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A I RITE COPY CERTIFICATION 014 LAST PAGE J . K . BARTON , CLERK Information to defend its work product and to comply with applicable insurance record - keeping laws and regulations . 10 . In the event that Stop Loss Carrier and/or Broker performs any of the services on Administrator ' s premises , Stop Loss Carrier and/or Broker agree not to remove from Administrator ' s premises any Confidential Information that is provided to or obtained by the Stop Loss Carrier and/or Broker on such premises , without the prior written consent of Administrator . 11 . In any report or transmittal to Employer by Stop Loss Carrier and/or Broker that contains or pertains to oral or written Confidential Information , no medical information or dates of service will be identifiably attributed to any particular employee , dependent, or provider . Furthermore , any such report or transmittal shall not contain any information designated by Administrator as confidential , trade secret, or proprietary . 12 . As the administrative simplification provisions of the Health Insurance Portability and Accountability Act of 1996 ( HIPAA -AS ) and certain of its implementing regulations (HIPAA -AS Regulations) are now effective , Employer, Stop Loss Carrier, and Broker agree to institute any additional procedures and/or agreements required to ensure the parties ' compliance with that law and those regulations . Employer represents and warrants that Employer (i ) has amended each Plan ' s plan document to permit Employer to perform plan administration for the Plans ( including the activity( ies) described in the recital clauses above) in accordance with 45 C . F . R . § 164 . 504 (f) and 45 C . F . R . § 164 . 314 (b) of the HIPAA -AS Regulations (" HIPAA Amendment" ) ; (ii) has delivered to each Plan and Administrator a written statement , certifying its amendment of the Plan ' s plan document as required by the HIPAA -AS Regulations and its agreement to comply with that amendment ; and (iii ) has obtained each Plan ' s permission to receive individually identifiable health information from Administrator for the purposes and subject to the restrictions and protections described in the HIPAA Amendment . Stop Loss Carrier and Broker each agree to be bound , and to cause any agent or subcontractor to be bound , by the same restrictions and protections agreed to by Employer in the HIPAA Amendment with respect to any individually identifiable health information encompassed within the Confidential Information Stop Loss Carrier and/or Broker receives . 13 . No health insurance records or information , or claims information , shall be disclosed without the prior written authorization of the individual whose records or information would be disclosed ; provided , however, that Stop Loss Carrier and Broker may release information provided pursuant to this Agreement to subsidiaries of Stop Loss Carrier and Broker so long as any and all such subsidiaries agree to abide by all terms and conditions of this Agreement . 14 . Employer , Stop Loss Carrier and Broker shall comply with all applicable federal , state or local laws , rules , or regulations or any other order of any authorized court, agency , or regulatory commission , and all applicable professional standards and practices , concerning the handling and/or safekeeping of information and/or other records of the nature disclosed by Administrator hereunder and shall use such information only for proper and lawful purposes . 15 . Employer, Stop Loss Carrier and Broker shall comply with all state and federal laws regulating the disclosure of patient records or private and medically sensitive information - D4 -