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F.Regulatory Compliance.AdoptingEmployerand/orPlan Administrator shall be responsible for compliance with applicable laws and regulations pertaining to the Plans. The Adopting Employer and/or Plan Administrator shall be responsible for any and all governmental or regulatory charges resulting from Adopting Employer's establishment and operation of the Plans. This provision does not relieve MEDSURETY, LLC from any statutory or agency requirements placed directly on it as a result of performing services under this Agreement(s). G. Plan Interpretation. As Plan Administrator, the Adopting Employer possesses and exercises ultimate authority and responsibility for determining benefits under the Plan(s) 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 Continuation Coverage denials. H. Other Information. The Adopting Employer and/or Plan Administrator (including a designee) shall comply with all requests for information made by MEDSURETY, LLC reasonably necessary for MEDSURETY, LLC to fulfill its duties under this Agreement or reasonably necessary for MEDSURETY, LLC to bill Adopting Employer for its services hereunder. Any documentation received by the Adopting Employer and/or Plan Administrator (including a designee) that should have been initially provided to MEDSURETY, LLC shall be promptly forwarded to MEDSURETY, LLC. I. Authorized Representatives. Until otherwise advised in writing by the Adopting Employer and/or Plan Administrator, MEDSURETY, LLC may accept the authority and rely upon the instructions of, or documents signed by, representatives of the Adopting Employer and/or Plan Administrator listed in Exhibit C. Additional documentation, specifying persons authorized for various purposes, may also be executed by the parties from time to time, and MEDSURETY, LLC shall be entitled to rely upon such documentation without questions, unless it has actual J. Legal Obligations. The Adopting Employer and/or Plan Administrator shall possess ultimate responsibility and authority for the operation of the Plans and for their compliance with all applicable laws and regulations pursuant to the provisions of the Plan(s). IV. Records & Information A. Maintenance and Access. MEDSURETY, LLC and Plan Administrator shall maintain adequate records relating to the terms and operation of the Plans for at least the Plan year to which the records relate and for an eight (8) year period thereafter. Each party shall have access to the records relating to the Plans maintained by the other party during normal business hours and upon reasonable notice and request and subject to applicable laws and regulations. The parties shall maintain the confidentiality of any information relating to Covered Individuals and the Plans in accordance with applicable laws and regulations. B. Record Use. MEDSURETY, LLC, Adopting Employer, and Plan Administrator agree that the medical records, names, addresses, telephone numbers, Social Security numbers and other personal information relating to Covered Individuals, which MEDSURETY, LLC may obtain as a result of performing Administrative Services may be collected, maintained and used by MEDSURETY, LLC and Plan Administrator as necessary to administer the Plans. MEDSURETY, LLC and Plan Administrator may use patient specific and individually identifiable information, as necessary to properly administer the Plans, to defend any claim related to the Plans or to the provision of services under this Agreement, or as otherwise may be permitted by state or federal law. All parties agree that such information shall be considered confidential and protected as required under applicable law including, but not limited to, HIPAA. Continuation and/or Retiree Billing 5 Administrative Agreement (public sector)