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entity is financially responsible; then the Department may decline to pay <br />for part or all of the costs associated with the medically necessary care. <br />3.8.2.3 The Department agrees to reimburse the Contractor for emergency <br />medical costs incurred. by a. Department offender under the conditions of <br />this Contract. Emergency medical care costs may include a facility fee, <br />physician services, labs and x-rays. The Department is not obligated to <br />reimburse the Contractor for medical care or treatment provided to a <br />Department offender without the Department's pre -authorization in a <br />nonemergency, or without the notice required by paragraph 3.8.1.4 in <br />emergency situations. <br />3.8.2.4 The Department may, at its option, request that the Contractor return a <br />Department offender to the Department's custody for medical .reasons. <br />The Department's medical financial responsibilities under this Contract <br />terminate when the Department takes custody of the offender, when the <br />Department's sanction has been served, or when the Department's hold <br />or detainer is no longer valid, whichever is earlier. <br />3.8.2.5 The Department at its sole discretion may provide Department offenders <br />prescription medications, or reimburse the Contractor for prescription <br />medications that the Contractor provides, as .long as the Contractor - <br />provided prescription medications are consistent with. the Offender <br />Health Plan and the Formula. Restricted Formulary and non - <br />Formulary medications must be pre -authorized by the Department's <br />Utilization Management Office. See Attachment S. <br />Section 3.8.3 Safe Transfer of Care. <br />3.8.3.1 HIPAA — Both parties agree to follow the Health Insurance <br />Portability and Accountability Act of 1996 (HIDA& HIPPA protects the <br />privacy of individually identifiable protected health information. It <br />allows the exchange of this information between the Department and the <br />Contractor for the purpose of billing and payment. This allows the <br />Contractor to provide the Department with information documenting <br />the Contractor's treatment activities so that the Contractor can receive <br />reimbursement under this Contract for costs of health care provided to <br />Department offenders. See CFR 45 § 164.506. HIPPA also clarifies the <br />standard for use and disclosure for correctional institutions and other <br />law enforcement custodial situations in CFR 45 X164.512. <br />3.8.3.2 The Contractor agrees to consult with a registered nurse at the receiving <br />facility and/or the Department's Utilization Management Office prior to <br />transferring a Department offender .for medical reasons. "Transferring," <br />State of Washington K9561 (4) Page 9 of 25 <br />Department of Corrections 158362 <br />