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IV. SCOPE OF SERVICES AND RESPONSIBILITIES OF THE PARTIES <br /> A. ERR Proqram Application. <br /> 1. Responsibilitv for Preparinq and Submittina ERR Proaram Application(s). Employer will <br />� be solely responsible for preparing and submitting the ERR Program application(s) in <br /> order to be certified by HHS for participation in the ERR Program. HCSC agrees to <br /> provide, to the best of its ability, any data in HCSC's possession that Employer <br /> requests. <br /> 2. Assistance with ERR Proqram Application(s). Upon Employer's request and in <br /> consultation with Employer, HCSC shall provide any or all of the following for <br /> Employer's use in the ERR Program Application(s): <br /> • Description of procedures and programs currently in place for Employer's Group <br /> Health Plan(s) that have generated or have the potential to generate cost savings <br /> with respect to plan participants with a Chronic and High-Cost Condition, including <br /> the conditions for which the Group Health Plan(s) has such programs and <br /> procedures in place and how it was determined that the identified conditions satisfy <br /> the $15,000 threshold; <br /> • Assistance in identifying all Benefit Options under the Group Health Plan(s) for <br /> which Early Retirees can be claimed for ERR Program purposes; <br /> • Confirmation that HCSC's antifraud program applies to Employer's Group <br /> Health Plan(s) and is supported by policies and procedures to detect and reduce <br /> fraud, waste, and abuse, and that HCSC will produce those policies and <br /> procedures, and necessary information, records and data, upon request of the <br /> Secretary of the Department of Health and Human Services, to substantiate <br /> existence of those policies and procedures and their effectiveness; and <br /> • Projected amount of ERR Program reimbursement expected for each of the first <br /> two Plan Year cycles of Employer's Group Health Plan(s), including, upon request, <br /> a low-end estimate and a high-end estimate of expected ERR Program proceeds <br /> and an estimate that represents the Group Health Plan(s) most likely amount of <br /> program proceeds of each plan year cycle. <br /> 3. List of Earlv Retirees. <br /> a. Responsibilitv and Standard for Determininq Earlv Retirees. Employer shall be <br /> solely responsible for determining whether an enrollee in Employer's Group Health <br /> Plan is an Early Retiree using information reasonably available to Employer in <br /> accordance with 45 C.F.R. §149.2 and §149.335. HCSC shall have no <br /> responsibility to determine or confirm whether a particular enrollee is an Early <br /> Retiree according to ERR Program Requirements. <br /> b. Responsibilitv for Preparinct Lists of Earlv Retirees. Employer shall be solely <br /> responsible for preparing and submitting to HHS all Lists of Early Retirees for each <br /> reporting period and for deleting from such list any individual who does not meet the <br /> requirements for an Early Retiree for ERR Program purposes. <br /> -3 - <br />