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170-421(3) (a), (b), (c), (d), and (e). Provider agrees and understands that willfully collecting or <br />attempting to collect an amount from a Member knowing that collection to be in violation of the <br />participating provider or facility contract constitutes a class C felony under RCW 48.80.030(5). <br />2.7 Recouoment/Offset/Adjustment for Overoayments. Except as expressly permitted under Regulatory <br />Requirements, Wellpoint shall be entitled to request a refund in an amount equal to any overpayments made <br />by Wellpoint to Provider provided that any refund requests by Wellpoint shall be made in conformance with <br />RCW 48.43.600 timelines for notice and objection, as such section may be amended or recodified from time <br />to time. Upon determination that an overpayment is due from Provider to Wellpoint, Wellpoint shall first give <br />Provider notice of overpayment and request reimbursement via check for such an overpayment. If Provider <br />fails to contest the request in writing within thirty (30) days following the date of Provider's receipt of such <br />notice, the request is deemed accepted. Provider then must submit a check to Wellpoint for such <br />overpayment, or Wellpoint shall be entitled to offset such overpayment against other amounts due and payable <br />by Wellpoint to Provider. <br />2.7.1 Pursuant to RCW 48.43.605, except in the case of fraud, or coordination of benefits as provided <br />below in Section 2.7.2, Provider may not: (a) request additional payment from Wellpoint to satisfy a <br />Claim unless Provider does so in writing to Wellpoint within twenty-four (24) months after the date <br />that the Claim was denied or payment intended to satisfy the Claim was made; or (b) request that <br />the additional payment be made any sooner than six (6) months after receipt of the request. Any <br />such request must specify why the Provider believes Wellpoint owes the additional payment. <br />2.7.2 Provider may not, if doing so for reasons related to coordination of benefits with another carrier or <br />entity responsible for payment of a Claim: (a) request additional payment from Wellpoint to satisfy a <br />Claim unless Provider does so in writing to Wellpoint within thirty (30) months after the date the Claim <br />was denied or payment intended to satisfy the Claim was made; or (b) request that the additional <br />payment be made any sooner than six (6) months after receipt of the request. Any such request must <br />specify why the Provider believes Wellpoint owes the additional payment, and include the name and <br />mailing address of any entity that has disclaimed responsibility for payment of the Claim. <br />2.7.3 Pursuant to RCW 48.43.600, except in the case of fraud, or as provided below in Sections 2.7.4 and <br />2.7.5, Wellpoint may not: (a) request a refund from a Provider of a payment previously made to satisfy <br />a Claim unless it does so in writing to the Provider within twenty-four (24) months after the date that <br />the payment was made; or (b) request that a contested refund be paid any sooner than six (6) months <br />after receipt of the request. Any such request must specify why Wellpoint believes Provider owes the <br />refund. If Provider fails to contest the request in writing to Wellpoint within thirty (30) days of its <br />receipt, the request is deemed accepted and the refund must be paid. <br />2.7.4 Wellpoint may not, if doing so for reasons related to coordination of benefits with another carrier or <br />entity responsible for payment of a Claim: (a) request a refund from Provider of a payment previously <br />made to satisfy a Claim unless it does so in writing to Provider within thirty (30) months afterthe date <br />that the payment was made; or (b) request that a contested refund be paid any sooner than six (6) <br />months after receipt of the request. Any such request must specify why Wellpoint believes Provider <br />owes the refund, and include the name and mailing address of the entity that has primary <br />responsibility for payment of the Claim. If Provider fails to contest the request in writing to Wellpoint <br />within thirty (30) days of its receipt, the request is deemed accepted and the refund must be paid. <br />2.7.5 Wellpoint may at any time request a refund from Provider of a payment previously made to satisfy a <br />Claim if: (a) a third party, including a government entity, is found responsible for satisfaction of the <br />Claim as a consequence of liability imposed by law, such as tort liability; and (b) Wellpoint is unable <br />to recover directly from the third party because the third party has either already paid or will pay <br />Provider for the health services covered by the Claim. <br />2.7.6 If any provision in this Agreement conflicts with this section, this section shall prevail. However, <br />nothing in this section prohibits Wellpoint from choosing at any time to make additional payments to <br />a Provider to satisfy a Claim. <br />2.7.7 For purposes of this section, "refund" means the return, either directly or through an offset to a future <br />Claim, of some or all of a payment already received by Provider. <br />Washington Enterprise Provider Agreement PCs 4 1183932156 <br />© 2024 July— Wellpolnt Washington, Inc. 05/05/2025 <br />