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Health Care Services Agreement Page 6
Health Care Services Agreement
ABC HEALTH PROVIDERs
Family Planning One 6
Specialty Services. "Specialty Services" shall mean those Covered Services specifically identified on
Exhibit C attached hereto, which may be modified from time to time at the sole discretion of ABCHP.
Standard Clauses. “Standard Clauses” shall mean the New York State Department of Health
Standard Clauses for HMO and IPA Provider Contracts attached to this Agreement as Attachment A.
2. PREFATORY PROVISIONS
2.1 Government Contracts. HC agrees that all services provided by HC under the terms of this
Agreement shall be in accordance with the terms of all applicable Government Contracts, which are hereby
incorporated by reference as if they were specifically set forth herein. Further, both parties agree that, in the
event that the provisions of this Agreement are inconsistent with the provisions of any Government Contract,
the provisions of the Government Contract shall govern. Nothing herein shall impair any rights relating
thereto of HRA, DOH or any other New York State agency, NEW YORK CITY or HHS. The Government
Contracts shall be available for review at ABCHP’s headquarters with prior written notice of such request.
2.1.1 If there is any change in any Government Contract that does not result in a material
detriment to either party, ABCHP shall provide written notice of such change to HC. If HC does not object in
writing within thirty (30) days from receipt of notice from ABCHP, such change(s) shall be incorporated into
this Agreement without the necessity of further action by the parties. If HC objects to such change(s) within
the thirty (30) day notice period, either party may terminate this Agreement upon sixty (60) days notice if good
faith negotiations do not result in a mutually acceptable amendment to this Agreement. The terms of this
Agreement shall remain in effect during any negotiations, termination notice, or continuation of care periods
required under this section 2.1.1 or applicable statute, regulation or Government Contract.
2.1.2 If there is any change in any Government Contract that may result in a material
detriment to either ABCHP or HC, the parties hereby agree to enter into good faith negotiations to amend this
Agreement with respect to such change to the mutual satisfaction of both parties, provided, however, that the
terms of the current Agreement remain in effect during any such negotiations.
2.1.2.1 ABCHP and HC agree to obtain DOH and CDOH-HCA approval prior to
making a material amendment to this Agreement to the extent required by DOH rules and regulations or
applicable Government Contract.
2.1.2.2 In the event the parties do not agree on an amendment acceptable to both
parties and to DOH and CDOH-HCA, either party shall have the right to terminate the Agreement upon sixty
(60) days written notice to the other party. . Provided, however, that this Agreement shall remain in effect
during the termination notice period and any continuation of care period required hereunder. If it is not
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