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Claims for which the Company is the secondary insurer must be submitted within thirty <br />(30) days of the primary carrier's payment or denial. <br />The Medical Group agrees to submit claims using the most appropriate, current and <br />specific coding when billing for services rendered. The Medical Group agrees that it will <br />not engage in misleading billing practices or otherwise interfere with timely and accurate <br />claims adjudication. <br />Except for infrequent and isolated waivers for charitable purposes, the Medical Group <br />shall charge to and make reasonable attempts to collect from the Member all coinsurance <br />amounts owed by the Member, after receiving a claims adjudication determination by the <br />Company, and may collect all deductibles and copayments at the time of service. <br />Because of the difficulty of ascertaining damages resulting from breach of this provision, <br />the parties agree that the Company shall be entitled to deny all or part of claims as <br />liquidated damages if the Medical Group fails to make a reasonable attempt, using such <br />steps as normally taken to collect Deductibles, coinsurance or Copayments. In no event <br />shall the Medical Group charge to a Member for Deductibles, coinsurance or <br />Copayments exceed the amounts established by the Company. As required by WAC <br />284-43-320(3) the Company hereby informs the Medical Group that willfully collecting or <br />attempting to collect an amount knowing that the collection is in violation of this <br />Agreement constitutes a class C felony under RCW 48.80.030(5). In no event shall the <br />Medical Group seek additional reimbursement for Covered Services delivered to <br />Members, except for any copayments, deductibles or coinsurance amounts that the <br />Member may owe, as determined by the Company. <br />3.5 MEMBERS TO BE HELD HARMLESS <br />3.5.1 The Medical Group hereby agrees that in no event, including, but not limited to, <br />nonpayment by the Company, Company's insolvency or breach of this <br />Agreement, shall the Medical Group bill, charge, collect a deposit from, seek <br />compensation, remuneration or reimbursement from, or have any recourse <br />against Member or person, other than the Company, acting on their behalf, for <br />services provided pursuant to this Agreement. This provision shall not prohibit <br />collection of Deductibles, Copayments, Co -Insurance, and/or non -Covered <br />Services, which have not otherwise been paid by a primary or secondary carrier <br />in accordance with regulatory standards for Coordination of Benefits, from <br />covered persons in accordance with the terms of the Member's Health Plan. <br />3.5.2 The Medical Group agrees, in the event of the Company's insolvency, to <br />continue to provide the services promised in this Agreement to Members for the <br />duration of the period for which premiums were paid to the Company on the <br />Members' behalf, or until the Members' discharge from inpatient facilities, <br />whichever time is greater. <br />3.5.3 Notwithstanding any other provision of this Agreement, nothing in this Agreement <br />shall be construed to modify the rights and benefits contained in the Member's <br />Health Plan. <br />3.5.4 The Medical Group may not bill Members for Covered Services (except for <br />Deductibles, Copayments or Co -Insurance) where the Company denies <br />payments because the Medical Group has failed to comply with the terms of this <br />Agreement. <br />3.5.5 The Medical Group further agrees (i) that the above provisions 3.5.1, 3.5.2, 3.5.3, <br />and 3.5.4 shall survive termination of this Agreement regardless of the cause <br />giving rise to termination and shall be construed to be for the benefit of the <br />Company's Members, and (ii) that this provision supersedes any oral or written <br />contrary agreement between the Medical Group and Members or persons acting <br />on their behalf. <br />Asuris MGA Agreement (Rev. 05/2017) Al8816854AA Page 6 of 20 <br />