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and payment for, such health care services. Under such circumstances the Blue Cross and <br />� Blue Shield Plan in the particular state in which such services are received (the"Host Plan") <br />� will process the Covered Person's Claim in accordance with the Host Plan's applicable con- <br /> tract, if any, with the particular Provider ("Host Plan Provider"). Host Plans may charge the <br /> Claim Administrator an access fee for making their negotiated payment rates and the resulting <br /> savings available on Claims incurred by Covered Persons under this Agreement. This Blue- <br /> Card access fee may be up to 10% (but not to exceed $2,000 for any Claim) of the resulting <br /> savings. <br /> When the Claim Administrator is charged an access fee by a Host Plan for such services,such <br /> fee shall be considered and treated as a Claim Payment under this Agreement. If the Claim <br /> Administrator receives any credit relative to such access fee from the Host Plan, such amount <br /> shall be credited against Claim Payments under this Agreement. <br /> Instances may occur in which no Claim Payment or a minimal Claim Payment is made under <br /> this Agreement because the amounts eligible for payment were applied to the deductible or <br /> Coinsurance. Nonetheless, if the Host Plan charges the Claim Administrator an access fee <br /> as discussed above relative to such Claim, the Claim Administrator shall pay such fee and <br /> such amount shall be considered and treated as a Claim Payment under this Agreement. <br /> The Claim Administrator hereby informs the Employer, and the Employer acknowledges, that the <br /> Claim Administrator's and the Host Plans'Provider contracting arrangements, operational practic- <br /> es and procedures, and the policies and procedures governing Inter-Plan Teleprocessing Soft- <br /> ware(ITS)software used to process Claims for services rendered by the Claim Administrator's and <br /> the Host Plans' Providers may result in minor deviations in Claim processing and/or pricing of <br /> Claims for same services. <br /> The Employer represents that it has included the provision stated in this Section XVII. in its Plan <br /> Document. <br /> XVIII. MEDICARE SECONDARY PAYER ("MSP") PROVISIONS <br /> A. The MSP Law <br /> The Employer has certain obligations under the Medicare Secondary Payer ("MSP")statute. <br /> 1. Scope of the Statute: <br /> The statutory requirements and rules for MSP coverage vary depending on the basis for <br /> Medicare and employer group health plan ("GHP") coverage, as well as certain otherfac- <br /> tors, including the size of the employers sponsoring the GHP. In general, Medicare pays <br /> secondary to the following: <br /> a. GHPs that cover individuals with end-stage renal disease ("ESRD") during the first <br /> 30 months of Medicare eligibility or entitlement. This is the case regardless of the <br /> number of employees employed by the employer or whether the individual has"cur- <br /> rent employment status." <br /> b. In the case of individuals age 65 or over, GHPs of employers that employ 20 or more <br /> employees if that individual or the individual's spouse (of any age) has"current em- <br /> ployment status."If the GHP is a multi-employer or multiple employer plan,which has <br /> at least one participating employer that employs 20 or more employees, the MSP <br /> rules apply even with respect to employers of fewer than 20 employees (unless the ' <br /> ! � plan elects the small employer exception under the statute). <br /> c. In the case of disabled individuals under age 65,GHPs of employers that employ 100 ' <br /> or more employees, if the individual or a member of the individual's family has"cur- <br /> rent employee status." If the GHP is a multi-employer or multiple employer plan, , <br /> - 12 - I�I <br />