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3 | Page <br /> <br />5. Role of CMS in a Cooperative Agreement. As explained in the NOFO (Section B7. Type <br />of Competition), upon award of a Cooperative Agreement, the Recipient can expect <br />involvement from CMS (including its contractor(s)) during the InCK Model project period. <br />A Cooperative Agreement award is an assistance mechanism in which substantial federal <br />involvement with the Recipient is anticipated during the performance of the a c tivities. <br />Under each Cooperative Agreement, CMS’s purpose is to support and stimulate the <br />Recipient’s activities by working jointly with the award Recipient in a partnership role. <br />CMS will not assume direction or primary responsibility for the Recipient ’s activities. The <br />Recipient retains ultimate responsibility for coordination and oversight of all model-related <br />activities. For additional details related to the Recipient’s responsibilities, refer to Section 41 <br />of the Standard Terms and Conditions (Recipient’s Responsibility for Subrecipients). CMS <br />and its contractors will provide learning supports and activities and technical assistance to <br />the Recipient. CMS will also conduct the separate functions of programmatic monitoring <br />and evaluation of the Recipient’s progress toward specific milestones and outcomes <br />throughout the duration of the project period. <br /> <br />6. Waivers for Models Conducted Under Section 1115A of the Act. Under Section <br />1115A(d)(1) of the Social Security Act, the Secretary of HHS may waive such requirements <br />of titles XI and XVIII and of Sections 1902(a)(1), 1902(a)(13), and 1903(m)(2)(A)(iii) as <br />may be necessary solely for purposes of carrying out Section 1115A with respect to testing <br />models described in Section 1115A(b). For this model and consistent with this standard, the <br />Secretary is not issuing waivers of certain fraud and abuse provisions in Sections 1128A, <br />1128B, and 1877 of the Social Security Act. Thus, notwithstanding any other provision of <br />the Terms and Conditions of Award, the Recipient, all subrecipients, and all other relevant <br />individuals or entities must comply with all applicable laws and regulations . None of the <br />provisions of this Cooperative Agreeme nt limits or restricts any authority of the HHS Office <br />of Inspector General (OIG), U.S. Government Accountability Office or other federal agency <br />or body, to audit, evaluate, investigate or inspect the Recipient, subrecipients, or other <br />relevant entities or individuals. <br /> <br />Additionally, CMS provides no opinion on the legality of any contractual or financia l <br />arrangement that the Recipient, subrecipients, clinicians, affiliated entities or any other <br />relevant individuals or entities may propose, implement, or document, including in the <br />Recipient’s Implementation Plan. The receipt or approval by CMS of any such documents in <br />the course of the application process or otherwise shall not be construed as a waiver or <br />modification of any applicable laws, rules or regulations, and will not prec lude CMS, HHS, <br />OIG, a law enforcement agency, or any other federal or state agency from e nforcing any and <br />all applicable laws, rules and regulations. <br /> <br /> <br />DocuSign Envelope ID: 7832B0E4-F34E-430E-A3C2-1A6A14F29307