SHJ25-008 COORDINATED CARE CONTRACT - PARTIALLY EXECUTED

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appropriate to the Covered Person's ability to understand; (c) To participate in decisions regarding Covered Person's health care, including the right to refuse treatment; (d) To be free from any form of restraint or seclusion used as a means of coercion, discipline, convenience, or retaliation; (e) To request and receive a copy of their medical records, and to request that they be amended or corrected in accordance with Applicable Law; and (f) To choose a behavioral health care provider. 3.45. Background Checks. Provider shall require a criminal history background check through the Washington State Patrol for employees and volunteers of Provider who may have unsupervised access to children, people with developmental disabilities, or vulnerable adults. Further, Provider shall maintain related policies and procedures and personnel files consistent with requirements in Chapter 43.43 RCW, Chapters 388-877 WAC and Chapter 388-06A WAC. 3.46. Cultural Considerations. If applicable, Provider shall participate in and cooperate with Health Plan's efforts to promote the delivery of services in a culturally competent manner to all Covered Persons, including those with limited English proficiency and diverse cultural and ethnic backgrounds, disabilities, and regardless of gender, sexual orientation or gender identity. 3.47. Member Self -Determination. Provider shall (a) obtain informed consent prior to treatment from all Covered Persons, or from persons authorized to consent on behalf of Covered Persons as described in RCW 7.70.065, (b) comply with the provisions of the Natural Death Act (Chapter 70.122 RCW) and Applicable Law and rules concerning advance directives and POLST (e.g., WAC 182-501-0125 and 42 C.F.R. § 417.436), and (c) when appropriate, inform Covered Persons of their right to make anatomical gifts pursuant to Chapter 68.64 RCW. 3.48. Advance Directives and POLST. Provider shall ensure that whether a Covered Person has executed an advance directive or POLST shall be indicated in a prominent part of such Covered Person's medical records, and Provider shall not provision care or otherwise discriminate against a Covered Person based on whether the Covered Person has executed an advance directive or POLST. 3.49. Mental Health Advance Directives. Provider shall comply with Chapter 71.32 RCW (Mental Health Advance Directives). 3.50. Insurance. Provider shall have and maintain insurance appropriate to the services to be performed under the Agreement. Provider shall make copies of certificates of insurance available to HCA upon request. 3.51. Health Home Surety Bond. If Provider is a home health agency, Provider represents and warrants that it is in compliance with the surety bond requirements of federal law (Section 4708(d) of the Balanced Budget Act of 1997 and 42 C.F.R. § 441.16). 3.52. Solvency_ Requirements. If Provider is at financial risk, as defined in the substantial financial risk or risk provisions in the State Contract, Provider shall be subject to solvency requirements that provide assurance of Provider's ability to meet its obligations. Such requirements shall be regularly monitored and enforced. 3.53. Physician Incentive Plans. If Provider makes payment to any physician under a physician incentive plan, such plan shall meet all applicable requirements under the State Contract, including but not limited to disclosure requirements and stop -loss protection. No payment to Provider, or by Provider to a provider, under a physician incentive plan shall, directly or indirectly, be an inducement to reduce or limit Medically Necessary services provided PPA WA - Kittitas County Public Health - 05.07.2025 - ICMProviderAgrccment_360268 Page 9 of 12