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3.6.3. When Payor iszues payment inProvider or Contracted Provider and Covered Person names, <br />Payor shall make claim checks payable in the name of Provid.er or Contracted Provider first and Covered Person <br />second- <br />3.6.4. Claim denials shall be cornmunicated to hovider or Conhacted Provider and shall includE <br />the specific reasonwhy the olaim was dsnied. If the denial is based upon Medical Necessity or similar grounds, then <br />Payor upon request of Provider or Contracted Provider must also promptly clisclose the supporting basis for the <br />decision. <br />3.6.5. Payor shall be responsible for ensuring that any petson acting on behalf of or at the direction <br />of Payor or acting pursuant to Payor standards or requirements complies with these billing and claim payment <br />standarcls. <br />3.6.6, The standards inthis Section 3.6 do not apply inthe folls\a/irig circumstrances: to claims about <br />which there is substantial evidence of fi'aud or misrepresentation by Provider, Contraoted Providers or Covered <br />Persons; in instances whoro Payor or Company has not been granted reasonable access to information under <br />Contracted hovider's control; or if the failure to comply is occasioned by any act of God, banlcuptcy, act of a <br />governmental authority responding to an act of God or other emergency, or the resuli of a strikg lockout, or other <br />labor dispute. <br />3.1. Recovery Rishts - Payor. Payor or its delegate shall have the right to immediately offset or recoup <br />any and all amounts owed by Provider or a Contracted Provider to Payor or Company against amounts owed by the <br />Payor or Company to tle Provider or Contracted Provider, Provider and Conkacted Providers agree that all <br />recoupment and any offset rights under this Agreement will constitute rights of recoupment authorized under State <br />or federal law and that zuch rights will not be subject to any requirement of prior or other approval from any court or <br />other govemment authority that nny now have or hereafter have jurisdiotion over Provider or a Contracted ProvidEr. <br />Notwithstancling the foregoing, except in the case of fraud, a Payor may not request (a) a refirnd of a palmrent <br />previously made to satis$' a claim unless Payor does so in writing within 24 months (or within 30 months for reasons <br />relatecl to coordination of benefits) in accordance with RCW 48.43,600 or ft) payment of a contested rsfund sooner <br />than six months afber receipt of the request. This section is not applicable to subrogation claims. <br />3,8. Recoverv Rights - Provider. Except in the casE of fraud, Provider or a Contracted Provider may not <br />request paynent from Company or Payor to satisfy a slaim unless it does so in writing within 24 months a{ter the <br />date the claim was denied or payment intended to satisfu the ciaim was made. Ir the case of coordkmtion of benefits, <br />Provider or a Contracted Providermust request from Company orPayor within 30 months after original payment was <br />made, any additional balances owed, Additional payment canaot be requested any sooner than six months after <br />request is made. This section is not applicable to subrogation claims, <br />ARTICLE TV . RECORDS AND INSPECTIONS <br />4.1. Records. Each Contracted Provider shall maintain medical, financial and administrative records <br />related to items or services provided to Covered Persons, including but not limited to a complete and acourate <br />pemtanent medical record for each such Covered Person, in such fonn and detail as are required by applicable <br />Regulatory Requirements and consistent with generally accepted medical standards. Such records shall be maintained <br />for a minimum of i0 years after final paym.ent is made under this Agreement. However, when an audit, litigation, or <br />other action involving records is initiated prior to the end of said period, records shall be maintained for a minimum <br />of 10 years following resolution of such action Medical records must support claims submitted to Company for <br />payment in accordance with accepted standards for claims coding as interpreted and applied by the Payor and <br />regulatory authorities. <br />4.2. Acces.-s. Provider and each Contracted Provider shall provide access to their respective books and <br />records to eash of the following, including any delegato or duly authorized agent tlrereof, subject to applicable <br />PPA WA - Ifittitas County Public Health - 05.07.2V25 - ICMProviderAgreernenl36026S Page I 0 of 24