Healthcare Management Administrators (HMA) 2/20/2025

HMA TPA Agreement Page 15 4/22 by any third-party contracts to which HMA is a signatory. Plan Sponsor hereby represents and warrants that, to the extent any disclosed information contains Protected Health Information (as defined by the Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”)) about a Participant, Plan Sponsor has the legal authority to have access to such information. Plan Sponsor shall give HMA 60 days’ prior written notice of its intent to perform such an audit and its need for such information and shall represent to HMA that the information, which will be disclosed therein, is reasonably necessary for the administration of the Plan. All audits and information disclosure shall occur at a reasonable time and place and at the Plan Sponsor’s sole cost and expense. Prior to commencement of any audit, all Auditors will be required to sign an HMA Auditor Agreement. 11. Overpayment or Improper Payment of Plan Benefits. If any payment is made hereunder to an ineligible person, or if it is determined that an overpayment or improper payment has been made to any party, HMA shall make reasonable efforts to recover the overpayment or improper payment, but shall not be required to initiate court proceedings for any such recovery. If HMA is unsuccessful, HMA shall notify Plan Sponsor in order that Plan Sponsor may take such action as may be available to it. 12. Additional Payments to Claimants. Plan Sponsor may, by written notice to HMA signed by an executive officer of the Plan Sponsor, instruct HMA to pay claims, which in HMA’s opinion are not payable under the Plan, upon the condition that such instruction expressly releases HMA from any liability in connection therewith. Plan Sponsor hereby acknowledges that such payments will not qualify for credit toward excess or stop loss insurance coverage, and as such, are considered “outside” the Plan, unless otherwise agreed upon in writing by the Plan’s stop-loss carrier. Plan Sponsor retains all legal requirements for such payment. 13. Cooperation in Defense of Claims. HMA and Plan Sponsor shall advise each other as to matters which come to their respective attentions involving potential legal actions or regulatory enforcement activity which involve the Plan or are related to the activities of either party with respect to the Plan or this Agreement and shall promptly advise each other of legal actions or administrative proceedings which have actually commenced. 14. Notice of Third Party Administrator’s Capacity. HMA shall notify all Participants in writing of its identity and its relationship to the Plan and the Plan Sponsor in such form and manner as approved by the Plan Sponsor. 15. Plan’s Compliance with Laws. Plan Sponsor represents and warrants that the Plan presently complies with all applicable federal, state and local laws and regulations, specifically including, but not limited to, ERISA, Mental Health Parity and Addiction Equity Act (“MHPAEA”), Patient Protection and Affordable Care Act (“PPACA”) the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended (“COBRA”), HIPAA and HITECH, the Consolidated Appropriations Act of 2021, and covenants and agrees that it will, at its sole cost and expense, take all action necessary to cause the Plan’s continued compliance with all applicable federal, state and local laws and regulations during the term of this Agreement. Plan Sponsor is solely responsible for obtaining any actuarial analysis, non- discrimination testing, or actuarial determinations required by the Plan. HMA’s services to assist Plan Sponsor’s with their compliance obligations are limited to directly supporting the services provided by HMA to the Plan Sponsor, and do not extend to any services that the Plan Sponsor is receiving through external parties (i.e. PBM, benefit specific carve- outs, advocacy services, etc.), unless otherwise agreed to in writing by a duly authorized officer of HMA as an addendum to this Agreement, for which the Plan Sponsor remains solely liable.