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information (eg. employment status or a change in coverage). It is the Employer's <br />responsibility to ensure any retroactive member termination forwarded to BCBSF is in <br />compliance with federal law, specifically, that such termination was due to either a member's: <br />(i) fraudulent act, practice or omission; (ii) intentional misrepresentation of material fact, or <br />(iii) failure to timely pay required premiums or contributions towards the cost of coverage. <br />The Employer is solely responsible for providing to the member any notice related to <br />retroactive terminations or rescissions that are required by law. In the event of retroactive <br />termination of members, BCBSF shall not be responsible for denials of claims under <br />Employer's Stop Loss Insurance. If Stop -Loss Insurance is not provided by BCBSF or a <br />BCBSF affiliate, Employer will provide BCBSF with a copy of the Stop -Loss Insurance policy. <br />Employer will notify BCBSF as soon as possible of any change related to Stop -Loss Insurance. <br />Employer is responsible for all eligibility determinations related to Stop Loss Insurance. <br />Employer shall provide information necessary for BCBSF to process claims and provide all <br />information to the Stop -Loss carrier in order for the Stop -Loss carrier to make a determination <br />on the claims submitted. <br />K. Confidential and Trade Secret Information. <br />BCBSF maintains proprietary and confidential information and competitively sensitive trade <br />secret information, which information may be disclosed to Employer for the purposes of <br />analyzing such information in conjunction with the services performed under the Agreement. <br />Employer agrees to hold such confidential and/or trade secret information in confidence and <br />only disclose such information to employees of Employer who have a need to know such <br />information; provided however that such employees of Employer agree to maintain the <br />confidentiality of the confidential and/or trade secret information and take all steps necessary <br />to safeguard the confidential and/or trade secret information against unauthorized access, use, <br />and disclosure to at least the extent Employer maintains the confidentiality of its most <br />proprietary and confidential information. <br />Except as required by law, Employer shall not disclose such confidential and/or trade secret <br />information to any third party without the express written permission of BCBSF. If BCBSF, <br />in its sole discretion, approves release of confidential and/or trade secret information to a third <br />party, the third party and Employer will be required to execute a Confidentiality & Indemnity <br />Agreement, in a form specified by BCBSF, prior to the release of the confidential information <br />and/or trade secret information to the third party. Comingling means the combination of data <br />sets from multiple sources, including but not limited to the combination of Inter -Plan Data and <br />or Association data with non-InterPlan Data and/or non -Association data. Employer may not <br />Comingle Inter -Plan Data to the extent otherwise permitted in this Agreement, provided that, <br />to the extent Employer comingles the Inter -Plan Data with data from other Licensees or non - <br />Licensee group accounts or individual members, the data must be de -coupled and returned or <br />destroyed upon termination of this Agreement. <br />Blinding means the process of removing or masking data in a manner that it cannot be re- <br />populated by the recipient. Although Employer may Blind Blue Information and/or Inter -Plan <br />Data and/or prepare reports containing Blue Information and/or Inter -Plan Data, Employer <br />may not alter Blue Information or Inter -Plan Data in any manner. Employer may not Comingle <br />Inter -Plan Data to the extent otherwise permitted in this Agreement, provided that, to the extent <br />Employer Comingles the Inter -Plan Data with data from other Licensees or non -Licensee <br />group accounts or individual members, the data must be de -coupled and returned or destroyed <br />upon termination of this Agreement. Inter -Plan Data is information that relates to another <br />4 <br />