Laserfiche WebLink
HCA General Terms and Conditions <br /> 27. Notice of Overpayment. If the Contractor receives a vendor overpayment notice or a letter <br /> communicating the existence of an overpayment from the Washington State Department of Social and <br /> Health Services' Office of Financial Recovery (OFR), the Contractor may protest the overpayment <br /> determination by requesting an adjudicative proceeding. The Contractor's request for an adjudicative <br /> proceeding must: <br /> a. Be received by the OFR at Post Office Box 9501, Olympia, Washington 98507-9501, within twenty- <br /> eight (28) calendar days of service of the notice; <br /> b. Be sent by certified mail (return receipt) or other manner that proves OFR received the request; <br /> c. Include a statement as to why the Contractor thinks the notice is incorrect; and <br /> d. Include a copy of the overpayment notice. <br /> Timely and complete requests will be scheduled for a formal hearing by the Washington State Office of <br /> Administrative Hearings. The Contractor may be offered a pre-hearing or alternative dispute resolution <br /> conference in an attempt to resolve the overpayment dispute prior to the hearing. <br /> Failure to provide OFR with a written request for a hearing within twenty-eight (28) days of service of a <br /> vendor overpayment notice or other overpayment letter will result in an overpayment debt against the <br /> Contractor. HCA may charge the Contractor interest and any costs associated with the collection of this <br /> overpayment. HCA may collect an overpayment debt through lien, foreclosure, seizure and sale of the <br /> Contractor's real or personal property; order to withhold and deliver; or any other collection action <br /> available to HCA to satisfy the overpayment debt. <br /> 28. Order of Precedence. Each of the Exhibits listed below is by this reference hereby incorporated into this <br /> contract. In the event of an inconsistency in this contract, the inconsistency shall be resolved by giving <br /> precedence in the following order. <br /> a. Applicable Federal and State of Washington statutes and regulations <br /> b. Special Terms and Conditions (if any) <br /> c. General Terms and Conditions <br /> d. Exhibit A— Statement of Work <br /> e. Any other provision, term or material incorporated herein by reference or otherwise incorporated. <br /> 29. Ownership of Material. <br /> Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" <br /> as defined by the U.S. Copyright Act and shall be owned by the Authority. The Authority shall be <br /> considered the author of such Materials. In the event the Materials are not considered "works for hire" <br /> under the U.S. Copyright laws, Contractor hereby irrevocably assigns all right, title, and interest in <br /> Materials, including all intellectual property rights, to the Authority effective from the moment of creation of <br /> such Materials. <br /> Materials means all items in any format and includes, but is not limited to, data, reports, documents, <br /> pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or <br /> sound reproductions. Ownership includes the right to copyright, patent, register and the ability to transfer <br /> these rights. <br /> State of Washington Page 13 of 19 Contract No.K2850 <br /> Health Care Authority <br />