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writing, that the data is accurate, complete, and truthful, based on Provider's best knowledge, <br />information and belief. <br />3.37 Health Records. Provider agrees to cooperate with Carrier to maintain and share a health record <br />of all services provided to a Covered Person, as appropriate and in accordance with applicable <br />laws, regulations and professional standards. <br />3.38 Non -Discrimination. Provider will not discriminate against Covered Persons on the basis of <br />race, color, national origin, sex, sexual orientation, gender identity, or disability and will not use <br />any policy or practice that has the effect of discriminating on the basis of race, color, or national <br />origin, sex, sexual orientation gender identity, or disability. <br />i) Provider shall not discriminate on the bases enumerated in RCW 49.60.530(3); Title VII <br />of the Civil Rights Act, 42 U.S.C. §12101 et seq.; and the Americans with Disabilities <br />Act of 1990 (ADA), 42 U.S.C. § 12101 et seq., and 28 C.F.R. Part 35. <br />ii) Provider shall give written notice of this nondiscrimination requirement to any labor <br />organizations with which Provider has a collective bargaining or other agreement. <br />iii) Obligation to Cooperate. Provider shall cooperate and comply with any Washington state <br />agency or federal agency investigation regarding any allegation that Provider has engaged <br />in prohibited discrimination. <br />iv) Suspension and Termination. United or HCA may suspend Provider upon written notice <br />from United HCA of a failure to participate in and cooperate with any state or federal <br />agency investigation into alleged prohibited discrimination. <br />v) Any such suspension will remain in place until United HCA determines that Provider is <br />cooperating with the investigating agency. <br />vi) If Provider is determined by United or HCA to have engaged in discrimination under any <br />of the provisions identified in this Section, United HCA may terminate the Agreement in <br />whole or in part, and Provider may be referred for debarment as provided in RCW <br />39.26.200. United or HCA, in its sole discretion, may give Provider a reasonable time in <br />which to cure the noncompliance, including implementing conditions consistent with any <br />court order or settlement agreement. <br />vii) Damages. In the event of contract termination or suspension for engaging in <br />discrimination, Provider shall be liable for damages as authorized by law. <br />viii) Any such damages are distinct from any penalties imposed under chapter 49.60 RCW or <br />other applicable law. <br />ix) Nothing in this Section shall preclude United or HCA from requiring a Corrective Action <br />Plan or imposing sanctions or liquidated damages. <br />3.39 Advance Directives. When applicable, Provider shall comply with the advance directives <br />requirements for hospitals, nursing facilities, providers of home and health care and personal care <br />services, hospices, and HMOs as specified in 42 CFR Part 49, subpart I, 42 CFR § 417.436(d), <br />42 CFR § 422.128, and 42 CFR 438.3(i). In addition, as applicable, Provider must comply with <br />Chapter 71.32 RCW (Mental I{ealth Advance Directives). <br />3.40 Termination. In the event of termination of the Agreement, Provider shall promptly supply to <br />Carrier all information necessary for the reimbursement of any outstanding Medicaid claims. <br />UHGSTATE PROGRAMS RF,GAPX WA.02.25 <br />39 <br />