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8 <br />9 <br />to <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br />37 <br />5. Upon written confirmation from ADMINISTRATOR's Compliance Officer that the <br />CONTRACTOR Compliance Program and Code of Conduct contains all required elements, <br />CONTRACTOR shall ensure that all Covered Individuals relative to this Agreement are made aware of <br />CONTRACTOR's Compliance Program, Code of Conduct and related policies and procedures. <br />6. Failure of CONTRACTOR to submit its Compliance Program, Code of Conduct and <br />relevant policies and procedures shall constitute a material breach of this Agreement. Failure to cure <br />such breach within sixty (60) calendar days of such notice from ADMINISTRATOR shall constitute <br />grounds for termination of this Agreement as to the non - complying party. <br />B. SANCTION SCREENING — CONTRACTOR shall adhere to all screening policies and <br />procedures and screen all Covered Individuals employed or retained to provide services related to this <br />Agreement to ensure that they are not designated as Ineligible Persons, as pursuant to this Agreement. <br />Screening shall be conducted against the General Services Administration's Excluded Parties Last System <br />or System for Award Management, the Health and Human Services /Office of Inspector General List of <br />Excluded Individuals /Entities, and the California Medi -Cal Suspended and Ineligible Provider List and/or <br />any other list or system as identified by the ADMINISTRATOR. <br />1. Covered Individuals includes all contractors, subcontractors, agents, and other persons who <br />provide health care items or services or who perform billing or coding functions on behalf of <br />ADMINISTRATOR. Notwithstanding the above, this term does not include part -time or per -diem <br />employees, contractors, subcontractors, agents, and other persons who are not reasonably expected to <br />work more than one hundred sixty (160) hours per year; except that any such individuals shall become <br />Covered Individuals at the point when they work more than one hundred sixty (160) hours during the <br />calendar year. CONTRACTOR shall ensure that all Covered Individuals relative to this Agreement are <br />made aware of ADMINISTRATOR's Compliance Program, Code of Conduct and related policies and <br />procedures. <br />2. An Ineligible Person shall be any individual or entity who: <br />a. is currently excluded, suspended, debarred or otherwise ineligible to participate in <br />federal and state health care programs; or <br />b. has been convicted of a criminal offense related to the provision of health care items or <br />services and has not been reinstated in the federal and state health care programs after a period of <br />exclusion, suspension, debarment, or ineligibility. <br />3. CONTRACTOR shall screen prospective Covered Individuals prior to hire or engagement. <br />CONTRACTOR shall not hire or engage any Ineligible Person to provide services relative to this <br />Agreement. <br />4. CONTRACTOR shall screen all current Covered Individuals and subcontractors <br />semi - annually to ensure that they have not become Ineligible Persons. CONTRACTOR shall also request <br />that its subcontractors use their best efforts to verify that they are eligible to participate in all federal and <br />State of California health programs and have not been excluded or debarred from participation in any <br />7 of 25 <br />x'' CONTRA4 "rS- ?Ul5= '•2015•?oWPIFFrr Cr[1E5 MINIC,yprUXITt fNAFY I5 -16 CA00C SAN15PHKKI6 <br />