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different health carriers, even if critical of a carrier, or to post information regarding other health plans consistent
<br />with Provider's usual procedures, provided that no such promotion or advertisement is specifically directed at one or
<br />more Covered Persons. In addition, nothing in this provision should be construed as limiting Company's ability to
<br />use and disclose information and data obtained from or about Provider or Contracted Provider, including this
<br />Agreement, to the extent determined reasonably necessary or appropriate by Company in connection with its efforts
<br />to comply with Regulatory Requirements and to communicate with regulatory authorities.
<br />2.12. Nondiscrimination. Provider and each Contracted Provider will provide Covered Services to
<br />Covered Persons without discrimination on account of race, sex, sexual orientation, age, color, religion, national
<br />origin, place of residence, health status, type of Payer, source of payment (e.g., Medicaid generally or a State -specific
<br />health care program), physical or mental disability or veteran status, and will ensure that its facilities are accessible
<br />as required by Title III of the Americans With Disabilities Act of 1991. This requirement does not require a
<br />Contracted Provider to render services that are not appropriate for the provider to render due to limitations arising
<br />from lack of training, experience, skill, or licensing restrictions. Provider and Contracted Providers recognize that,
<br />as a governmental contractor, Company or Payor may be subject to various federal laws, executive orders and
<br />regulations regarding equal opportunity and affirmative action, which also may be applicable to subcontractors, and
<br />Provider and each Contracted Provider agree to comply with such requirements as described in any applicable
<br />Attachment.
<br />2.13. Notice of Certain Events. Provider shall give written notice to Health Plan of: (i) any event of which
<br />notice must be given to a licensing or accreditation agency or board; (ii) any change in the status of Provider's or a
<br />Contracted Provider's license; (iii) termination, suspension, exclusion or voluntary withdrawal of Provider or a
<br />Contracted Provider from any state or federal health care program, including but not limited to Medicaid; or (iv) any
<br />settlements or judgments in connection with a lawsuit or claim filed or asserted against Provider or a Contracted
<br />Provider alleging professional malpractice involving a Covered Person. In any instance described in subsection (i)-
<br />(iii) above, Provider must notify Health Plan or Payer in writing within 10 days, and in any instance described in
<br />subsection (iv) above, Provider must notify Health Plan or Payor in writing within 30 days, from the date it first
<br />obtains knowledge of the pending of the same.
<br />2.14. Use of Name. Provider and each Contracted Provider hereby authorizes each Company or Payor to
<br />use their respective names, telephone numbers, addresses, specialties, certifications, hospital affiliations (if any), and
<br />other descriptive characteristics of their facilities, practices and services for the purpose of identifying the Contracted
<br />Providers as "Participating Providers" in the applicable Products. Provider and Contracted Providers may only use
<br />the name of the applicable Company or Payor for purposes of identifying the Products in which they participate, and
<br />may not use the registered trademark or service marls of Company or Payor without prior written consent.
<br />2.15. Compliance with Regulatory Requirements. Provider, each Contracted Provider and Company agree
<br />to carry out their respective obligations mider this Agreement in accordance with all applicable Regulatory
<br />Requirements, including, but not limited to, Chapter 284-43-0140 of the Washington Administrative Code, the Health
<br />Insurance Portability and Accountability Act, the Health Information Technology for Economic and Clinical Health
<br />(HITECH) Act, and federal drug and alcohol confidentiality laws in 42 C.F.R. Part 2, each as amended, including
<br />any regulations promulgated thereunder. If, due to Provider's or Contracted Provider's noncompliance with
<br />applicable Regulatory Requirements or this Agreement, sanctions or penalties are imposed on Company, Company
<br />may, in its sole discretion, offset such amounts against any amounts due Provider or Contracted Providers from any
<br />Company or require Provider or the Contracted Provider to reimburse Company for such amounts. If Provider
<br />subcontracts any services under this Agreement, then Provider is responsible for ensuring that its written agreements
<br />with such subcontractors contain all applicable Regulatory Requirements and that its subcontractors comply with
<br />such requirements.
<br />2.16. Program Integrity Required Disclosures. Provider agrees to furnish to Health Plan complete and
<br />accurate information necessary to permit Health Plan to comply with the collection of disclosures requirements
<br />specified in 42 C.F.R. Part 455 Subpart B or any other applicable State or federal requirements, within such time
<br />period as is necessary to permit Health Plan to comply with such requirements. Such requirements include but are
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