SHJ25-011 UNITED HEALTHCARE & KCJ Carceral 2025 Medicaid Contract - PARTIALLY EXECUTED

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0160. Carrier will determine whether a Covered Person was charged for Covered Services inappropriately and may recover such payment as applicable. This provision shall survive any termination of the Agreement, including breach of the Agreement due to insolvency. 3.7 Indemnification. To the extent applicable to Provider in performance of the Agreement, Provider shall indemnify, defend and hold the HCA and its employees harmless from and against all injuries, deaths, losses, damages, claims, suits, liabilities, judgments, costs and expenses, including court costs and attorney fees, to the extent proximately caused by any negligent act or other intentional misconduct or omission of Provider, its agents, officers, employees or contractors arising from the Agreement. The HCA may waive this requirement for public entities if Provider is a state agency or sub -unit as defined by the State or a public health entity with statutory immunity. This clause shall survive the termination of the Agreement for any reason, including breach due to insolvency. 3.8 Provider Selection. To the extent applicable to Provider in performance of the Agreement, Provider shall comply with 42 CFR 438.214, as may be amended from time to time, which includes, but is not limited to the selection and retention of providers, credentialing and recredentialing requirements and nondiscrimination. If Carrier delegates credentialing to Provider, Carrier will provide monitoring and oversight and Provider shall ensure that all licensed medical professionals are credentialed in accordance with Carrier's and the State Contract's credentialing requirements. 3.9 Restrictions on Referrals. Provider shall not make inappropriate referrals for designated health services to health care entities with which Provider or a member of Provider's family has a financial relationship, pursuant to federal anti -kickback and physician self -referral laws that prohibit such referrals. 3.10 Subcontracts. Provider shall perform those services and reports to be provided as set forth in the Agreement, and may subcontract services only if permitted by Carrier in writing. If Provider subcontracts or delegates any functions of the Agreement, in accordance with the terms of the Agreement, the subcontract or delegation must be in writing and include all of the requirements of this Appendix, applicable requirements of the State Contract and applicable laws and regulations. Provider further agrees to promptly amend its agreements with such subcontractors, in the manner requested by Carrier, to meet any additional State Program requirements that may apply to the services. 3.11 Records Retention. As required under State or federal law or the State Contract, Provider shall maintain an adequate record keeping system for recording services, charges, dates and all other commonly accepted information elements for services rendered pursuant to the State Contract. All financial records shall follow generally accepted accounting principles. Medical records and supporting management systems shall include all pertinent information related to the medical management of each Covered Person. Other records shall be maintained as necessary to clearly reflect all actions taken by Provider related to services provided under the State Contract. Provider shall retain all records, including but not limited to grievance and appeal records and any other records related to data, information, and documentations for a period of not less than 10 years from the close of the Agreement, or such other period as required by law. If records are under review or audit, they must be retained for a minimum of 10 years following resolution of such action. Prior approval for the disposition of records must be requested and approved by Carrier if the Agreement is continuous. UHC/ST47'E PROGRAMS REGAPX WA.02.25 31