Provider Responsibilities. The Provider shall: (a) Be liable for and indemnify, defend, and hold the State Medicaid Agency, Managed Care Plan, Enrollees and Government Sponsor harmless from all claims, suits, judgments, or damages, including court costs and attorney's fees, to the extent proximately caused by any negligent act or omission or other wrongful conduct relating to this Agreement. This clause must survive the termination of the Agreement, including breach due to insolvency. The State Medicaid Agency may waive this requirement for itself, but not Managed Care Plan Enrollees, for damages in excess of the statutory cap on damages for public entities, if the provider is a state agency or subdivision as defined by Xxxxxxxx, or a public health entity with statutory immunity. All such waivers shall be approved in writing by the Agency. (b) Comply with all of the requirements of Section 6032 (Employee Education About False Claims Recovery) of the Deficit Reduction Act of 2005, if the Provider receives or earns five million dollars or greater annually under a State Medicaid program. The Provider portal and/or Provider Manual will have online details or access to the following from Section 6032 of the federal Deficit Reduction Act of 2005: The False Claim Act; The penalties for submitted false claims and statements; Whistleblower protections; The law’s role in preventing and detecting fraud, waste and abuse, and each person’s responsibility relating to detection and prevention. (c) By signature to this Agreement, the Provider does attest that all statements and information furnished by the prospective provider before signing the Agreement shall be true and complete. The filing of a materially incomplete, misleading or false application will make the application and agreement voidable at the option of the State or ILS Community Network and is sufficient cause for immediate termination of the provider from the State and Managed Care Plan Medicaid program and/or revocation of the provider number. (d) Agree to notify ILS Community Network of any changes to the information furnished on the Provider Enrollment Application including changes of address, tax identification number, group affiliation, depository bank account if Electronic Fund Transfers, and principals. For this purpose, principals includes partners or shareholders of five (5) percent or more, officers, directors, managers, financial records custodian, medical records custodian, subcontractors, and individuals holding signing privileges on the depository account, and other affiliated person. This Agreement will comply with all applicable Federal and State laws and regulations including title VI of the Civil Rights Act of 1964; title IX of the Education Amendments of 1972 (regarding education programs and activities); the Age Discrimination Act of 1975; the Rehabilitation Act of 1973; and the Americans with Disabilities Act of 1990 as amended. Each party agrees to carry out all activities undertaken by it pursuant to this Agreement in conformance with the Mandates, the State, and the Centers for Medicare and Medicaid Services ("CMS"). This Agreement section shall apply to the services provided by Provider as such services relate to participating Managed Care Plan's contract with the Government Sponsors such as Centers for Medicare and Medicaid Services ("CMS") and/or Agency. With respect to the rendering of such services, the provisions of the Managed Care Plan's contract with the Government Sponsor Payor shall supersede any provision in this Agreement that may conflict or appear inconsistent with any provision in the contract between Managed Care Plan or Government Sponsor.
Appears in 8 contracts
Samples: Standard Provider Agreement, Provider Agreement, Provider Agreement
