Okla. Admin. Code § 317:55-5-12 - Termination of contract
(a) The Contract
may be terminated prior to its scheduled expiration date only for the reasons
specified in this Section.
(1)
Termination for mutual consent. OHCA and the CE or DBM may
terminate the contract by mutual written agreement.
(2)
Termination for convenience.
The OHCA may terminate the contract , in whole or in part, for convenience if it
is determined that termination is in the state's best interest.
(3)
Termination for default.
OHCA may, at its election, assign Enrollees to another DBM /CE or provide
benefits through other State Plan authority if the DBM /CE has breached this
contract and is unable or unwilling to cure such breach within the period of
time as specified in writing by OHCA .
(4)
Termination for unavailability of
funds. If state, federal, or other funding is not sufficiently
appropriated, or is withdrawn, reduced, or limited in any way after the
effective date of the contract , OHCA may terminate this contract immediately,
effective on the close of business on the day specified. OHCA shall be the
final authority as to the availability of funds.
(5)
Termination for lack of
authority. If any necessary federal or state approval or authority to
operate the Sooner Select Medical or Dental program is not granted, or the
Oklahoma Legislature prohibits OHCA from contracting with a CE or DBM for the
provision of health care for Eligibles or Enrollees, OHCA may terminate this
contract immediately, effective on the close of business on the day
specified.
(6)
Termination
for financial instability. If the OHCA deems, in its sole discretion,
that the CE or DBM is financially unstable to the point of threatening the
ability of OHCA to obtain the services provided for under this contract , ceases
to conduct business in the normal course, makes a general assignment for the
benefit of creditors or suffers or permits the appointment of a receiver for
its business or its assets, then OHCA may, at its option, immediately terminate
this Contract effective on the close of business on the date
specified.
(7)
Termination
for debarment. The CE or DBM will not knowingly have a relationship with
an individual or affiliate, as defined in
42 C.F.R. §
438.610.
(b)
Transition period
requirements. A transition period begins upon notification by the OHCA
of intent to terminate the contract , notice by the CE or DBM or OHCA of intent
not to extend the contract for a subsequent extension period, or if the CE or
DBM has no remaining extension periods.
Notes
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