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are met. <br />3.8.1.3 ONLY the Department's Nurse Desk can authorize the transfer of a <br />Department offender from the Facility for medical reasons. <br />3.8.1.4 In an emergency, when pre-authorization is not feasible, the Contractor <br />agrees to notify the Department, as soon as possible, but not later than <br />four hours after transporting a Department offender to the nearest <br />emergency room or other medical facility and before any hospital <br />admission. The Contractor agrees to be financially responsible for all <br />health care provided to Department offenders that is not pre-authorized <br />unless it is both emergent and medically necessary. <br />3.8 .1.5 Following the OHP and consistent with RCW 70.48.130(2), the <br />Department does not consider experimental or elective procedures to be <br />medically necessary. The Department will not reimburse for elective or <br />experimental medical procedures. The Department will not be <br />responsible for the payment of or for medical care required as a result of <br />any tort committed by the Contractor, or its employees, or by its agents, <br />contractors, vendors, or volunteers in the course of their providing <br />services to Department offenders, or for care which could have <br />foreseeably been prevented. <br />3.8.1.6 The Contractor agrees to be financially responsible for all unauthorized, <br />non-emergent and non-medically necessary health care provided to <br />Department offenders . <br />3.8.1.7 The Contractor agrees to be financially responsible for any medical costs <br />incurred due to the negligent action or inaction of Contractor's <br />employees. <br />3.8.1 .8 Extraordinary medical care costs may be billed to the Department only if <br />pre-authorized by the Department. <br />Section 3.8.2 Department Responsibilities. <br />3.8.2.1 The Department agrees to be financially responsible for pre-authorized <br />extraordinary medical care provided by the Contractor to Department <br />offenders that is consistent with this Contract, the OHP and the <br />Formulary . <br />3.8.2.2 If the Department offender is under the exclusive jurisdiction of the <br />Department, then the Department may authorize medically necessary <br />care . However, if it is later determined that another jurisdiction(s) or <br />State of Washington <br />Department of Corrections <br />K9561 (4) Page 8 of 25 <br />158362