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Washington Regulatory Requirements Appendix <br />In addition to our understandings in the agreement between you and us, there are certain additional items <br />which Washington laws and regulations require us to include in our contract. This Washington <br />Regulatory Requirements Appendix (the "Appendix") sets forth those items and is made part of the <br />agreement between you and us. <br />These requirements apply to products or services sponsored by participating entities or issued or <br />administered by, or accessed through us to the extent they are regulated under Washington laws and for <br />which Washington laws control. The requirements in this Appendix, however, do not apply to the extent <br />they are preempted by the Medicare Modernization Act or other applicable law. <br />We each agree to be bound by the terms and conditions contained in this appendix. In the event of a <br />conflict or inconsistency between this appendix and any term or condition contained in the agreement <br />between you and us, this appendix shall control except with regard to benefit contracts outside the scope <br />of this appendix. For the purpose of this appendix, "enrollee," "enrolled participant," or "member" shall <br />mean customers who are enrolled in products or services insured or administered by us or any <br />participating entity. <br />This appendix will be deemed to be updated to incorporate any changes to the laws and regulations <br />referenced herein, including any changes to definitions referenced herein, effective as of the date of such <br />changes. <br />1. The following provision is added as bullet -point number 7 and does not replace section <br />"Guiding Principles" of the agreement: <br />Communication. We each agree that nothing in this agreement in any way precludes or <br />discourages you from informing patients of the care they require, including various treatment <br />options, and whether in their view such care is consistent with medical necessity, medical <br />appropriateness, or otherwise covered by the patient's benefit contract with us. We shall not <br />prohibit, discourage, or penalize you otherwise practicing in compliance with the law from <br />advocating on behalf of a member. We do not preclude or discourage patients or those paying for <br />their coverage from discussing the comparative merits of different health carriers with their <br />providers, including you. This prohibition specifically includes prohibiting providers <br />participating in those discussions even if critical of a carrier, including us. <br />2. The following provisions are added to the end of the section and do not replace section <br />"What you will do" of the agreement: <br />A. Enrolled Participant Protection Provision. You hereby agree that in no event, including, <br />but not limited to nonpayment by us or a participating entity, or our insolvency or breach of <br />this agreement, shall you bill, charge, collect a deposit from, seek compensation, <br />remuneration or reimbursement from, or have any recourse against an enrolled participant <br />or person acting on their behalf, other than us, for services provided pursuant to this <br />agreement. This provision does not prohibit collection of copayments, coinsurance, <br />deductibles and/or payment for non -covered services, which have not otherwise been paid <br />by a primary or secondary carrier in accordance with regulatory standards for coordination <br />of benefits, from enrolled participants in accordance with the terms of the enrolled <br />participant's benefit contract. You agree, in the event of our or a participating entity's <br />insolvency, to continue to provide the services promised in this agreement to enrolled <br />participants for the duration of the period for which premiums on behalf of the enrolled <br />participant were paid or until the enrolled participant's discharge from inpatient facilities, <br />whichever time is greater. Notwithstanding any other provision of this agreement, nothing <br />UHC/SMGA.RFGAPX09.24.WA -19- <br />