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prospective (newly enrolling) home health agencies and prospective (newly enrolling) durable medical equipment, <br />prosthetics, orthotics and supplies (DMEPOS) suppliers or such other categories of providers as defined under 42 <br />C.F.R. §424.518, shall be enrolled in and screened by Medicare, in addition to complying with Health Plan's policies <br />and procedures regarding credentialing and recredentialing. Such providers shall revalidate Medicare enrollment <br />every five years in compliance with 42 C.F.R. §424.515. Notwithstanding the foregoing, infant in -home phototherapy <br />providers that meet Health Plan's certification requirements are not required to be enrolled in Medicare. <br />3.30. HCA Approval Required. To the extent that the Agreement is considered a "Subcontract" requiring <br />HCA approval under the State Contract, the Agreement will not take effect prior to HCA's review and written <br />approval, or failure to approve or deny within 45 calendar days of filing. <br />3.31. HCA Approval for Assignment. Provider acknowledges and agrees that no assignment of the <br />Agreement shall take effect without the prior written agreement of HCA. <br />3.32. Quality Improvement System. Provider shall maintain a quality improvement system tailored to the <br />nature and type of Covered Services provided hereunder, which affords quality control for such services, including <br />but not limited to the accessibility of Medically Necessary services, and which provides for a free exchange of <br />information with Health Plan to assist Health Plan in complying with the requirements of the State Contract. <br />Providers that are PCPs or specialty care providers shall comply with all quality improvement activities of the Health <br />Plan. <br />3.33. Records of Delegated Activities. As applicable to services rendered under the Agreement, Provider <br />shall have a means to keep records necessary to adequately document services provided to Covered Persons for any <br />and all delegated activities including quality improvement, utilization management, Covered Person's rights and <br />responsibilities, health homes, and credentialing and re-credentialing. <br />3.34. Behavioral Health Provider Supervision. Provider agrees that, if applicable, it will receive payment <br />for the supervision of behavioral health providers whose license or certification restricts them to working under <br />supervision. <br />3.35. Payment in Full and Covered Person Charges. Provider agrees to accept payment from Health Plan <br />as payment in full. Provider shall not request payment from HCA or any Covered Person for Covered Services <br />provided under the Agreement, and shall comply with WAC 182-502-0160 requirements applicable to providers. <br />Provider shall report to Health Plan any instance in which a Covered Person is charged for services. Provider shall <br />repay to a Covered Person any inappropriate charges paid by such Covered Person, or shall reimburse Health Plan to <br />the extent Health Plan repays such inappropriate charges to the Covered Person. <br />3.36. HCA and Covered Person Hold Harmless. Provider agrees to hold harmless HCA and its employees, <br />and all Covered Persons in the event of non-payment by Health Plan. Provider further agrees to indemnify and hold <br />harmless HCA and its employees against (a) all injuries, deaths, losses, damages, claims, suits, liabilities, judgments, <br />costs and expenses which may in any manner accrue against HCA or its employees through the intentional <br />misconduct, negligence, or omission of Provider, its agents, officers, employees or contractors, and (b) any damages <br />related to Provider's unauthorized use or release of Personal Information (PI) or Protected Health Information (PHI) <br />of Covered Persons. <br />3.37. Termination Provision. Either Party to this Attachment may terminate this Attachment upon 90 days <br />advance written notice to the other Party. Notwithstanding the foregoing, in the event that (a) Provider is excluded <br />from participation in the Medicaid program, Health Plan may immediately terminate the Agreement or this <br />Attachment upon written notice to Provider, and may immediately recover any payments for goods or services that <br />benefit excluded individuals or entities; or (b) HCA or Medicare has taken any action to revoke Provider's privileges <br />for cause, and Provider has exhausted all applicable appeal rights or the timeline for appeal has expired. "For cause" <br />may include but is not limited to reasons related to fraud, integrity or quality. <br />PPA WA - Kittitas County Public Health - 05.07.2025 - 1CMProviderAgreement_360268 Page 7 of 12 <br />