AZ
"51. SUBCONTRACTS
The Contractor shall be
legally responsible for contract performance whether or not subcontracts
are used. No subcontract shall operate to terminate the legal responsibility
of the Contractor to assure that all activities carried out by the subcontractor
conform to the provisions of this contract…" Arizona Contract, page
49.
AZBH
"43. SUBCONTRACTS
ADHS shall be legally responsible
for contract performance whether or not subcontracts are used. No
subcontract shall operate to terminate the legal responsibility of ADHS
to assure that all activities carried out by the subcontractor conform
to the provisions of this contract...
44. SUBCONTRACTOR COMPLIANCE
WITH CONTRACT REQUIREMENTS
ADHS shall be held fully
liable for the performance of all contract requirements and shall develop
and maintain a system for regular and periodic assessment of all its subcontracted
RBHAs' compliance with its terms. ADHS shall advise AHCCCSA in writing
within five working days of any subcontracted RBHA non-compliance and of
the corrective measures taken, including the amount and duration of sanctions,
to ensure subsequent compliance." Arizona Behavioral Health Contract,
pages 34-35.
CA
"6.5 QUALITY IMPROVEMENT
SYSTEM
6.5.1 General
Requirement...
The Contractor will be accountable
for the quality of health care delivered whether it be preventive, primary,
specialty, emergency, or ancillary care services regardless of the number
of contracting and subcontracting layers between the Contractor and the
individual practitioner delivering care to the Member." California
Contract, page 86.
"6.5.2.6 Delegation
of QIP Activities
The Contractor is accountable
for Quality Improvement even when it delegates Quality Improvement activities
to its subcontractors." California Contract, page 89.
"6.5.5.7 Continuing Oversight
The Contractor will remain
responsible for the oversight and monitoring of delegated Facility review
activities." California Contract, page 95.
"6.8.2 Liability
The Contractor is responsible
for all Marketing activity conducted on behalf of the Contractor.
Contractor will be held liable for any and all violations by any Marketing
Representatives." California Contract, page 133.
CO
"X. SUBCONTRACTS
A. The Contractor shall
be responsible for all work performed under this Contract, but may, with
the approval of the Department, enter into subcontracts for the performance
of work required under this Contract. No subcontract which the Contractor
enters into with respect to performance under the Contract shall in any
way relieve the Contractor of any responsibility for the performance of
duties under this Contract.
B… If the Contractor delegates administrative activities to a Subcontractor, the Contractor shall prepare a written description of the subcontracted activities, accountability, frequency of reporting, and evaluation. The Contractor must maintain direct responsibility of the activity, and must be able to show evidence of the Subcontractor’s compliance during reviews and audits...
G. The Contractor shall be responsible to the Department to ensure that all activities under the subcontracts are carried out." Colorado Contract, pages 38-39.
CT
"3.43 Subcontracting for
Services...
The MCO shall be directly
responsible and liable for all of the contractual provisions under this
contract regardless of whether the MCO chooses to subcontract their responsibilities
to a third party. No subcontract shall operate to terminate the legal
responsibility of the MCO to assure that all activities carried out by
the subcontractor conform to the provisions of the contract…" Connecticut
Contract, pages 52-53.
DC
"ARTICLE IV - SUBCONTRACTS
A. No subcontract
shall terminate the legal obligation of Provider to ensure that all
activities carried out by the subcontractor conform to the provisions of
this contract. Subject to these conditions, any service or function
required to be provided by Provider may be subcontracted to a qualified
organization or person." District of Columbia Contract, pages 34-35.
FL
"14. Subcontracts. The plan is responsible for all work performed under this contract, but may, with the written approval of the agency, enter into subcontracts for the performance of work required under this contract...
No subcontract which the plan enters into with respect to performance under the contract shall in any way relieve the plan of any responsibility for the performance of duties under this contract. The plan shall assure that all tasks related to the subcontract are performed in accordance with the terms of this contract..." Florida Contract, page 62.
FLMH
"4.18 Subcontracts...
No subcontract which the
Contractor enters into with respect to performance under the contract resulting
from the RFP shall in any way relieve the contractor of any responsibility
for performance of its duties..." Florida Mental Health RFP, page
61.
GA
"1.040 Use of Subcontractors...
No subcontract shall
in any way relieve the Contractor of any responsibility for the performance
of all tasks defined in the Contract." Georgia RFP, Appendix E, page
3.
