which time this Contract will terminate. The Department BMS must give the MCO written notice of such non-allocation of funds as soon as possible after the Department BMS receives notice of such non-allocation. No penalty may accrue to the MCO in the event this provision is exercised.

Termination for Unavailability of Funds. a. The State of West Virginia, Department of Administration Purchasing through the Department DEPARTMENT at its discretion, discretion may terminate at any time, time the whole, whole or any part of, of this Contract contract or modify the terms of the Contract contract if federal or state funding for the Contract, contract or for the Medicaid program, or the ▇▇▇▇▇▇ Care program as a whole is reduced or terminated for any reason. Modification of the Contract contract includes, but is not limited to, reduction of the rates or amounts of consideration, reducing services covered by the MCO, or the alteration of the manner of the performance in order to reduce expenditures under the contract. Whenever possible, the MCO will be given thirty (30) calendar days notification of termination. After modification 109 b. In the event of a reduction in the appropriation from the state or federal budget for the Division of Health Care Financing of the Department of Social Services or an across-the-board budget reduction affecting the Department of Social Services, the DEPARTMENT may either re-negotiate this contract or terminate with thirty (30) days written notice. Any reduction in the capitation rates that is agreed upon by the parties or any subsequent termination of this contract by the DEPARTMENT in accordance with this provision shall only affect capitation payments or portions thereof for covered services purchased on or after the effective date of any such reduction or termination. Should the DEPARTMENT elect to renegotiate the contract, the DEPARTMENT will provide the MCO will with those contract modifications, including capitation rate revisions, it would deem acceptable. c. The MCO shall have the right not to continue extend the Contract contract if the new Contract contract terms are deemed to be insufficient, insufficient notwithstanding any other provision of this contract. The MCO will shall have a minimum of sixty (60) calendar days to notify the State of West Virginia, Department of Administration Purchasing through the Department DEPARTMENT regarding its desire to accept new terms. If the new capitation rates and any other Contract contract modifications are not established at least sixty (60) calendar days prior to the expiration of the initial or extension agreement, the Department DEPARTMENT will reimburse the MCO at the higher of the new or current capitation rates for that period during which the new agreement contract period had commenced and the MCO’s 's sixty (60) calendar day determination and notification period had not been completed, and the MCO will be held to the terms of the executed contract. If the Department is not allotted funds in any succeeding fiscal year for the continued use of the services covered by this contract, the Department may terminate the Contract pursuant to Article II, Section 6, hereof at the end of the affected current fiscal period without further charge or penalty. The Department is obligated to pay all charges incurred through the end of the fiscal year at which time this Contract will terminate. The Department must give the MCO written notice of such non-allocation of funds as soon as possible after the Department receives notice of such non-allocation. No penalty may accrue to the MCO in the event this provision is exercised.

Termination for Unavailability of Funds. The State of West Virginia, Department of Administration Purchasing through the Department at its discretion, discretion may terminate at any time, time the whole, whole or any part of, of this Contract contract or modify the terms of the Contract contract if federal or state funding for the Contract, contract or for the Medicaid program, or the ▇▇▇▇▇▇ Care program as a whole is reduced or terminated for any reason. Modification of the Contract contract includes, but is not limited to, reduction of the rates or amounts of consideration, reducing services covered by the MCO, or the alteration of the manner of the performance in order to reduce expenditures under the contract. Whenever possible, the MCO will be given thirty (30) calendar 30 days notification of termination. After modification of the contract, the MCO will shall have the right not to continue the Contract contract if the new Contract contract terms are deemed to be insufficient, insufficient notwithstanding any other provision of this contract. The MCO will shall have a minimum of sixty (60) calendar 60 days to notify the State of West Virginia, Department of Administration Purchasing through the Department regarding its desire to accept new terms. If the new capitation rates and any other Contract contract modifications are not established at least sixty (60) calendar 60 days prior to the expiration of the initial or extension agreement, the Department will reimburse the MCO at the higher of the new or current capitation rates for that period during which the new agreement period had commenced and the MCO’s sixty (60) calendar -day determination and notification period had not been completed, and the MCO will be held to the terms of the executed contract. If the Department is not allotted funds in any succeeding fiscal year for the continued use of the services covered by this contract, the Department may terminate the Contract contract pursuant to Article II, Section 6, 6.12 hereof at the end of the affected current fiscal period without further charge or penalty. The Department is shall be obligated to pay all charges incurred through the end of the then fiscal year at which time this Contract will contract shall terminate. The Department must shall give the MCO written notice of such non-allocation of funds as soon as possible after the Department receives notice of such non-allocation. No penalty may shall accrue to the MCO Department in the event this provision is exercised.

