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described in the applicable addenda or the Administrative Manual <br />4.4 MAINTENANCE AND RETENTION OF RECORDS — Medical Group will maintain <br />medical, financial and administrative records concerning services provided to Members in <br />accordance with Company's requirements, applicable federal and state laws and <br />generally accepted business and professional practices. Medical Group will ensure that <br />a medical record is established and maintained for each Member who receives services <br />from Medical Group in accordance with Company's standards. This record will be <br />opened at the time of a Member's first visit and shall include contemporaneous, written <br />documentation of the Member's condition, the treatment and services provided, the date <br />on which the services were provided, and the identity of the provider rendering the <br />services. Alterations or amendments to records must include the date and time of the <br />alteration or amendment and the signature of the person making the alteration or <br />amendment. Company may deny claims in those cases where, in the Company's sole <br />discretion, there is inadequate documentation of the services rendered, in which case the <br />Medical Group shall not bill the Member. Medical Group will maintain such records for a <br />period of at least ten (10) years from the date of service or from the date a Member <br />attains the age of majority, whichever is later. The obligations of Medical Group under <br />this section will survive the termination of this Agreement, regardless of the cause giving <br />rise to such termination. <br />4.5 ACCESS TO BOOKS AND RECORDS <br />4.5.1 Company, its authorized representatives and government agencies, will have the <br />right to audit and make or obtain copies of medical, financial and administrative <br />records, directly related to services rendered to Members for purposes that may <br />include, but not be limited to: accuracy of claims, coverage for services, medical <br />necessity, proper utilization, appropriateness of services, Credentialing and <br />Recredentialing, and quality improvement and appropriateness of billing, upon <br />reasonable notice, during regular business hours of Company. The Company <br />also may conduct desk audits of the Medical Group's facility(ies) and Member's <br />records. Company shall provide Medical Group with at least three (3) business <br />days advance notice of such audit unless Company determines there is a <br />significant quality of care issue or risk that documents may be altered, created or <br />destroyed. In such case, Company may conduct an audit upon twenty-four (24) <br />hours advance notice. Notice of the audit shall apprise the Medical Group of the <br />period of time for which records are to be audited. The provider agrees to have <br />all records for that period available at the time of the audit. Records not <br />produced at the time of the audit will be deemed non-existent. Audits shall be <br />conducted in a manner that, to the greatest extent possible, avoids disruption of <br />the provider's business affairs and minimizes the burden on the Medical Group. <br />Audits will comply with all laws, statutes and regulations pertaining to the <br />confidentiality of medical and financial records. Copies of records requested by <br />the Company or its representative will be furnished to the Company upon request <br />and without charge to the Company or Members, except for records related to <br />utilization management review, which shall be°reimbursed at the rates set forth in <br />the Administrative Manual. <br />Insofar as Members are required to execute an authorization for the release of <br />their medical records to Company upon becoming Members, Medical Group <br />agrees to accept from Company, as a legally sufficient release of Members' <br />medical records, Members' participation in Health Plans of Company and <br />Company will not be required to obtain an additional medical release form from <br />Members in order to inspect, review, or make copies of Members' medical <br />records. This provision will survive the termination of this Agreement, regardless <br />of the cause giving rise to such termination. <br />4.5.2 Company's remedies for the Medical Group's failure to cooperate with an audit or <br />for insufficient documentation, inappropriate billing, or substandard quality of care <br />Asuris MGA Agreement (Rev. 0512017) Al8816854AA Page 10 of 20 <br />