HI
"6. Subcontracts and
Assignments. The CONTRACTOR shall not assign or subcontract any of
the CONTRACTOR's duties, obligations, or interests under this Agreement
and no such assignment or subcontract shall be effective unless
(i) the CONTRACTOR
obtains the prior written consent of the STATE and
(ii) the CONTRACTOR's
assignee or subcontractor submits to the STATE a tax clearance certificate
from the Director of Taxation, State of Hawaii, showing that all delinquent
taxes, if any, levied or accrued under state law against the CONTRACTOR's
assignee or subcontractor have been paid. Additionally, no assignment
by the CONTRACTOR of the CONTRACTOR's right to compensation under this
Agreement shall be effective unless and until the assignment is approved
by the Comptroller of the State of Hawaii, as provided in section 40-58,
HRS." Hawaii Contract, page 3.
"60.600 Subcontracts/Provider
Agreements...
No subcontract or agreement
which the offer enters into with respect to the performance under this
contract shall in any way relieve the offer of any responsibility for any
performance required of it by this contract…" Hawaii RFP, pages 78-79.
HIBH
"60.600 Subcontracts/Provider
Agreements...
No subcontract or agreement
which the offeror enters into with respect to the performance under this
contract shall in any way relieve the offeror of any responsibility for
any performance required of it by this contract…" Hawaii Behavioral
Health RFP, pages 68-69.
IL
"(s) Subcontracts
The Contractor may furnish
any Covered Services identified in Article V(b) or any obligations under
this Contract by means of subcontractual relationships subject to the following
conditions: ...
(3) The Contractor
shall remain responsible for the performance of the subcontractor;
(4) No subcontract
can terminate the legal responsibilities of the Contractor to the Department
to assure that all the activities under this Contract will be carried out…"
Illinois HMO Contract, pages 47-48.
IN
"1.9 SUBCONTRACTING
OBLIGATIONS
Although it is anticipated
that any offeror who submits a proposal will perform the major portion
of the duties as requested, subcontracting by the successful offeror for
performance of any of the offeror's functions, whether described in the
Request for Proposals, the offeror's proposal, or the contract between
the successful offeror and the State, will be acceptable in performing
the requirements of this RFP, as long as the successful offeror obtains
the approval of the OMPP and IDOA before subcontracting any portion of
the project's requirements. The successful offeror is responsible
for the performance of any obligations that may result from the RFP.
No subcontract terminates the legal responsibility of the successful offeror
to the State to assume that all activities under the contract are carried
out..." Indiana RFP, page 1-11.
IA
"4.23 Subcontracts
with Providers and Other Subcontractors
All subcontracts entered
into by the HMO for the performance of any obligation under this Contract
shall be in writing...
The HMO shall remain responsible
for all services performed under this Contract…" Iowa Contract, page
38.
IABH
"12.2 USE OF SUBCONTRACTORS
FOR OTHERS THAN SERVICE PROVISION...
The Contractor will responsible
for all work performed under the contract, whether or not subcontractors
are used. No subcontract into which the Contractor enters with respect
to performance under the contractor will, an any way, relieve the Contractor
of any responsibility for performance of its duties, and any sub-contract
shall incorporate the terms of the Contract between the Departments and
the Contractor." Iowa Behavioral Health Contract, page 7.
"44.0 NETWORK MANAGEMENT
In managing provider network,
the Contractor shall also meet the following requirements: ...
4)...All contracts with
providers for special financial arrangements must be approved by the Departments
prior to implementation. Regardless of any sub-contractual arrangements,
the Contractor shall remain solely responsible for compliance with the
terms of this contract…" Iowa Behavioral Health Contract, pages 29-30.
KS
"B. SUBCONTRACTS
The HMO has the right to
subcontract for services specified under this contract. Any subcontract
into which the HMO enters with respect to performance under the contract
shall in no way relieve the HMO of any responsibility for performance of
its duties. SRS will consider the HMO to be the sole point of contact with
regard to contractual matters, including payment of any and all charges
resulting from the contract...
Subcontracts shall not terminate legal liability of the HMO under this contract…" Kansas Contract, pages 80-81.
