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appropriate to the Covered Personns ability to understand; (") To participate in desisions regarding Covered Person's health care, including the right to refuse treatment; (d) To be free from any form of restraint or seclusion used as a means of coercion, discipting convenience, or retaliation; (e) To recluest and receive a copy of their medical records, and to request that they be amended or corrected in accordance with Applicable law; and (0 Tochooseabehavioralhealthcareprovider 3.45, B-ackeround Checks. Provider shall require a criminal history background check through the Washington Stato Patrol for employees and volurteers of Provider who may have unsupervised acoess to ohildren, people with developmental disabilities, or wlnerable aclults. Further, Provider shall maintain related polioies and procedures and personnel files consistent with requirements in Chapter 43.43 RCW, Chapters 388-877 WAC and Chapter 388-064 WAC. 3.46. Cultural Considerations, If applicable, Provider shall participate in and cooperate with Health Plan's efforts to promote the delivery of services in a culturally competent marmer to all Covered Persons, including those with limited English proficiency and diverse cultural and ethnic backgrounds, disabiiities, and regardless of gender, sexual orientation or gender identity. 3.47. Member Self-Determination. ProvidEr shall (a) obtain informed consent prior to treatment from all Covered Persons, or from percons authorized to consent on behalf of Covered Persons as described in RCW ?.70.065, (b) comply with the provisions of the Natural Death Act (Chapter 70.122 RCUD and Applicable t aw and rules concerning advance directives and POLST (e.g., WAC 182-501-0125 and42 C.F,R g 417.436), and (c) whar appropriate, inform Covered Persons of their right to make anatomical gifts pursuant to Chapter 68.64 RCW. 3.48. Advance Directives and POLST, Provider shall ensure that whether a Covered Person has executed an advance directive or POLST shall be indicated in a prorninent part of such Covered Person's medical records, and Prrcvider shall not provision caxe or otherwise disoriminate against a Covered Person based on whether the Covered Personhas executed an advance directive or POLST. 3.49. Mental Heallh Advance DirEctives. Provider shall comply with Chapter 71,32 RCW (Mental Health Advance Directives). 3.50. Insurance. Provider shall have and maiutain insurance appropriate to the services to be performed under the Agreement. Provider shall make copies of certificates of insurance available to HCA upon request. 3,51. Health Home Surety Bond. If Provider is a home heatth agency, Provider represents and wa:rants that it is in compliance with the surefy bond requirements of federal law (Section 4708(d) of the Balanced Budget Act of 7997 and42 C.F.R. $ 441,16). 3.52. Solvenoy Recpirements. If Provider is at financial risk, as defined in the zubstantial financial risk or risk provisions in the State Contact, Provider shall be subject to solvency requirements that provide assurance of Provider's ability to meet its obligations. Suoh requiremEnts shali be regularly monitored and enforced. 3.53, Physician Incentive Plans. If Provider makes palment to any pliysician under a physician incentivo plan, zuchplan shall meet all applicable requirements under the State Contract, including but not limited to disclosure requirements and stop-loss protection. No payrnent to Provider, or by Provider to a provider, under a physiciarr incerrtive plan shall, directly or indirrctty, be an inducernent to reduce or limit Medically Necessary services provided PPAWA-KittitasCountyPublictlealth -05.0'1.2025 -ICMProvitlerAgreement 360268 Pagegof 12