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a. Provider acknowledges that this Agreement and all Covered Services rendered pursuant to this <br />Agreement are subject to applicable state licensing statutes and regulations. Accordingly, Provider <br />shall abide by those provisions set forth in Attachment 1. <br />b. Provider acknowledges that all Covered Services rendered in conjunction with the state Medicaid <br />program are subject to the additional provisions set forth in Attachment 2, the effect of which <br />provisions is limited solely to activities and Covered Services related to the state Medicaid program. <br />c. For Covered Services rendered to Members enrolled in a Molina Marketplace Product, Medicaid <br />statutes and regulations referenced in this Agreement are inapplicable, and Provider shall comply <br />with all statutory and regulatory requirements of the Washington Health Benefit Exchange Act, <br />including the 2012 regular session laws, chapter 87 Affordable Care Act Implementation and <br />regulations adopted pursuant to RCW 43.71. <br />2.10 Provider Non -solicitation Obligations. Provider shall not unilaterally assign or transfer patients served <br />under this Agreement to another medical group, IPA, or provider without the prior written approval of <br />Health Plan. Nor shall Provider solicit or encourage Members to select another health plan for the primary <br />purpose of securing financial gain for Provider. Nothing in this provision is intended to limit Provider's <br />ability to fully inform Members of all available health care treatment options or modalities. <br />2.11 Fraud and Abuse Reporting. Provider shall report to Health Plan's compliance officer all cases of <br />suspected fraud and/or abuse, as defined in Title 42, of the Code of Federal Regulations, Section 455.2, <br />where there is reason to believe that an incident of fraud and/or abuse has occurred, by subcontractors, <br />Members, providers, or employees within ten (10) business days of the date when Provider first becomes <br />aware of, or is on notice of, such activity. Provider shall establish policies and procedures for identifying, <br />investigating, and taking appropriate corrective action against fraud and/or abuse in the provision of <br />health care services under the Medicaid program or by state or federal agencies. Upon the request of <br />Health Plan and/or the State, Provider shall consult with the appropriate State agency prior to and during <br />the course of any such investigations. <br />2.12 Advance Directive. Provider shall document all patient records with respect to the existence of an <br />Advance Directive in compliance with the Patient Self -Determination Act (Section 4751 of the Omnibus <br />Reconciliation Act of 1990), as amended, and other appropriate laws. <br />2.13 Reassignment of Members. Health Plan reserves the right to reassign Members from Provider to another <br />provider or to limit or deny the assignment or selection of new Members to Provider during any <br />termination notice period or if Health Plan determines that assignment to Provider poses a threat to the <br />Members' health and safety. If Provider requests reassignment of a Member, Health Plan, in its sole <br />discretion, will make the determination regarding reassignment based upon good cause shown by the <br />Provider. When the Health Plan reassigns Member(s), Provider shall forward copies of the Member's <br />medical records to the new provider within ten (10) business days of receipt of the Plan's or the <br />Member's request to transfer the records. <br />2.14 Reciprocity Agreements. Provider will cooperate with Affiliates and agrees to ensure reciprocity of <br />health care services to Affiliate's enrollees. For Affiliate enrollees, Provider will be compensated for <br />Clean Claims that are determined to be payable in accordance with Laws and Government Program <br />Requirements. If there is not a law or Government Program Requirement governing reimbursement, <br />Provider will be compensated at the rates set forth in this Agreement. Provider will follow the hold <br />harmless provisions of this Agreement for Affiliate's enrollees. <br />ARTICLE THREE - HEALTH PLAN'S OBLIGATIONS <br />3.1 Compensation. Health Plan shall pay Provider in accordance with the terms and conditions of this <br />Agreement and the compensation schedule set forth in Exhibit 1 and its applicable sub -exhibits. <br />3.2 Member Eligibility Determination. Health Plan shall maintain data on Member eligibility and <br />enrollment. Health Plan shall promptly verify Member eligibility at the request of Provider. <br />3.3 Prior Authorization Review. Health Plan shall timely respond to requests for prior authorization and/or <br />determination of Covered Services. <br />MJIWPROV22.3 MHWPSA/Revised Jan 2024 Page 12 or25 <br />