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BK -00028 PG -0393 <br />Section 2.5 is hereby replaced in its entirety by the following: <br />2.5 Subcontracting and Delegation. In order to discharge its obligations <br />hereunder, SHP shall engage certain health care professionals as independent <br />contractors rather than as employees. County consents to such subcontracting or <br />delegation. As the relationship between SHP and these health care professionals will <br />be that of independent contractor, SHP shall not be considered or deemed to be <br />engaged in the practice of medicine or other professions practiced by these <br />professionals. SHP shall not exercise control over the manner or means by which <br />these independent contractors perform their professional medical duties. However, <br />SHP shall exercise administrative supervision over such professionals necessary to <br />insure the strict fulfillment of the obligations contained in this Agreement. For each <br />agent and subcontractor, including all medical professionals, physicians, dentists and <br />nurses performing duties as agents or independent contractors of SHP under this <br />Agreement, SHP shall provide County proof, if requested, that there is in effect a <br />professional liability or medical malpractice insurance policy, as the case may be, in an <br />amount of at least one million dollars ($1,000,000.00) coverage per occurrence and five <br />million dollars ($5,000,000.00) aggregate. <br />Section 3.1 is hereby replaced in its entirety by the following: <br />3.1 Medical Records. County acknowledges that SHP's responsibility for all <br />inmate medical records shall commence on the effective date of this Agreement, and <br />that the responsibility for all inmate medical records prior to the effective date of this <br />Agreement shall rest solely with the County. Nothing in this Agreement shall be <br />interpreted to impose responsibility on SHP for inmate medical records prior to the <br />effective date of this Agreement. County does further acknowledge, however, that SHP <br />will assist County with the fulfillment of requests for production of medical records for <br />those medical services provided prior to the effective date of this Agreement, and by <br />doing so does not assume any responsibility for such records. It is mutually understood <br />by both parties that, during the term of this Agreement, SHP shall serve as the Records <br />Custodian in all medical record matters, in accordance with all applicable laws. <br />Commencing on the effective date of this Agreement, SHP shall cause and <br />require to be maintained a complete and accurate medical record for each inmate who <br />has received health care services. Each medical record will be maintained in <br />accordance with applicable laws and County's policies and procedures. The medical <br />records shall be kept separate from the inmate's confinement record. A complete <br />legible copy of the applicable medical record shall be available, at all times, to County <br />as custodian of the person of the patient. Medical records shall be kept confidential. <br />Subject to applicable law regarding confidentiality of such records, SHP shall comply <br />with North Carolina law and County's policy with regard to access by inmates and Jail <br />staff to medical records. No information contained in the medical records shall be <br />released by SHP except as provided by County's policy, by a court order, or otherwise <br />in accordance with the applicable law. SHP shall, at its own cost, provide all medical <br />2 <br />