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2.2 Provider Requirements. (a) Credentials. EDH will require each Provider, including physicians and healthcare facilities, to cooperate with EDH's credentialing program. Such credentialing program may require such Providers to meet National Committee for Quality Assurance credentialing standards or Joint Commission on Hospital Accreditation credentialing standards.. EDH may also require Providers to comply with additional credentialing practices and programs, and EDH may require Providers to provide EDH with documentation supporting such credentialing: (b) Information Regarding Providers. EDH will request that Providers provide EDH with accurate and complete information such that EDH can effectively inform Sponsor and Participants about the availability, quality, and efficacy of the medical services offered by each Provider through the EDH member website. Providers shall be solely responsible for the accuracy and completeness of such information. 2.3 Utilization and Quality Assurance. (a) Utilization Stroteay. EDH will use commercially reasonable efforts to assist Sponsor with the performance of Sponsor's obligation to for and deliver a written utilization strategy relating .to the Network and Network Services, as further described in Exhibit A attached to this Agreement. (b) Notices to Participants. At a minimum, EDH will provide a written notice approved by Sponsor to all Participants advising them of the identity of, and relationship among EDH, the Participant, and Sponsor. (c) Participant Reports. Following appropriate HIPAA standards for the transfer of information relating to any Participant, EDH will periodically provide Sponsor with reports summarizing: (a) utilization of the Network and Network Services by Participants and (b) the medical outcomes of Participants utilizing the Network and Network Services for an Episode of Care. Upon reasonable written request, EDH will provide Sponsor access to pertinent documents maintained by EDH and required in connection with such reports, subject to the confidentiality requirements contained in Article 6 of this Agreement. 2.4 Parties Are Not Providers. The Parties acknowledge and agree that neither Party will provide medical advice, render any medical judgment, or make any medical recommendation (as to any Provider or medical treatment) to any Participant or to any other person or entity. The Parties further acknowledge and agree that Providers shall be solely responsible for (a) all matters relating to medical treatment and/or procedures of Participants and (b) all advisement, evaluation, recommendation, or other similar responsibility or obligation relating to medical treatments and/or procedures of Participants. 2.S Participant Clearance to Travel. From time to time, a Participant may be required to travel by automobile or airplane to a Provider for an Episode of Care. The Parties acknowledge and agree that it shall be the sole responsibility of Participant to obtain advice from the Provider or the Participant's Treating Physician whether, in such physician's independent medical opinion, Participant is fit to travel to Provider's location. Utilizing appropriate HIPAA standards regarding the release of medical records, EDH will assist a Participant, or the Participant's representative, with the collection and transfer of medical records and other documentation among the Participant, Treating Physician, and Provider. 2.6 Limited Role of EDH. The Parties acknowledge and agree that EDH's role is strictly limited to offering the Network and providing the Network Services. The Parties further.acknowledge and agree that EDH is not a fiduciary of Sponsor or the Plan,.and EDH shall not be deemed to have any discretionary authority or control regarding management of Sponsor or management or interpretation of the Plan. The Parties further acknowledge and agree that EDH does not assume, insure, guaranty, or underwrite the liability, responsibility, or performance of any other party. The Parties further acknowledge and agree that EDH shall have no responsibility for collecting premiums or contributions for insurance coverage or for establishing a premium fiduciary account. -3- 54