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5.1
<br />5,2
<br />5.3
<br />lndpmni{iqatiou of State. ln addltion to the lndomnilication provision of the Agreement, Provlder shall indemnlff
<br />and hold harmless the State, its agencies, offlcer$, and employees from ail claims and suits, including
<br />"ourtcost$, attomey's fees, and other expenses, brought because of injuries or damagos recelved or sustained by
<br />any personr personsr or property that is caused by any act or omission of provider.
<br />This provislon intentionally leff blank.
<br />$tatq Aoency Goyernment Contlact, Provider shall comply with the terms appllcable to providers sei forth in
<br />the Govemment Contract, including incorporated documents, between Plan and the applicable State Agency,
<br />which applicable terms are incorporated herein by reference. Nothlng in thls Aftachment shall be construed io
<br />terminate or reduce the legal responsihility of Wellpoint to State Agency to ensure that all activities under the
<br />Government Contract are canied out. Wellpolnt shall afford Provider access to all necessary training and
<br />lnformation to enable Provider to carry out lts responsibilities under the Govemment Contract. Documents,
<br />procedures, and other adminlstratlve pollcles and programs referenced ln the Government Contract must be
<br />available for review by the Provider prior to contractlng.
<br />Perf.oJmance Within=the U.S. Provider agress that all servlces to be performed herein shall be performed in
<br />the United States of America. Breach, or anticipated brcach, of the foregoing shall be a materjd breach of
<br />this Aftachment and, without limitation of remedies, shall be cause for immediate termination of the Agreement
<br />and this Attachment.
<br />Iq-Eeyment.Outside,lhe.United $!ates. Provider agrees that Wellpoint shall not provide any payments for
<br />items or servlces provided under the Agreement to any financial instltutlon or entlty located out-siieifre United
<br />States of America.
<br />Ameriq3ns with Disabilities Act Complianco, Provider shall make reasonable accommodation for Medicaid
<br />Members wlth dlsabilities, in accord with the Americans with Disabilities Act, for all services ancl shall assure
<br />physical and communication banlers shall not inhibit Medicaid Members with disabilities from obtaining such
<br />services.
<br />lnterptetgr Services. ln compliance wlth 42 CFR 438.10(c)(4), Provider shall assure that interpreter services
<br />aro provldedfor Medicaid Members with a prlmary language other than English, free of charge. Provider shall
<br />also provide interpreter services for all interactlons between such Medicaid Members and Piovider including,
<br />but not limited to: all appolntments, emergency services, and all stops necessary to flle grievances and
<br />appeals.
<br />Readability- Provlder shall ensure that all written information provided to Medicaid Members is accurate, is not
<br />misleading, is comprehensible to lts intended audlence, is designed to provide the greatest degree of
<br />understanding, and is written at the sixth grade reading level, All such wriften materials must have the written
<br />approval of Wellpoint prior lo use,
<br />Coordination of Benefits/Thid Party Liabillb{, ln addition to the Coordination of Benefits/Subrogation provislon
<br />of the Agreement, Provlder understands and agrees thatwhen a Modlcaid Member is covereC Uy twd or more
<br />plans, the primary plan must pay or provide its benefits as if the Medicaid Program did not elist. Provider
<br />acknowledges and agrees that claims payments made by Wellpoint pursuant to Medlcaid Program
<br />requirements are subiect to Medicaid Program requlrements regarding third party liability, Provider ihall
<br />cooperate with Wellpoint's policies and procedures related to third party liability recovery iri the event clalms
<br />for services rgndgred by Provider to a Medicald Member are related to an lllness or lnJury for which a third
<br />party may be llable, lncluding, without limitation, claims that may be covered by automobile ingurance, workers'
<br />compensation gover?ge, other health insurance, or otherwiee give rise to a claim for third party liabllity,
<br />coordination of benefits or subrogation (to the extent permltted by Regulatory Requlrements;. erovlOer sfrdti
<br />take all reasonable actions requlred by Wellpoint to assist Wellpoint in obtaining such recoveries, including
<br />executing any appropriate documents reasonably requested by Wellpolnt to enforce such claims or to assign
<br />any payments to Wellpolnt. However Provider and Wellpolnt shall not refuse or reduce servlces provided
<br />under this agreement solely due to the existence of simllar benefits under any other health care contract. ln
<br />addition Wellpoint shall pay clalms for prenatal care and proventive pedlatrlc care and shall seek
<br />reimbursement from such third partles.
<br />Alpointment Waiting.Times. Provider shall offer hours of operatlon that are no less than the hours of operaflon
<br />gffergd to patients with other insurance coverage, lncluding but not limited to commercial health plans. lf
<br />Provlder is a prlmary care physician, Provider is encouraged to offer after-hours offlce care to Medicaid
<br />5.4
<br />5.5
<br />5.6
<br />5.7
<br />5.9
<br />5.8
<br />5.10
<br />Washlngton Enlerprlss Provkj€r Agr€oment M€dlcald Atlachmenl
<br />O 2024 July- Wellpoinl Washlngton, lnc.1 183e32156
<br />o510512026
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