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� <br /> . � <br /> .- , <br /> This Agreement made as of January 1, 2008 by and between Blue Cross and Blue Shield of Illinois, a Division of Health <br /> Care Service Corporation,a Mutual Legal Reserve Company(hereinafter referred to as the"Claim Administrator"),and City <br />' of Decatur (hereinafter referred to as the "Employer"), for the Employer Group Number(s) set forth in the Fee Schedule of <br /> Exhibit 2 attached hereto,WITNESSETH AS FOLLOWS: <br /> RECITALS <br /> WHEREAS, the Employer on behalf of the Group Health Plan has executed a Benefit Program Application and the Claim <br /> Administrator hereby accepts such Benefit Program Application attached hereto as Exhibit 4; and <br /> WHEREAS, the Employer's Group Health Plan has established and adopted an employee welfare benefit plan ("Plan") as <br /> described in its plan document,which shall be provided by the Employer to the Claim Administrator; and <br /> WHEREAS, the Employer on behalf of the Group Health Plan desires to retain the Claim Administrator to provide certain <br /> administrative services with respect to the Plan;and <br /> WHEREAS,it is desirable to set forth more fully the obligations,duties,rights and liabilities of the Claim Administrator and the <br /> Employer,as representative of the Group Health Plan,with respect to the Plan; <br /> NOW, THEREFORE, in consideration of these premises and the mutual promises and agreements hereinafter set forth, the <br /> parties hereby agree as follows: <br /> SECTION 1: APPOINTMENT <br /> The Employer hereby retains and appoints the Claim Administrator to provide services as hereinafter described in connection <br /> with the administration of the Plan. <br /> SECTION 2:AGREEMENT DEFINITIONS I', <br /> 2.1 "Administrative Charge" means the monthly service charge that is required by the Claim Administrator for the II <br /> administrative services performed under this Agreement. The Administrative Charge(s)is indicated in the most current Fee I <br /> Schedule specifications of Exhibit 2 of this Agreement. � <br /> 2.2 "Average Discount Percentage("ADP")"means a percentage discount determined by the Claim Administrator that will <br /> be applied to a Provider's Eligible Charge for Covered Services rendered to Covered Persons by hospitals and certain other <br /> health care facilities for purposes of calculating Coinsurance amounts, deductibles, out-of-pocket maximums and/or any <br /> benefit maximums. The ADP will often vary from Claim to Claim. The ADP applicable to a particular Claim for Covered <br /> Services is the ADP,current on the date the Covered Service is rendered,that is determined by the Claim Administrator to <br /> be relevant to the particular Claim. The ADP reflects the Claim Administrator's reasonable estimate of average payments, <br /> discounts and/or other allowances that will result from its contracts with hospitals and other facilities under circumstances <br /> similar to those involved in the particular Claim, reduced by an amount, not to exceed fifteen percent (15%) of such <br /> estimate, to reflect related costs. (See provisions regarding "CLAIM ADMINISTRATOR'S SEPARATE FINANCIAL <br /> ARRANGEMENTS WITH PROVIDERS" in Exhibit 2 of this Agreement.) In determining the ADP applicable to a <br /> particular Claim,the Claim Administrator will take into account differences among hospitals and other facilities,the Claim <br /> Administrator's contracts with hospitals and other facilities,the nature of the Covered Services involved and other relevant <br /> factors. The ADP shall not apply to Eligible Charges when the Covered Person's benefits under the Plan are secondary to <br /> Medicare and/or coverage under any other group program. <br /> 2.3 "Certificate of Creditable Coverage" means a document which is generated for Covered Persons terminating coverage <br /> under the Plan.The certificate is provided to Covered Persons as evidence for credit of health coverage held under the Plan <br /> during the term of this Agreement. <br /> 2.4 ��Claim"means notification in a form acceptable to the Claim Administrator that service has been rendered or furnished to <br /> a Covered Person.This notification must set forth in full the details of such service including,but not limited to,the Covered <br /> Person's name, age, sex and identification number,the name and address of the Provider,a specific itemized statement of <br /> the service rendered or furnished, the date of service, applicable diagnosis, the Claim Charge, and any other information <br /> which the Claim Administrator may request in connection for such service. <br /> -5- <br />