with Disabilities Act, and all other applicable laws and regulations pertaining
to recipients of federal funds.
• Dentist shall perform Covered Services and shall ensure that Downstream
Entities perform Covered Services in a manner that complies and is
consistent with FCL’s obligations to MA Plan and MA Plan’s obligations to
CMS set forth in the MA Contract. Additionally, you shall perform Covered
Services and shall ensure that Downstream Entities perform Covered
Services in a manner that complies and is consistent with FCL’s obligations
to CMS set forth in the QHP Issuer Agreement.
• Dentist agrees that in no event, including, but not limited to non-payment by
FCL, insolvency of FCL, or breach of the Agreement or this Amendment,
shall Dentist bill, charge, collect a deposit from, impose surcharges or have
any recourse against an MA Member or a person acting on behalf of an MA
Member for Covered Services provided pursuant to this Amendment. This
Amendment does not prohibit collection of MA Member Cost Sharing, or fees
for non-covered services as long as MA Member has been informed in
advance that services are not covered, and that MA Member is financially
responsible for any non-covered services. Dentist further agrees that this
provision will survive termination of the Agreement and this Amendment.
Payments to Dentists may be, in whole or in part, from federal funds and
Dentist is subject to all laws applicable to individuals or entities receiving
federal funds.
• Dentist acknowledges that FCL and MA Plan are required under applicable
federal law and regulations to submit to CMS certain information regarding
the benefits provided by MA Plan and quality and performance indicators.
Dentist acknowledges that FCL and MA Plan may be required under such
laws and regulations to disclose certain information to MA Members and
QHP Members in such form and manner requested by CMS. Dentist shall
maintain all records and reports reasonably requested by FCL and shall
provide such records and reports to FCL to enable FCL and MA Plan to
meet their obligations to submit such information to CMS and to disclose
certain information to MA Members and QHP Members as required by
applicable law and regulations.
• If Dentist contracts with a Downstream Entity to fulfill Dentist’s obligations
hereunder, Dentist shall require the Downstream Entity by written
agreement, and shall require such Downstream Entities to include in their
contracts with other Downstream entities, to comply with all provisions of
these Required Terms and which expressly requires each Downstream
Entity to: (a) comply with all applicable laws and regulations, including but
not limited to the provisions of 45 C.F.R. Parts 155 and 156 and 42 C.F.R.
Part 422, to the extent relevant, in performing or assisting in the performance
of services; and (b) grant access to its books, contracts, computers, or other
electronic systems relating to such Downstream Entity’s compliance with
applicable provisions under 45 C.F.R. Parts 155 and 156 and 42 C.F.R. Part
422 to FCL, MA Plan, and HHS and the Comptroller General (or their
designees) for the duration of the period in which the Agreement is effective,
and for a minimum of ten (10) years from the date the Agreement terminates
or the date of completion of an audit by CMS, whichever is later. FCL
retains the right to approve, suspend, or terminate any arrangement between
Dentist and a selected Downstream Entity with respect to services provided
under these Required Terms.
• Excluded Persons. Dentist represents and certifies that neither it, nor its
Affiliated Parties or Downstream Entities have been suspended or excluded