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Docusign Envelope lD: CEBC6B3C-DFA1 -486C-AFE8-6A4A634400B6 <br />damages, claims, suits, liabilities, judgments, costs and expenses which may in any manner <br />accrue against HCA or its employees through the intentional misconduct, negligence, or <br />omission of Facility, its agents, officers, employees or contractors, and (b) any damages related <br />to Facility's unauthorized use or release of Personal Information or PHI of Members. <br />35. Terminution Provision Either Party to this Exhibit may terminate this Exhibit upon <br />ninety (90) days advance written notice to the other Party. Notwithstanding the foregoing, in the <br />event that (a) Facility is excluded from participation in the Medicaid program, CHPW may <br />immediately terminate the Agreement or this Exhibit upon written notice to Facility, and may <br />immediately recover any payments for goods or services that benefit excluded individuals or <br />entities; or (b) HCA or Medicare has taken any action to revoke Facility's privileges for cause, <br />and Facility has exhausted all applicable appeal rights or the timeline for appeal has expired. <br />"For cause" may include but is not limited to reasons related to fraud, integrity or quality. <br />36. Provider Appeal Rights.If Facility provides physician services, Facility may exercise <br />any appeal rights pursuant to Chapter 284-170 WAC to challenge CHPW's failure to cover a <br />service. <br />37. CHPW Oversight and Corrective Action. Facility acknowledges and agrees that CFIPW <br />shall conduct ongoing monitoring and periodic formal review that is consistent with applicable <br />industry standards and the regulations of the Washington State Office of the Insurance <br />Commissioner, if any. Such formal review shall be completed no less than once every three (3) <br />years or more often if specified, and will identify any deficiencies or areas of improvement and <br />provide for corrective action of any such deficiencies. Such review shall include an evaluation to <br />ensure that services furnished by Facility to individuals with special health care needs are <br />appropriate to the Member's needs. Inadequate performance under the Agreement will be <br />subject to the revocation of delegation or imposition of sanctions in accordance with the dispute <br />resolution process detailed in the Agreement. <br />38. Member Self-Referral. Facility acknowledges that Members have a right to self-refer for: <br />38.1 Family planning services and supplies, and sexually-transmitted disease screening <br />and treatment services provided atparticipating or non-Participating Providers, including but not <br />limited to family planning agencies; <br />38.2 Immunizations, sexually-transmitted disease screening and follow-up, <br />immunodeficiency virus (HIV) screening, tuberculosis screening and follow-up, and family <br />planning services through and if provided by a local health department; <br />38.3 Immunizations, sexually transmitted disease screening, family planning and <br />behavioral health services through and ifprovided by a school-based health center; <br />38.4 All services received by American Indian or AlaskaNative Members under the <br />Special Provisions for American Indians and Alaska Natives Subsection of the State Contract; <br />and <br />38.5 Crisis Response Services, including crisis intervention; crisis respite; <br />investigation and detention services; and, evaluation and treatment services. Self-referrals can <br />also be made for assessment and intake for behavioral health services. <br />2020 Facility Exh BIB - McaidProv Page 37 of5l Contract #5908-662684