Common use of Terminations - Pre-termination Processes Clause in Contracts

Terminations - Pre-termination Processes. 12.40.1 Either party to the Contract shall give the other party to the Contract written notice of the intent to terminate this Contract and the reason for termination. 12.40.2 If either party disagrees with the other party’s decision to terminate this Contract, other than for reduction in funding, that party will have the right to a dispute resolution as described in Section 12.10, Disputes. 12.40.3 If the Contractor disagrees with an HCA decision to terminate this Contract and the dispute process is not successful, HCA shall provide the Contractor a pre-termination hearing prior to termination of the Contract under 42 CFR 438.708. DSHS shall: 12.40.3.1 Give the Contractor written notice of the intent to terminate, the reason for termination, and the time and place of the hearing; 12.40.3.2 Give the Contractor (after the hearing) written notice of the decision affirming or reversing the proposed termination of this Contract, and for an affirming decision the effective date of termination; and 12.40.3.3 For an affirming decision, give enrollees notice of the termination and information consistent with 42 CFR 438.10 on their options for receiving Medicaid services following the effective date of termination.

Terminations - Pre-termination Processes. 12.40.1 Either party to the Contract shall give the other party to the Contract written notice notice, as described in the Notices section of the General Terms and Conditions, of the intent to terminate this Contract and the reason for termination. 12.40.2 2.17.1. If either party disagrees with the other party’s decision to terminate this Contract, other than a termination for reduction in fundingconvenience, that party will have the right to a dispute resolution as described in Section 12.10, Disputesthe Disputes section of the General Terms and Conditions. 12.40.3 2.17.2. If the Contractor disagrees with an HCA a DSHS decision to terminate this Contract and the dispute process is not successful, HCA DSHS shall provide the Contractor a pre-termination hearing prior to termination of the Contract under 42 CFR 438.708. DSHS shall: 12.40.3.1 2.17.2.1. Give the Contractor written notice of the intent to terminate, the reason for termination, and the time and place of the hearing; 12.40.3.2 2.17.2.2. Give the Contractor (after the hearing) written notice of the decision affirming or reversing the proposed termination of this Contract, and for an affirming decision the effective date of termination; and 12.40.3.3 2.17.2.3. For an affirming decision, give enrollees notice of the termination and information consistent with 42 CFR 438.10 on their options for receiving Medicaid services following the effective date of termination.