"D. DELEGATIONS OF
AUTHORITY
1. HMO Contract, Page
2, Delegation of Authority. The following modification applies:
The reference paragraph,
No delegations
of authority are permitted under this contract.
is deleted in its entirety
and replace with the following:
No delegations
of authority are permitted under this contract, with the following exception:
SRS delegations of the Contractor has right to request MCO beneficiaries'
medical records from providers without first having to obtain patient's
consent for the purposes of resolving quality of care issues, responding
to or conducting clinical quality audits, and for responding to or conducting
financial audits…" Kansas Contract, Amendment Three.
KY
"IX. SUBCONTRACTS...
B. Requirements
The Contractor may,
with the approval of the Department, enter into Subcontracts for the performance
of its administrative functions or the provision of various Covered Services
to Members... No Subcontract shall in any way relieve the Contractor of
any responsibility for the performance of its duties pursuant to the Contract…"
Kentucky Contract, pages 37-38.
ME
"X. SUBCONTRACTS.
A. PRIME CONTRACTOR
LIABILITY
The Contractor is the ‘prime
contractor’ hereunder, is the sole point of contact in all contractual
matters, and shall be wholly responsible for performance of the entire
Contract. No subcontract into which the Contractor may enter shall
in any way relieve, alter, or in any manner detract from the Contractor's
responsibility or liability to perform its duties hereunder. All payments
for services covered by this Contract shall be made only to the Contractor."
Maine Contract, page 56.
MD
"10.09.65.17...
(3) When entering
into a subcontract to transfer to the subcontracting provider the initial
responsibility for providing specified health care services to the MCO's
enrollees, an MCO retains a primary duty to the Department and to its enrollees
to ensure that its subcontractor delivers the required services in a manner
that is consistent with the requirements of COMAR 10.09.62-10.09.73."
Maryland COMAR 10.09.65.17.
MA
"SECTION 2. CONTRACTOR
RESPONSIBILITIES...
Section 2.2 Administration
and Contract Management...
D. Subcontractors
The Contractor shall: ...
3. Remain fully responsible
for meeting all of the terms and requirements of the Contract regardless
of whether the Contractor subcontracts for performance of any Contract
responsibility. No subcontract will operate to relieve the Contractor
of its legal responsibilities under the Contract…" Massachusetts
Contract, pages 16-18.
MABH
"17. Subcontracting. None of the services to be provided by the Contractor pursuant to this Contract shall be subcontracted or delegated in whole or in part to any other organization, association, individual, corporation, partnership or other such entity without the prior written approval of the Division. No subcontract or delegation shall relieve or discharge the Contractor from any obligation or liability under this Contract except as specifically set forth in the instrument of approval..." Massachusetts MH/SAP Contract, page 5.
"B. Delegation to Subcontractors
The Contractor shall: ...
5. remain fully responsible
for meeting all of the terms and requirements of the Contract. No
Provider Agreement, subcontract or other agreement with providers shall
operate to relieve the Contractor of its legal responsibilities under the
Contract." Massachusetts MH/SAP Contract, Appendix A, pages 18-19.
MN
"Section 9.2. Subcontractors...
Section 9.2.6. Notwithstanding
Section 9.2.1., the HEALTH PLAN may contract with providers of health care
services to provide services to Enrollees of the HEALTH PLAN. Subcontracts
with other providers of health care services shall not abrogate or alter
the HEALTH PLAN's primary responsibility for performance under this Contract."
Minnesota Contract, page 84.
MO
"2.2.1 Health Plan Administration: … Similarly, the health plan may contract with a third party (subcontractor) to perform one or more of these functions. The health plans will be responsible for assuring that the subcontractor complies with all standards and procedures as established by the State and demonstrate compliance to the state agency." Missouri RFP, page 21.
"16. The health plan is responsible for assuring their subcontractors are advised of these guidelines and that subcontractors adhere to them. No subcontractor shall operate to relieve the Contractor of its obligations. Health plans must have written procedures to assure subcontractor notification and monitor compliance to guidelines." Missouri RFP, page 38.
"3.5 Subcontractors:
If approved by the State
of Missouri in writing, the contractor may subcontract for those services
described herein provided that any subcontracts include appropriate provisions
and contractual obligations to ensure the successful fulfillment of all
contractual
obligations agreed to by the Contractor and the State of Missouri and to
ensure that the State of Missouri is indemnified, saved, and held harmless
from and against any and all claims of damage, loss, and cost (including
attorney fees) of any kind related to a subcontract in those matters described
in the contract between the State of Missouri and the Contractor.
The Contractor shall expressly understand and agree that contractor shall
assume and be solely responsible for all legal and financial responsibilities
related to the execution of a subcontract.
