Required Approvals are the necessary licenses, permits, accreditation, and certifications, including approvals for specialties or subspecialties required under applicable laws, including Contractor’s applicable accreditation agency or agencies, for Contractor and its clinical laboratories to perform the Services on the specimens referred to Contractor by Quest Diagnostics under this Agreement. Contractor will maintain and ensure that, during the Term, it and its employees have all Required Approvals. Contractor shall not refer Services to a third-party reference laboratory without Quest Diagnostics’ prior written consent. Standard of Services. Contractor represents and warrants that it will perform all Services (i) in a professional, accurate, and timely manner (ii) in accordance with applicable state and federal testing requirements for clinical reference laboratories (iii) in-house at Contractor’s own testing locations so that Quest Diagnostics may accurately and appropriately identify the testing location for all Services. Contractor will reimburse Quest Diagnostics for Re-work Expenses if there are any errors in the services or test results.Ĥ. Remedies for Re-Work. “Re-Work” is the tasks that Quest Diagnostics must perform due to Contractor re-performing Services on a patient’s specimen, either the same or a new specimen, due to the circumstances specified in this Section 3, and related to re-reporting test results to the ordering physician. If Specimen cannot be tested due to contractor assay failure or technical failure, Contractor will not charge for testing.ģ. If Contractor receives a Specimen that cannot be Tested from Quest Diagnostics, Contractor must immediately contact Quest Diagnostics to enable Quest Diagnostics to provide a specimen that Contractor can test. Specimens Not Tested. A specimen is a Specimen That Cannot be Tested if it (i) does not meet the Contractor’s requirements for the Services, (ii) is not the appropriate specimen for the Services, (iii) does not meet the specimen collection requirements specified in Contractor’s directory of services, (iv) is of questionable integrity, or (v) is unable to be tested due to Contractor assay failure or Contractor technical failure. If additional testing is required to confirm or clarify a specific test result, and Contractor cannot perform the test within the applicable turn around time, Contractor must advise Quest Diagnostics within one hour after learning that it will not meet the specified turn-around time and provide an estimated time for issuing the test result report.Ģ. If, in any calendar month, Contractor fails to meet the specified turn around time for at least 95% of tests it performs under this Agreement, Quest Diagnostics has no obligation to pay for Services for which Contractor did not meet specified turn around times. Contractor must meet the specified turn around time for at least 95% of the tests it performs under this Agreement. The parties will measure turn around time by starting from the time Contractor receives a specimen at its testing location and ending at the time the requesting laboratory receives a detailed test result report. For each test it performs, Contractor will deliver test result reports to Quest Diagnostics within twenty-four hours from the time Contractor receives the specimen at its testing location. Contractor will perform repeat testing at no charge when necessary or requested by Quest Diagnostics. Services. Upon request by Quest Diagnostics, Contractor will perform laboratory testing services (“Services”) at the rates agreed upon by the parties.
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