R2016-136 BlueCross BlueShield Administration of Group Health Benefit Plan 2017

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legal, tax or other ramifications related to any plan's exempt plan status or any representation regarding any plan's exempt plan status. 3.8 Plan eligibility errors. Clerical errors in keeping or reporting data relative to benefits described in this Agreement will not invalidate coverage that would otherwise be validly in force or continue coverage which would otherwise validly terminate. Such errors will be corrected by Claim Administrator subject to the terms and conditions of this Agreement and Claim Administrator's reasonable administrative practices in the administration of the Plan including, but not limited to, those related to Timely notification of a change in a Covered Person's status. Employer is liable for any benefits paid for a terminated Covered Person until Employer has notified Claim Administrator of such Covered Person's termination. 3.9 Summary of Benefits and Coverage ("SBC"). Unless otherwise provided in the applicable ASO BPA, Employer acknowledges and agrees that Employer will be responsible for the creation and distribution of the SBC as required by Section 2715 of the Public Health Service Act (42 USC 300gg-15) and SBC regulations (45 CFR 147.200), as supplemented and amended from time to time, and that in no event will Claim Administrator have any responsibility or obligation with respect to the SBC and Claim Administrator will not be obligated to respond to or forward misrouted calls, but may,at its option, provide participants and beneficiaries with Employer's contact information. 3.10 Massachusetts Health Care Reform Act The Massachusetts Health Care Reform Act requires certain employers to provide, or contract with another entity to provide, a written statement to individuals residing in Massachusetts who had "creditable coverage"at any time during the prior calendar year through Employer's Plan(s) and to file a separate electronic report to the Massachusetts Department of Revenue verifying information in the individual written statements. If elected on the applicable ASO BPA, Claim Administrator will provide such written statements and electronic reporting,based on information provided to Claim Administrator by Employer and coverage under the Plan(s) during the term of this Agreement. Employer hereby certifies that,to the best of its knowledge, such coverage under the Plan(s)is"creditable coverage"in accordance with the Massachusetts Health Care Reform Act. Employer acknowledges that Claim Administrator is not responsible for verifying nor ensuring compliance with any tax and/or legal requirements related to this Service. Employer or its Covered Persons should seek advice from their legal or tax advisors as necessary. If not elected on the applicable ASO BPA, Employer acknowledges it will provide written statements and electronic reporting to the Massachusetts Department of Revenue as required by the Massachusetts Health Care Reform Act. 3.11 Use and disclosure of Protected Health Information. The parties acknowledge and agree that they have entered into a Business Associate Agreement in accordance with HIPAA. The terms and conditions of the Business Associate Agreement shall govern the use and disclosure of Protected Health Information by the parties, except as otherwise provided in this Agreement. 3.12 Electronic exchange of information. In the event Employer and Claim Administrator exchange various data and information electronically, Employer agrees to transfer on a Timely basis all required data to Claim Administrator via secure electronic transmission on the intranet and/or internet or otherwise, in a format mutually agreed to by the parties. Further, Employer is responsible for maintaining any enrollment applications and change forms completed by Covered Persons and to allow Claim Administrator reasonable access to this information as needed for administrative purposes. Employer authorizes Claim Administrator to submit reports, data and other information to Employer in the electronic format mutually agreed to by the parties. In the event Employer is unable or unwilling to transfer data in the electronic format mutually agreed to by the parties, Claim Administrator is under no obligation to receive or transmit data in any other format unless required by law to do so. In the event garbled or intercepted transmissions occur, the parties agree to redirect the information via another mutually agreeable means. SECTION 4: THIRD PARTY DATA RELEASE 4.1 Types of data. In the event Employer directs Claim Administrator to provide data directly to its third party consultant and/or vendor(the"Employer's Vendor"),and Claim Administrator agrees in its sole discretion,then Employer acknowledges and agrees, and will cause Employer's Vendor to acknowledge and agree: HCSC IL Gen ASA Med Non ERISA REG Rev.8.16 5 Proprietary and Confidential Information of Claim Administrator Not for use or disclosure outside Claim Administrator,Employer,their respective affiliated companies and third party representatives,except with written permission of Claim Administrator.