SHJ25-009 KCJ AND CHPW - PARTIALLY EXECUTED

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damages, claims, suits, liabilities, judgments, costs and expenses which may in any manner accrue against HCA or its employees through the intentional misconduct, negligence, or omission of Facility, its agents, officers, employees or contractors, and (b) any damages related to Facility's unauthorized use or release of Personal Information or PHI of Members. 35. Termination Provision. Either Party to this Exhibit may terminate this Exhibit upon ninety (90) days advance written notice to the other Party. Notwithstanding the foregoing, in the event that (a) Facility is excluded from participation in the Medicaid program, CHPW may immediately terminate the Agreement or this Exhibit upon written notice to Facility, and may immediately recover any payments for goods or services that benefit excluded individuals or entities; or (b) HCA or Medicare has taken any action to revoke Facility's privileges for cause, and Facility has exhausted all applicable appeal rights or the timeline for appeal has expired. "For cause" may include but is not limited to reasons related to fraud, integrity or quality. 36. Provider Appeal Rights. If Facility provides physician services, Facility may exercise any appeal rights pursuant to Chapter 284-170 WAC to challenge CHPW's failure to cover a service. 37. CHPW Oversight and Corrective Action. Facility acknowledges and agrees that CHPW shall conduct ongoing monitoring and periodic formal review that is consistent with applicable industry standards and the regulations of the Washington State Office of the Insurance Commissioner, if any. Such formal review shall be completed no less than once every three (3) years or more often if specified, and will identify any deficiencies or areas of improvement and provide for corrective action of any such deficiencies. Such review shall include an evaluation to ensure that services furnished by Facility to individuals with special health care needs are appropriate to the Member's needs. Inadequate performance under the Agreement will be subject to the revocation of delegation or imposition of sanctions in accordance with the dispute resolution process detailed in the Agreement. 38. Member Self -Referral. Facility acknowledges that Members have a right to self -refer for: 38.1 Family planning services and supplies, and sexually -transmitted disease screening and treatment services provided at participating or non -Participating Providers, including but not limited to fatuity planning agencies; 38.2 Immunizations, sexually -transmitted disease screening and follow-up, immunodeficiency virus (HIV) screening, tuberculosis screening and follow-up, and family planning services through and if provided by a local health department; 38.3 Immunizations, sexually transmitted disease screening, family planning and behavioral health services through and if provided by a school -based health center; 38.4 All services received by American Indian or Alaska Native Members under the Special Provisions for American Indians and Alaska Natives Subsection of the State Contract; and 38.5 Crisis Response Services, including crisis intervention; crisis respite; investigation and detention services; and, evaluation and treatment services. Self -referrals can also be made for assessment and intake for behavioral health services. 2020 Facility Exh B 1 B - McaidProv Page 37 of 51 Contract #{Contract #}-1PRC Agreement ID)