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discovered as a result of an audit shall include, but not be limited to: (i) recovery of payments made by Company for improperly billed claims through lump sum payments or deductions from future payments subject to the terms and conditions set forth in Section 3.8; (ii) pre-payment review of all Medical Group's claims; (111) a requirement that Medical Group submit medical records with claims; and/or (iv) immediate termination of Medical Group's agreements. When Company denies claims for inappropriate billing: the Medical Group shall not bill the Member. 4.5.3 The Medical Group shall have the right lo audit Company's records related to adjudication of the Medical Group's claims. The audit may be performed either by the Medical Group or by the independent auditor selected by the Medical Group. Such audits shall be conducted during Company's regular business hours at Company's office and shall be limlted to records neces&ary to perform the audit. The Medical Group shall give Company at least three (3) business days advance notice of such audit and shall inform Company of the records to be audited. Company shall have the records for that tlme period available for the auditors at the lime of the audit. Such audits shall be conducted in a manner that, to the greatest extent possible, avoids disruption of Company's business affairs and minimizes the burden on the Company. Audits wm comply wilh all laws, statutes and regulations pertaining to the confidentiality of medical and financial records. 4.5.4 Failure by a party to cooperate with an audit shall be a breach of this Agreement. The audit rights set forth in this Section 4.5 shall survive termination of this Agreement. 4.6 C · NFilDE T ITV OF E CAL RECORDS -Company and Medical Group will maintain the confidentiality of infonnation contained in Members' medical records and wHI only release such information as permitted or required by applicable state and federal laws and regulations governing the confidentiality of personal health information. 4.7 fil~~TORY UPDATES -Medical Group agrees lo comply with Company policies and procedures related to furnishing information, including but not limited to Information on which providers are accepting new patients, the provider's location, contact information, specialty, medical group and any institutional affiliations, necessary to ensure provider directories are up-to-dale, accurate, and complete pursuant to federal and state law, including 45 C.F.R. 156.230(b). V. RELATIONSHIP OF THE PARTIES 5.1 INDEPENDENT __ CONTRACTOR -Medical Group and Company are independent contractors. This Agreement is not intended to create an employer-employee partnership or joint venture relationship between Company and Medical Group or their respective directors, officers, employees or agents. 5.2 US ~8.MJ; -Each party will have the right to use the name of the other party to inform existing or potential Members, patients and other providers under contract with Company that Medlcal Group Is a Participating Provider in one or more of Company's Provider Networks. 5.3 ~-~~ARTICIPATION APPLICATION -Medical Group acknowledges that in reviewing and o·fferlng Medical Group participation In any of Company's Provider Networks, Company has relied to a material e)(tent upon the statements and information supplied by Medical Group in Medical Group's participation application. Medical Group warrants that such statements and information are true and complete to the best of Medical Group's knowledge and beNef. Medical Group agrees to hold Company harmless with respect to any clalms which may arise from statements and information supplied by Medical Group. ABuris MGA Allreement (Rev. 0512017) A 18818854AA Page 11 or 20