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4.2 4.1 5.1 5.2 6.1 7.1 Wa8hlngtoo Enterpris€ Provlder Agreemsnt PCS @2024 )uly - Wellpdnt Wa6hlnglon, lnc. for payment purposes, for health care operations purposes consistent with those enumerated ln the ffrst two paragraphs of the health care operalions definltlon in HIPM(45 CFR 164.501), orfor purposes of health care fraud and abuse detection or compliance. Such data shall be in the form of an automated transfer of Provider'6 Electronic Medical Record ("EMR") cllnical data for closed encounters in the industry-standard Clinical Docqlelt Archltecture ("CDA") format for the aforementioned uses, whlch shall be via Epic Payer Platform ('EPl") Clinical Data Exchange ("CDE") for providers on the Epic EMR, or materlally slmilar-connectivity inierface for alternate EMR platform (e.9. Cerner, Allscripts), Automated transfer of the data shall occur ("go- llve") withln three (3) months after the Effective Date of this Agreement, Conflguratlon shall be enabled iuch that clinical information is made available timely during and throughout inpatient sncounters. Provlder shall provide data as set forth in Policies or the providor manual(s), as applicable. ARTICLE IV INSURANGE Wg[ooint lnsurance. Wellpoint shall self-insure or malntaln insurance as required underapplicable Regulatory Requirements to insure Wellpoint and its employees, acting within the scope of their dutles. Providg-r lnsurance. Provlder shall self-insure or maintain insumnce ln types and amounts reasonably detennined by Provlder, or as required under applicable Regulatory Requirements. ARTIGLEV RELATIONSHIP OF THE PARTIES Relaflon$hin of the Padies. For purposes of this Agreement, Weltpoint and Provider are and will act at all times as independent contractors, Nothing in this Agreement shall be construed, or be deemed to create, a relatlonshlp of employer or employee or principal and agent, partnership, joint venture, or any relationshlp other than that of independent entities contracling wlth each other for the purposes of effectuating thls Agreement. Prolridqr Rgprgsentations and-Warrantips. Provider rcpresents and warants that it has the corpomte power and authority to execute and deliver thls Agroement on its own behalf, and on behalf of any other lndividuals or entities that are owned, or employed or subcontracted with or by Provider to provide services under this Agreoment. Provider further certllies that lndividuals or entitles that are owned, employed or subcontracted with Provider agree to comply with the terms and condltlons of this Agreement. ARTICLEVI INDEMNIFIGATION AND LIMITATION OF LIABILITY lndeftnificatlgtr. Wellpoint and Provider shall each indemniff, defend and hold harmless the other pa[y, and his/her/its directors, officers, employees, agents, Affiliates and subsidiaries ("Representatives"),.from and agalnst any and all losses, claims, damages, liabilitles, costs and expenses (including without limitation, reasonable attorney$'fees and costs) arising from third party claims resulting from the indemnifiTlng party's or his/her/lts Representative's failure to perform the indemnlfulng party's obligations under thls Agreement, and/or the indemnifiTing party's or hls/her/lts Representative's violation of any law, statute, ordinance, order, standard of care, rule or regulation. The obligation to provide indemniflcation under this Agreement shall be contingent upon the party seeking indemnification provlding the indemniffing party wlth prompt wriften notice of any claim for which indemniflcation is soughl, allowing the indemniffing parly to control the defense and settlement of such claim, provided howeverthat the indomnifiTing party agrees notto enter into any settlement or compromise of any claim or action ln a manner that admits fault or imposes any restrictions or obligations on an indemnified party without that indemnified party's prior wriften consent which will not be unreasbnably withheld, and cooperaling fully with the indemniffing party ln connectlon with such defense and seftlement. This provision intentlonally left blank, ARTICLE VII DISPUTE RESOLUTION Complaints of Members. Wellpoint shall notlff the Provider concernlng any complaint by a Member involvlng that Provider or a Participating Providerof that Provider ln accordance with procedures set forth in the provider manual. The provisions of this Article shall only apply to disputes that have complied fully with all giievance and appeal procedures set forth in the provider manual. 6.2 I 1 183932156 $510512023