New Zealand Gazette – 2005 – No. 55

Page 1355

✨ Quality Assurance Programme

23 MARCH 2005

NEW ZEALAND GAZETTE, No. 55

1355

other legal remedy, give written notice to the Provider of its intention to terminate the application of this Notice to the Provider.

B11.2

Written notice given under clause B11.1 must set out the details of the breach or false Claim, and give the Provider not less than 20 Working Days to remedy the breach or satisfy the Ministry of the veracity of the Provider’s Claim.

B11.3

If the Ministry is not satisfied that the Provider has remedied the breach, or about the veracity of the Provider’s Claim, within the period specified in the written notice, the Ministry may terminate the application of this Notice to the Provider by giving 20 Working Days written notice to the Provider.

B11.4

A Provider to which the application of this Notice has been terminated may not make Claims under clause E3.

B11.5

Where the Ministry is satisfied on reasonable grounds that the Provider is willing and able to perform all its obligations under this Notice, the Ministry may, in its absolute discretion, reinstate the application of this Notice to the Provider by giving written notice to the Provider.

B12.

Consequences of Termination

B12.1

Any termination of the application of this Notice to a Provider pursuant to clause B11 will not prejudice:

(a) any other rights or remedies that either party may have against the other arising out of any breach of this Notice that occurred before termination; or

(b) the operation of any clauses of this Notice that are expressed or implied to have effect after termination.

B13.

Inspection of Records Under Health Act 1956

B13.1

Where the Ministry exercises powers under section 22G of the Health Act 1956, or any enactment that replaces that section and, following inspection under that section the Ministry is unable to verify any of the Provider’s Claims under this Notice, the Ministry may:

(a) require the Provider to report at such intervals and on such financial matters as the Ministry may specify;

(b) withhold payments under this Notice from the Provider in accordance with clause B10.1; and

B14.

Indemnity

B14.1

The Provider must indemnify and keep indemnified the Ministry against all claims, losses, damages, penalties and reasonable costs and expenses (including all legal or other costs or expenses associated with the enforcement of this Notice but excluding any indirect or consequential loss made or incurred by the Ministry) that have been caused by:

(a) a failure by the Provider to comply with any obligations under this Notice; or

VUW Te Waharoa — NZ Gazette 2005, No 55

Gazette.govt.nz — NZ Gazette 2005, No 55

Parliament House (depicted) was completed in 1918 and remains the primary seat of Parliament.

✨ LLM interpretation of page content

🏥 Quality Assurance Programme (continued from previous page)

Domain🏥 Health & Social Welfare
KeywordsQuality Assurance, Complaints Procedure, Audit, Provider Obligations, Ministry of Health

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