SHJ25-009 KCJ AND CHPW - PARTIALLY EXECUTED

Home Browse Search

5.4.3 This Section 5.4 shall survive termination of the Agreement. 5.5 Record Retention, Access and Audits. 5.5.1 Each party shall cooperate and assist in providing access to records reasonably required or permitted for inspection, evaluation and audit as set forth herein. 5.5.2 Consistent with industry standards and applicable state and federal laws and regulations, including OIC regulations, each party or its representative may, during normal business hours and upon giving reasonable notice to the other party, audit, examine and inspect (to the extent necessary to perform the audit) the other party's books and records, including medical records, related to this Agreement, to transactions between CHPW and Facility hereunder, and to surveys for accreditation and compliance. 5.5.3 Each party shall retain and protect all applicable books and records for at least ten (10) years after termination of this Agreement. Each Party acknowledges that certain government agencies, including the Secretary of the Department of Health and Human Services (HHS) and the Comptroller General of the United States General Accounting Office, or any of their duly authorized representatives, have the right to inspect and audit each party's books and records for ten (10) years beyond the termination of this Agreement or until the completion of any governmental audit that pertains to such books and records, whichever is later, unless: (i) HHS determines there is special need to retain a particular record or group of records for a longer period and notifies the party at least thirty (30) days before the normal disposition date; (ii) there has been a termination, dispute, or allegation of fraud or similar fault by either party, in which case the retention may be extended to six (6) years from the date of any resulting final resolution of the termination, dispute, fraud, or similar fault; or (iii) HHS determines that there is a reasonable possibility of fraud or similar fault, in which HHS may inspect, evaluate, and audit either party at any time. Without limiting the foregoing, following the commencement of any audit by a government agency, the party subject to the audit shall retain its relevant books and records until completion of said audit. This Section 5.5.3 shall survive termination of this Agreement for the period of time required by state and federal law. Facility shall provide copies of such records to the auditing agency at Facility's cost. 5.5.4 Pursuant to 42 CFR 422.504(e)(2), CMS may access facilities' records (including medical records) that are to be used for risk -adjustment data validation (RADV) purposes to determine amounts payable under a Medicare Advantage contract. 5.6 Marketing. 5.6.1 CHPW may use Facility's name for publication in its directory of facilities and providers, and to otherwise carry out the terms of this Agreement. At its discretion, Facility shall display CHPW-approved signs and material related to provision of services, participate in CHPW-approved marketing programs for its products and perform other marketing duties CHPW may request. 2020 Facility Agmt — Template Page 17 of 51 Contract #{Contract #}-{PRC Agreement ID}