2020_0608_CCPacket - Laserfiche WebLink

Home

4. Payment by Third Party. Notwithstanding anything herein to the contrary, the Employer and/or Plan Administrator may enter into an agreement with a third party (e.g., a broker) pursuant to which the third party agrees to pay all or a portion of the administrative service fees due to MEDSURETY under this Agreement. In such event, MEDSURETY shall accept payments fr obligation to pay MEDSURETY fees as described herein shall be satisfied to the extent such fees are in fact paid by a third party. However, Employer and/or Plan Administrator shall remain liable hereunder for the payment of any and all fees not actually paid by such third party. F. Employee Meetings. Employer shall establish meeting times conducive to the mutual scheduling needs of Employer, its employees, and representatives of MEDSURETY if MEDSURETY representatives are expected to attend or otherwise be available for such meetings. Employer shall arrange and provide appropriate and accessible meeting places for all group meetings. Employer shall encourage the participation of alees to attend group meetings to include announcement/communication of meeting times and places in accordance with workforce needs. G. HIPAA Portability and PPACA. Employer or Plan Administrator shall be solely responsible for determining whether the portability requirements of HIPAA and the group health plan requirements of PPACA apply to the Plan. Unless mutually agreed otherwise, Employer or Plan Administrator shall be solely responsible for complying with (1) the portability requirements of HIPAA, and (2) the group health plan requirements of PPACA, including, but not limited to, the external review requirements, with respect to the Plan. H. HIPAA Privacy and Security. Employer and Plan Administrator shall be responsible for complying with the requirements of HIPAA privacy and security applicable to the Plan (as a covered entity). MEDSURETY shall not provide services that relate to HIPAA privacy and security including, but ce of Privacy Practices and I. Regulatory Compliance. Employer and Plan Administrator shall be responsible for ensuring that the Plans comply with applicable laws and regulations pertaining to the Plans. Employer and Plan Administrator shall be responsible for any and all governmental or regulatory charges resulting from Employer's establishment and operation of the Plans. Employer and Plan Administrator shall be responsible for determining the tax consequences of a Covered participation in the Plans, if any, and for any tax withholding or reporting related to such participation (e.g., the tax consequences of the participation of individuals deemed to be self-employed under the Code). This provision does not relieve MEDSURETY from any statutory or agency requirements placed directly on it as a result of performing services under this Agreement. J. Plan Design. Employer possesses and exercises ultimate authority and responsibility for the design of the Plan. Employer has consulted its legal and/or accounting advisors concerning the tax advantages and consequences of sponsoring the Plan and shall not rely on MEDSURETY for such guidance. K. Plan Interpretation. Plan Administrator possesses and exercises ultimate authority and responsibility for determining benefits under the Plan and making Plan decisions including, but not limited to, decisions regarding eligibility for participation, termination of participation, and payment of benefits. This authority and responsibility includes, but is not limited to, final review of claim and continuation coverage denials. MEDSURETY, LLC 6 Administration Agreement (Non-ERISA) Exhibit Business Associate Agreement