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6. Enforcement of Disciplinary Standards: FDR agrees to establish and publish its own disciplinary standards, which include its expectation that employees report compliance issues and unethical or illegal behavior. FDR's disciplinary standards must state that any violation of these standards will result in appropriate disciplinary action, up to and including termination of employment. FDR's violation of this provision may result in Asuris's termination of the Agreement. 42 C.F.R. §§ 422.503(b)(4)(vi)(E) and 423.504(b)(4)(vi)(E). OIG Exclusion 1 GSA Debarment: Pursuant to Federal law, FDR certifies that neither it nor any of its employees or governing body members are on: (a) the List of Excluded Individuals and Entities ("LEIE") from the HHS Office of Inspector General ("OIG"); and (b) the General Services Administration ("GSA") Debarment List. If an employee or governing body member is on either list, FDR will immediately remove that person from any work related directly or indirectly to any Federal healthcare program. FDR agrees to check both lists prior to hire and on a monthly basis to ensure that none of its employees have become excluded from participation in Federal programs. The term "employees" includes temporary employees, volunteers, and consultants. If applicable, FDR will establish a process to identify and prevent payment for claims at point-of-sale for any drugs or services prescribed, dispensed or delivered by excluded providers. 42 C.F.R. §§ 422.503(b)(4)(vi)(F), 422.752(a)(8), 423.504(b)(4)(vi)(F), 423.752(a)(6); and 42 C.F.R. § 1001.1901. 8. Record Retention and Audit Rights: FDR agrees to retain any books, contracts, records, and documents related to Asuris's contract with CMS for a period of ten (10) years from the final date of the contract period or the completion of any audit, whichever is later. FDR agrees to comply with any document requests by Asuris pursuant to an audit or to monitor FDR's compliance with the terms of this Agreement or Compliance Addendum. FDR will provide these documents to Asuris without charge. 42 C.F.R. §§ 422.504(d), 422.504(e), 422.504(i)(4)(iii), 423.504(d)(2), 423.505(i)(4)(iii). HHS Audit Rights: FDR agrees to allow HHS, the Comptroller General, or their designees to audit and inspect any books, contracts, computer or other electronic systems, including medical records and documentation, related to Asuris's contract with CMS. This right to audit and inspect any pertinent information for any particular contract period will exist through ten (10) years, from the final date of the contract period or from the date of completion of any audit, whichever is later. 42 C.F.R §§ 422.504(i)(2) and 423.505(i)(2). FDR's failure to comply with this section could result in referral to law enforcement and/or implementation of corrective action. 42 C.F.R. Subpart O. 10. Enrollee Protections: FDR agrees that it will not hold any of Asuris's Medicare enrollees liable for the payment of any fees that are the legal obligation of Asuris. Asuris agrees to indemnify its Medicare enrollees for the payment of any fees that are the legal obligation of Asuris for services furnished by providers who do not contract, or who have not entered into an agreement with Asuris, to provide services to Asuris's members. For Asuris's Medicare enrollees that are hospitalized as of the termination date of Asuris's agreement with CMS, FDR will continue to provide covered services through such enrollee's date of discharge. 42 C.F.R §§ 422.504(g), 422.504(i)(3)(i), and 423.505(8). 11. Credentialinn : Asuris will either (a) review the credentials of medical professionals affiliated with FDR; or (b) review and approve a credentialing process, which Asuris may audit on an ongoing basis. 42 C.F.R § 422.504(i)(4)(iv). 12. Accountability Provisions: Asuris agrees that it may only delegate functions to FDRs in a manner consistent with 42 C.F.R §§ 422.504(i)(3)(ii), 422.504(1)(4), 423.505(i)(3)(ii), and 423.505(1)(4). 13. Monitoring and Termination: Asuris will monitor FDR's performance under the Agreement on an ongoing basis. Asuris has the option to terminate the Agreement with FDR if CMS or Asuris determines that FDR has (a) not performed satisfactorily under the terms of the Agreement or Compliance Addendum, (b) failed to maintain compliance, or (c) engaged in FWA. 42 C.F.R §§ 422.504(i)(4)(ii), 423.505(i)(4)(ii), and 423.505(i)(4)(iii). 14. Flow -Down Provision: FDR shall incorporate the terms of this Compliance Addendum into any and all subcontracts entered into delegating any of FDR's obligations to Asuris under the Agreement or Compliance Addendum. 42 C.F.R §§ 422.504 (1)(3),422.504 (i)(4)(v) 423.505 (i)(3)(iii), and 423.505(i)(4). 15. Confidentiality and Accuracy of Records: FDR shall comply with the applicable confidentiality and enrollee accuracy requirements, including: (a) all applicable Federal and State laws regarding Asuris MA Compliance Addendum 10/2016 A18816854AA Page 2 of 3