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HMA TPA Agreement Page 6 4/22 <br />SPD language and adherence with any substantiation requirements as <br />administered by the PBM that might be required in order for such prescription <br />claims to be eligible for coverage under the applicable stop loss policy are all <br />factors outside of the control of HMA. Plan Sponsor acknowledges that HMA shall <br />not be liable for any prescription related coverage determination made by the Stop <br />Loss Carrier. Furthermore, the Plan Sponsor is responsible for providing approved <br />Summary Plan Documents to the Stop Loss Carrier and acknowledges that delays <br />in timely approval and submission of Summary Plan Description(s) may result in <br />claim reimbursements being held or denied. Plan Sponsor acknowledges that out <br />of Plan exceptions made by the Plan Administrator may not be covered by stop <br />loss without the express advance written consent of the stop loss carrier. All out <br />of Plan exceptions are made at the Plan’s sole risk and liability. Plan Sponsor <br />acknowledges and agrees that in exchange for the performance of Stop loss <br />support provided by HMA, compensation in the form of an administrative fee will <br />be paid to HMA by Preferred Stop Loss Carriers.  If the Stop Loss Carrier selected <br />by the Plan Sponsor is non-preferred, HMA at is sole election may agree to work <br />with the Stop Loss Carrier but Plan Sponsor shall be charged a Stop Loss Interface <br />fee as outlined in the Schedule of Fees accepted by Plan Sponsor. HMA reserves <br />the right to decline to work with any Stop Loss Carrier, MGU or other Intermediary <br />in its sole discretion. <br />(h)Plan Sponsor Vendor Payment Administration Support. One of the <br />ministerial functions offered by HMA on behalf of the Plan Sponsor may be the <br />payment of other vendors who have been selected by the Plan Sponsor and who <br />are providing contracted services to the Plan Sponsor’s benefits plan (aka <br />consolidated billing). Timely payment of these vendors is solely contingent upon <br />the Plan Sponsor providing timely funding as stipulated in Section 5(a) of this <br />Agreement. HMA does not insure nor underwrite any liability of the Plan Sponsor <br />or the Plan and shall have no financial risk or liability with respect to the provision <br />of, or payment for, any benefits under the Plan, including but not limited to <br />payments to outside vendors on behalf of the Plan Sponsor. <br />(i)HMA Vendor Partners. The work to be performed by HMA under this Agreement <br />may, at its discretion, be performed directly by it or wholly or in part through a <br />subsidiary or affiliate of HMA or under an agreement with an organization, agent, <br />advisor, or other person of its choosing. HMA may delegate certain portions of its <br />work under this Agreement to any other entity. As the ultimate beneficiary of any <br />such agreement, the Plan Sponsor by its execution of this Agreement <br />acknowledges that it will be ultimately responsible for and bound to the payment <br />terms of HMA's contract with the vendor for any costs associated with such <br />services which cannot be incorporated into HMA’s fees or which otherwise fall <br />outside the scope of this Agreement. HMA is willing to facilitate certain Plan <br />functions on behalf of Plan Sponsor with selected vendor partners of Plan Sponsor <br />under the following conditions: <br />(i)HMA reserves the right to charge an additional fee to account for <br />anticipated costs associated with providing services in conjunction with <br />any specific stop loss carrier. Any such fee shall be reflected on Claim <br />Administrative Fee Schedule and/or Client Intent, attached hereto, and <br />will be communicated to Plan Sponsor in advance. <br />(ii)HMA reserves the right to charge an additional fee for any custom <br />reporting required by a vendor partner that is beyond HMA’s standard <br />report package. Any such fee shall be reflected on Claim Administrative