3.5.2… The Contractor shall agree and understand that utilization of a subcontractor to provide any of the equipment or services in the contract shall in no way relieve the contractor of the legal responsibility for providing the equipment or services as described and set forth herein.." Missouri RFP, pages 101-102.
MT
"SECTION 10 ASSIGNMENT,
TRANSFER AND SUBCONTRACTING...
B. In the event the
DEPARTMENT approves of any assignment, transfer, delegation or subcontract,
the assignment, transfer, delegation or subcontract must meet any conditions
stated in the DEPARTMENT'S written approval... Subcontracts shall not terminate
legal liability of the CONTRACTOR under this contract." Montana Contract,
page 9.
NE
"8.9 Plan Responsibility: The plan shall solely be responsible for fulfilling all obligations imposed on it by this contract, with responsibility for all requirements as described. The plan shall be the sole point of contact regarding all contractual matters." Nebraska Contract, page 18.
NEBH
"8.9 PHP Responsibility/Subcontracting: The PHP is solely responsible for fulfilling all obligations imposed on it pursuant to this contract. The PHP shall be the sole point of contact regarding all contractual matters...
The PHP is not relieved of its responsibility for performing all obligations under this contract in the event a subcontractor is utilized." Nebraska Behavioral Health Contract, page 18.
"8.40.10 Use of Intermediaries: The use of subcontractors by the PHP to perform one or more of the PHP’s claims handling functions shall not in any way mitigate responsibility of the PHP to comply with all of the terms of Section 8.41." Nebraska Behavioral Health Contract, page 28.
NH
"Article II
Functions and Duties of
Contractor
In consideration of the
Agreement of the State contained in Article III, Contractor agrees: ...
2.17 SUBCONTRACTS-----To provide that all Subcontracts must be in writing. No Subcontract terminates the legal responsibility for assuring that all such Subcontracts fulfill the requirements of this Agreement..." New Hampshire General Service Agreement, page 10.
NJ
"ARTICLE 21
CONTRACTS AND SUBCONTRACTS...
21.3 No subcontract
will terminate the legal responsibility of the contractor to the Department
to assure that all activities under this contract are carried out.
The contractor is not relieved of its contractual responsibilities to the
Department by delegating responsibility to a subcontractor…" New Jersey
Contract, page 118.
"Standards for Internal Quality
Assurance Programs of HMOs, HIO's and PHPs Contracting with Medicaid...
STANDARD VIII: DELEGATION
OF QAP ACTIVITIES - The MCO remains accountable for all QAP functions,
even if certain functions are delegated to other entities…" New Jersey
Contract, pages 203-209.
NM
"ARTICLE 20 - SUBCONTRACTS
20.1 The CONTRACTOR
is solely responsible for fulfillment of the Agreement with HSD...
20.2 The CONTRACTOR
shall remain solely responsible for performance by any subcontractor under
such subcontract(s)...
20.4 Subcontracting
Requirements...
The CONTRACTOR remains
legally responsible to HSD for all work performed by any subcontractor…"
New Mexico Contract, page 90.
NY
"2.6 Assignment and
Subcontracting...
b)...Contractor agrees that
it shall remain legally responsible to LDSS for carrying out all activities
under this Agreement and that no subcontract shall limit or terminate Contractor's
responsibility…" New York Contract, page 2-3.
22. SUBCONTRACTS AND
PROVIDER AGREEMENTS...
22.5 Required Components...
b) No subcontract, including
any Provider Agreement shall limit or terminate the Contractor’s duties
and obligations under this Agreement…" New York Contract, pages 22-1-22-2.
NC
"SECTION 12 - SUBCONTRACTS
12.1 Requirements
The Plan may enter into
subcontracts for the performance of its administrative functions or for
the provision of various Covered Services to members…No subcontract shall
in any way relieve the plan of any responsibility for the performance of
its duties pursuant to this Contract…" North Carolina Contract, pages
20-21.
ND
"9 ASSIGNMENT, TRANSFER,
AND SUBCONTRACTING...
B… Subcontracts shall not
terminate legal liability of the Contractor under this contract."
North Dakota Contract, page 7.
"12 FINANCIAL RESPONSIBILITIES
OF THE CONTRACTOR...
B. The Contractor
remains fully and solely responsible for all contract obligations…"
North Dakota Contract, page 9.