Termination for Unavailability of Funds. a. The State of West Virginia, Department of Administration Purchasing through the Department DEPARTMENT at its discretion, discretion may terminate at any time, time the whole, whole or any part of, of this Contract contract or modify the terms of the Contract contract if federal or state funding for the Contract, contract or for the Medicaid program, or the ▇▇▇▇▇▇ Care program as a whole is reduced or terminated for any reason. Modification of the Contract contract includes, but is not limited to, reduction of the rates or amounts of consideration, reducing services covered by the MCO, or the alteration of the manner of the performance in order to reduce expenditures under the contract. Whenever possible, the MCO will be given thirty (30) calendar days notification of termination. b. In the event of a reduction in the appropriation from the state or federal budget for the Division of Health Care Financing of the Department of Social Services or an across-the-board budget reduction affecting the Department of Social Services, the DEPARTMENT may either re-negotiate this contract or terminate with thirty (30) days written notice. After modification Any reduction in the capitation rates that is agreed upon by the parties or any subsequent termination of this contract by the DEPARTMENT in accordance with this provision shall only affect capitation payments or portions thereof for covered services purchased on or after the effective date of any such reduction or termination. Should the DEPARTMENT elect to renegotiate the contract, the DEPARTMENT will provide the MCO will with those contract modifications, including capitation rate revisions, it would deem acceptable. c. The MCO shall have the right not to continue extend the Contract contract if the new Contract contract terms are deemed to be insufficient, insufficient notwithstanding any other provision of this contract. The MCO will shall have a minimum of sixty (60) calendar days to notify the State of West Virginia, Department of Administration Purchasing through the Department DEPARTMENT regarding its desire to accept new terms. If the new capitation rates and any other Contract contract modifications are not established at least sixty (60) calendar days prior to the expiration of the initial or extension agreement, the Department DEPARTMENT will reimburse the MCO at the higher of the new or current capitation rates for that period during which the new agreement contract period had commenced and the MCO’s 's sixty (60) calendar day determination and notification period had not been completed, and the MCO will be held to the terms of the executed contract. If the Department is not allotted funds in any succeeding fiscal year for the continued use of the services covered by this contractAugust 8, the Department may terminate the Contract pursuant to Article II, Section 6, hereof at the end of the affected current fiscal period without further charge or penalty. The Department is obligated to pay all charges incurred through the end of the fiscal year at which time this Contract will terminate. The Department must give the MCO written notice of such non-allocation of funds as soon as possible after the Department receives notice of such non-allocation. No penalty may accrue to the MCO in the event this provision is exercised.2003

Termination for Unavailability of Funds. a. The State of West Virginia, Department of Administration Purchasing through the Department DEPARTMENT at its discretion, discretion may terminate at any time, time the whole, whole or any part of, of this Contract contract or modify the terms of the Contract contract if federal or state funding for the Contract, contract or for the Medicaid program, or the ▇▇▇▇▇▇ Care program as a whole is reduced or terminated for any reason. Modification of the Contract contract includes, but is not limited to, reduction of the rates or amounts of consideration, reducing services covered by the MCO, or the alteration of the manner of the performance in order to reduce expenditures under the contract. Whenever possible, the MCO will be given thirty (30) calendar days notification of termination. b. In the event of a reduction in the appropriation from the state or federal budget for the Division of Health Care Financing of the Department of Social Services or an across-the-board budget reduction affecting the Department of Social Services, the DEPARTMENT may either re­ negotiate this contract or terminate with thirty (30) days written notice. After modification Any reduction in the capitation rates that is agreed upon by the parties or any subsequent termination of this contract by the DEPARTMENT in accordance with this provision shall only affect capitation payments or portions thereof for covered services purchased on or after the effective date of any such reduction or termination. Should the DEPARTMENT elect to renegotiate the contract, the DEPARTMENT will provide the MCO will with those contract modifications, including capitation rate revisions, it would deem acceptable. c. The MCO shall have the right not to continue extend the Contract contract if the new Contract contract terms are deemed to be insufficient, insufficient notwithstanding any other provision of this contract. The MCO will shall have a minimum of sixty (60) calendar days to notify the State of West Virginia, Department of Administration Purchasing through the Department DEPARTMENT regarding its desire to accept new terms. If the new capitation rates and any other Contract contract modifications are not established at least sixty (60) calendar days prior to the expiration of the initial or extension agreement, the Department DEPARTMENT will reimburse the MCO at the higher of the new or current capitation rates for that period during which the new agreement contract period had commenced and the MCO’s 's sixty (60) calendar day determination and notification period had not been completed, and the MCO will be held to the terms of the executed contract. If the Department is not allotted funds in any succeeding fiscal year for the continued use of the services covered by this contract, the Department may terminate the Contract pursuant to Article II, Section 6, hereof at the end of the affected current fiscal period without further charge or penalty. The Department is obligated to pay all charges incurred through the end of the fiscal year at which time this Contract will terminate. The Department must give the MCO written notice of such non-allocation of funds as soon as possible after the Department receives notice of such non-allocation. No penalty may accrue to the MCO in the event this provision is exercised.