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0 <br />(3) Should any of the parties, including physicians, improperly file a <br />Medicare or Medicaid claim as described in the Medicare & Medicaid Patient Program <br />Protection Act of 1987 [42 U.S.C. section 1320a -7a], and/or the Ethics in Patient Referral Act of <br />1989, as amended [42 U.S.C. sections 1395nn and 13951(q)], and all existing and future <br />implementing regulations; or <br />(4) Upon the good faith determination by any of the parties that the health <br />and/or welfare of the Practice's patients is jeopardized by the continuation of this Agreement. <br />D. The Practice may terminate this Agreement by providing written notice to the <br />University and UNC Hospitals in the manner specified in Subparagraph O within thirty (30) days <br />of his/her notification from the University, UNC Hospitals, or its designated agent of an <br />adjustment in the fees for the services of HealthLink PM. <br />E. To the extent that any law, rule, or regulation of any authority having <br />jurisdiction over the parties will raise a question as to the legality, enforceability, or <br />appropriateness of this Agreement or any provision hereof, the parties agree to negotiate <br />promptly regarding modification as may be required to bring this Agreement into compliance <br />with applicable law, rule, or regulation. Should the parties be unable to agree upon such <br />modification within a period of thirty (30) days from the date that a party will give notice of such <br />changes in law, rule, or regulation, this Agreement will be deemed terminated. <br />F. If this Agreement is terminated, its provisions will remain in effect for the <br />resolution of all matters unresolved at the time, including but not limited to, the Practice's <br />payment of all outstanding invoices for HealthLink PM services as provided in Paragraph 3 <br />above, through the effective date of termination of this Agreement. <br />G. All medical information obtained from and medical records of patients who <br />call HealthLink PM will be treated as confidential so as to comply with all state and federal laws <br />and regulations regarding the confidentiality of medical information and medical records. The <br />parties' confidentiality obligations under this Agreement will continue after termination. <br />Notwithstanding termination, the parties will continue to have access to medical records for five <br />(5) years from last date that services are furnished to patients under the terms of this Agreement, <br />or for such length of time as required by applicable law, as necessary to fulfill the terms of this <br />Agreement or other obligations of any of the parties. <br />H. The parties acknowledge that the payment of consideration, whether direct or <br />indirect, to induce a referral of any patient for services or equipment reimbursement under the <br />Medicare and Medicaid programs is unlawful, and agree that no benefit incurred hereunder by <br />any party will be conditioned upon, nor granted in consideration of, the referral of any patient to <br />any party. <br />I. The parties will cooperate to resolve any dispute which may arise between them <br />regarding this Agreement or the services provided hereunder. <br />3/97 <br />