OH
"7. Provider Networks…
(d) Subcontracts…
The MCP remains accountable
to ODHS for all responsibilities and duties incorporated under the provider
agreement, including RFP and OAC rule provision." Ohio RFP, pages
30-31.
"5101:3-26-05 Managed
care plan: provider panel and subcontracting requirements.
(A) Obligations...
(4) The execution
of a subcontract does not terminate the MCP's legal responsibility to ODHS
to assure that all of the MCP's activities and obligations are carried
out in accordance with Chapter 5101:3-26 of the Administrative Code and
the MCP provider agreement." Ohio RFP, Appendix E, OAC 5101:3-26-05,
page 1.
OK
"3.5.5 Subcontracts
and Delegation of Duty...
The Health Plan shall be
wholly responsible for performance of this entire agreement whether or
not subcontractors are used. Any subcontract that Health Plan enters into
with respect to performance under this agreement shall not relieve Health
Plan in any way of responsibility for performance of its duties…"
Oklahoma RFP, page 81.
OR
"29. SUBCONTRACTS/ASSIGNMENTS
A. Subject to the
provisions of this section, Contractor may subcontract any or all of the
work to be performed under this Agreement. No subcontract shall terminate
or limit Contractor's legal responsibility to OMAP for the timely and effective
performance of its duties and responsibilities under this Agreement.
B. Contractor shall not assign or transfer any of its interest in this Agreement or any claims arising therefrom or enter into any successor in interest agreement or process, without OMAP's prior written approval, and subject to such conditions and limitations as OMAP may, in its sole discretion, deem necessary…" Oregon Contract, page 44.
ORMH
"O. Delegation of Activities
Contractor is responsible
for the quality of care and services provided under the terms and requirements
of this Agreement. Subject to the provisions of this section, Contractor
may subcontract any or all of the work to be performed under this Agreement.
No subcontract shall terminate or limit Contractor's legal responsibilities
to Division for the timely and effective performance of its duties and
responsibilities under this Agreement." Oregon Mental Health Contract,
page 37.
PA
"R. CONTRACTS AND SUBCONTRACTS...
Contracts and Subcontracts
entered into by the HMO shall not terminate the HMO's obligations under
their contract with the Department…" Pennsylvania RFP, pages 100-101.
RI
"3.05.05 Subcontracts
And Delegation of Duty...
The prime Contractor shall
be wholly responsible for performance of the entire contract whether or
not subcontractors are used. Any subcontract which Contractor enters
into with respect to performance under this Agreement shall not relieve
Contractor in any way of responsibility for performance of its duties.
Further, the State will consider Contractor to be the sole point of contact
with regard to contractual matters, including payment of any and all charges
resulting from the Agreement (see also Section 3.05.06, Assignment of the
Contract)." Rhode Island RFP, page 61.
SC
"5 SUBCONTRACTS...
The Contractor shall remain
responsible for all contractual requirements including those performed
by the subcontractor(s)." South Carolina Contract, page 28.
TN
"2-10. Administration
and Management
The CONTRACTOR
shall be responsible for the administration and management of all aspects
of this Agreement and the health plan covered thereunder. This includes
all subcontracts, provider agreements, employees, agents, and anyone acting
for or on behalf of the CONTRACTOR...no subcontract, provider agreement
or other delegation of responsibility terminates or reduces the legal responsibility
of the CONTRACTOR to TENNCARE to assure that all activities under this
Agreement are carried out…" Tennessee Contract, page 46.
TX
"3.2 NON-PROVICER SUBCONTRACTS...
3.2.3 The form and
substance of all subcontracts including subsequent amendments are subject
to approval by TDH... HMO REMAINS RESPONSIBLE FOR PERFORMING ALL
DUTIES, RESPONSIBILITIES AND SERVICES UNDER THIS CONTRACT REGARDLESS OF
WHETHER THE DUTY, RESPONSIBILITY OR SERVICE IS SUBCONTRACTED TO ANOTHER."
Texas Contract, pages 14-15.
"7.2 PROVIDER CONTRACTS...
7.2.4… HMO REMAINS
RESPONSIBLE FOR PERFORMING AND FOR ANY FAILURE TO PERFORM ALL DUTIES, RESPONSIBILITIES
AND SERVICES UNDER THIS CONTRACT REGARDLESS OF WHETHER THE DUTY, RESPONSIBILITY
OR SERVICE IS CONTRACTED TO ANOTHER FOR ACTUAL PERFORMANCE." Texas
Contract, pages 54-55.
