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9.6
<br />9.7
<br />9.8
<br />9.10
<br />s.11
<br />9.9
<br />lf there ls an inconsistency between any of the provisions of this Agreement and the provlder manual(s) then
<br />this Agreement shall govsrn. ln addltlon, if there is an inconsistency between the tbrms of this Agreement
<br />and the terms provlded in any attachment to this Agreemont, then the terms provided in that attachment shall
<br />govern.
<br />forqe Mgieule. Neither party shall be deemed to be in violation of this Agreement if such party is prevented
<br />from_ performing any of his/her/lts obllgations hereunder due to natural or man-made disas{ers, including Rre,
<br />flood, earthquake, terrorism, orany similar unforeseeable act beyond ils reasonable control, acts of any fiudieenemy, statutory or other laws, regulations, rules, order6, or actions of the federal, state, or local government
<br />or any agency thereof.
<br />Comqlignc%with Be . Wellpoint and Provlder agree to comply with all applicable
<br />Regulatory Requirements, as amended from time to time, relatlng to their obligations under thls Agieement,
<br />and malntaln in offect all permits, licenses and governmental and board authorizations and approvals as
<br />necessary for business operations, Provider warants that as of the Effective Date, he/she/it is and shall
<br />remain licensed and certlfied for the term of this Agreement in accordance wlth all Regulatory Requirements
<br />(including those applicable to utilization review and Claims payment) relating to the proriision of Health
<br />Services to Members. Providsr shall supply ovidence of such liconsure, compliance dnd certifications to
<br />Wellpolnt upon request. lf there is a conflict between this section and any other-provision in thls Agrooment,
<br />then this section shall conlrol,
<br />9,7.1 ln addition to the foregoing, Provlder warrants and reprosents that at the time of entering lnto thls
<br />Agreement, neither he/she/it nor any of his/her/its employees, contractors, subcontractors, principals
<br />or agents are lnoligible, excluded, suspended, terminated or debarred from particlpating in a
<br />Government Program ("lneligible Person"). Provider shall remain conlinuously responsible for
<br />ensurlng that his/her/its employeos, contractors, subcontractors, principals or agents are not
<br />lneligible Persons. lf Provider or any employees, subcontractors, principals or agents thereof
<br />becomes an lneligible Person after entering into this Agreement or otherwlse faili to disclose
<br />hisiher/its lnellglble Pelson status, Provider shall have an obligation to (1) immediately notif
<br />Wellpoint of such lneligible Person status and (2) wlthin ten (10) days of such notice, remove such
<br />lndividual from responslbility for, or involvement with, Provider's business operations related to this
<br />Agreement.
<br />Governifg Law. This Agreement shall be govemed by and construed in accordance with the laws of the State
<br />of Washington, unless such state laws are otherwise preempted by federal law, However, coverage issues
<br />specific to a Health Benefit Plan are governed by the state laws where the Health Benefit Plan is issued,
<br />unless such state laws are otherwise preempted by federal law.
<br />lntent of the .Partieq. lt is the intent of the parties that this Agreement ls to be effective only in regards to their
<br />rights and obligations wlth respect to each other; lt is expressly not the intent of the pirrttes to create any
<br />independent rights in any third party or to make any third party a third pady beneficiary of this Agreemeni,
<br />except to the extent specified ln the Payment in Full and Hold Harmless soction of this Agreement, or in a
<br />Participation Attachment(s).
<br />Non-Fxclusivg Participation. None of the provisions of this Agreement shall prevent Provider or Plan from
<br />participating ln or contracting with any provlder, preferred provider organization, health maintenance
<br />organlzation/health lnsuring corporation, or any other health delivery oi lnsurance program. Provider
<br />acknowledges that Plan does nol warrant or guarantee that Provider wili be utilized by any particular number
<br />of Members,
<br />tttqllgq. Any notice required to be given pursuant to the terms and provisions of this Agreement shall be in
<br />wrltlng and shall be deljvered by hand, facsimile, electronic mail, or mail. Notice stritt be deemed to be
<br />effective; (a) yvhel dellvered by hand, (b) upon transmittal when transmitted by facsimile transmission or by
<br />e-lectronic mail, (c) u.pon.receipt by registered or certified mail, postage prepaid, (d) on the next business day
<br />if transmitted by national overnight courier, or (e) if sent by regular mail, five (5) days from the date set forth
<br />on the corespondence, Unless speclfled othen/vise in wrltlng by a party, Wellpoint 6hall send provider notice
<br />to.an address that Wrellpoint has on file for Provider, and Provider shall send Wellpoint nollce to Wellpoinfs
<br />address as set forth in the provlder manual(s). Notwithstanding the foregoing, and unless othenryise required
<br />by Regulatory Requirements, Wellpoint may post updates to its provlder manual(s) and Pollcies on ftd web
<br />site.
<br />Washlnglon Enterprise Provlder Agreement PCS
<br />@2024 July- Wollpoht Washlngton, lne.1 1 839321 56
<br />0s/05/2025
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