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� A. The choice of a Provider is solely the choice of the Covered Person and the Claim Administrator <br /> will not interfere with the Covered Person's relationship with any Provider. <br /> B. It is expressly understood that the Claim Administrator does not itself undertake to furnish hospi- <br /> tal or medical service, but solely to make payment to a Provider for the Covered Services re- <br /> ceived by Covered Persons.The Claim Administrator is not in any event liable for any act or omis- <br /> sion of any Provider or the agent or employee of such Provider, including, but not limited to,the <br /> failure or refusal to render services to a Covered Person. Professional services which can only <br /> be legally performed by a Provider are not provided by the Claim Administrator. Any contractual <br /> relationship between a Provider and the Claim Administrator shall not be construed to mean that <br /> the Claim Administrator is providing professional service. <br /> C. The use of an adjective such asApproved,Administrator,Participating or In-Network in modifying <br /> Provider shall in no way be construed as a recommendation, referral or any other statement as <br /> to the ability or quality of such Provider. In addition, the omission, non-use or non-designation <br /> of Approved,Administrator, Participating, In-Network or any similar modifier or the use of a term <br /> such as Non-Approved, Non-Administrator, Non-Participating, or Out-of-Network should not be <br /> construed as carrying any statement or inference, negative or positive, as to the skill or quality <br /> of such Provider. <br /> D. Each Provider provides Covered Services only to Covered Persons and does not deal with or <br /> provide any services to the Employer (other than as an individual Covered Person) or the Plan. <br /> The Employer represents that it has included the provision stated in this Section XV. in its Plan <br /> Document. <br /> XVI. INFORMATION AND MEDICAL RECORDS <br /> • A. All Claim information, including, but not limited to, medical records, received by the Claim <br /> Administrator in the performance of its duties hereunder will be kept confidential by the Claim <br /> Administrator and except for reasonable necessary use bythe Claim Administrator in connection <br /> with the performance of its duties hereunder,the Claim Administrator shall not disclose such con- <br /> fidential Claim information without the authorization of the Covered Person or as otherwise re- <br /> quired or permitted by applicable law. <br /> B. The Claim Administrator shall release to the Employer Claim information regarding the provision <br /> of Covered Services to Covered Persons and copies of records to the extent necessary to enable <br /> the processing of Claims or the response to a Provider or a Covered Person's complaint or to <br /> an appeal of the denial of a Claim reviewed by the Claim Administrator and the Employer. Any <br /> information so obtained by the Employer shall be kept confidential, as required by applicable <br /> state and federal law. <br /> C. Each Covered Person agrees that it is the Covered Person's responsibility to ensure that any <br /> Provider, Blue Cross and Blue Shield Plan, insurance company, employee benefit association, <br /> governmental body or program, or any other person or entity, having knowledge of or records <br /> relating to (1) any illness or injury for which a Claim or Claims for benefits are made under the <br /> Plan, (2) any medical history which might be pertinent to such illness, injury, Claim or Claims, or <br /> (3) any benefits or indemnity on account of such illness or injury or on account of any previous <br /> illness or injury which may be pertinent to such Claim or Claims,furnish to the Claim Administra- <br /> tor,at any time upon its request,any and all information and records(including copies of records) <br /> relating to such illness, injury, Claim or Claims. In addition,the Claim Administrator may furnish <br /> similar information and records (or copies of records) to other Providers, Blue Cross and Blue <br /> Shield Plans, insurance companies, governmental bodies or other entities providing insurance- <br /> � type benefits requesting the same. It is also the Covered Person's responsibility to furnish to the <br /> Employer and/or Claim Administrator information regarding the Covered Person's becoming eli- <br /> gible for Medicare,termination of Medicare eligibility or any change in Medicare eligibility status <br /> - 9 - <br />