"7.18 DELEGATED NETWORKS
(IPAs, LIMITED PROVIDER NETWORKS AND ANHCs)…
7.18.7 HMO REMAINS
RESPONSIBLE FOR PERFORMING ALL DUTIES, RESPONSIBILITIES AND SERVICES UNDER
THIS CONTRACT REGARDLESS OF WHETHER THE DUTY, RESPONSIBILITY OR SERVICE
IS CONTRACTED OR DELEGATED TO ANOTHER. HMO MUST PROVIDE A COPY OF
THE CONTRACT PROVISIONS THAT SET OUT HMO’S DUTIES, RESPONSIBILITIES, AND
SERVICES TO ANY PROVIDER NETWORK OR GROUP WITH WHOM HMO CONTRACTS TO PROVIDE
HEALTH CARE SERVICES ON A RISK SHARING OR CAPITATED BASIS OR TO PROVIDE
HEALTH CARE SERVICES." Texas Contract, pages 76, 78.
UT
"D. Subcontracts...
2. Any Covered
Service may be Subcontracted...
No subcontract terminates
the legal responsibility of the CONTRACTOR to the DEPARTMENT to assure
that all activities under this Contract are carried out…" Utah Contract,
Attachment B, page 12.
UTMH
"C. Subcontracts...
2…No subcontract
terminates the legal responsibility of the CONTRACTOR to the DEPARTMENT
to assure that all activities under the Contract are carried out..."
Utah Mental Health Contract, page 12.
VA
"B. CONTRACTOR MANAGEMENT
AND ADMINSTRATION
The Contractor may enter
into subcontracts for the provision or administration of any or all Medallion
II and CMSIP covered services or enhanced services. Subcontracting
does not relieve the Contractor of its responsibilities to the Department
or enrollees under this Contract." Virginia Contract, page 17.
WA
"7.1 Contractor Remains Legally Responsible: Subcontracts, as defined in section 1.16, may be used by the Contractor for the provision of any service under this agreement. However, no subcontract shall terminate the Contractor's legal responsibility to DSHS for any work performed under this agreement (42 CFR 434.6 (c))." Washington Contract, page 30.
WV
"3.25 Subcontracts
The Managed Care Plan may
subcontract for any function covered by this contract, subject to the requirements
of this contract…
Subcontracts shall not terminate legal liability of the Managed Care Plan under this contract… The Managed Care Plan is solely responsible for the fulfillment of this contract with the Department. The Managed Care Plan is required to assume prime contractor responsibility for all services offered and products to be delivered whether or not the Managed Care Plan is the provider of said services or product. The Department will consider the Managed Care Plan to be the sole point of contact with regard to all contractual matters." West Virginia Contract, pages 24-25.
"6.4 SUBCONTRACTS
Contractor is solely responsible
for all work performed under the Contract. Contractor is required to assume
prime contractor responsibility for all services offered and products to
be delivered. The Department will consider the Contractor to be the sole
point of contact with regard to all contractual matters." West Virginia
RFA, page 63.
"IV-1 RESPONSIBILITY
FOR ACTIVITIES DELEGATED TO OTHER ENTITIES
The MCO oversees and is
accountable for any functions or responsibilities that are described in
Domains I through III that are delegated to other entities..." West
Virginia Contract, Exhibit F, page 17.
WI
"II. DELEGATIONS OF
AUTHORITY
No delegations of authority
are permitted under this Contract." Wisconsin Contract, page 5.
"AA. SUBCONTRACTS - Assure that all subcontracts shall be in writing, shall comply with the provisions of Addendum I, and shall include any general requirements of this Contract that are appropriate to the service or activity identified in Addendum I, and to assure that all subcontracts shall not terminate legal liability of the HMO under this Contract. The HMO may subcontract for any function covered by this Contract, subject to the requirements of this Contract." Wisconsin Contract, page 32.
"ADDENDUM I
SUBCONTRACTS AND MEMORANDA
OF UNDERSTANDING...
The Department will review
and approve or disapprove each subcontract before contract signing… The
Department's subcontract review will assure that the HMO has inserted
the following standard language in subcontracts (except for specific provisions
that are inapplicable in a specific HMO management subcontract): ...
(b) No terms of this
subcontract are valid which terminate legal liability of HMO in accordance
with Article III. BB. Of the Medicaid/HMO Contract…" Wisconsin Contract,
page 72.