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A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK of overpayments. When this occurs, the Host Blue may bill the lesser of the full amount of the third -party fees or up to 16 percent of the savings identified, unless an alternative reimbursement arrangement is agreed upon by BCBSF and the Host Blue, and these fees may be charged to Employer. E. Inter -Plan Programs: Federal/State Taxes/Surcharges/Fees In some instances, federal or state laws or regulations may impose a surcharge, tax or other fee that applies to self-funded accounts. If applicable, BCBSF and/or its Designated Agent will disclose any such surcharge, tax or other fee to Employer, which will be Employer's liability. F. Nonparticipating providers Outside BCBSF's Designated Agent's Service Area (i.e., South Carolina) Member Liability Calculation a. In General When covered healthcare services are provided outside of BCBSF's Designated Agent's service area (i.e., South Carolina) by nonparticipating providers, the amount(s) a Member pays for such services will be based on either the Host Blue's nonparticipating healthcare provider local payment or the pricing arrangements required by applicable state law. In these situations, the Member may be responsible for the difference between the amount that the nonparticipating provider bills and the payment BCBSF and/or its Designated Agent will make for the covered services as set forth in this paragraph. Payments for out -of -network emergency services will be governed by applicable federal and state law. b. Exceptions In some exception cases, at Employer's direction, BCBSF and/or its Designated Agent may pay claims from nonparticipating healthcare providers outside of BCBSF's Designated Agent's service area (i.e., South Carolina) based on the provider's billed charge. This may occur in situations where a Member did not have reasonable access to a participating provider, as determined by BCBSF and/or its Designated Agent in BCBSF's and/or its Designated Agent's sole and absolute discretion, or by applicable state law. In other exception cases, at Employer's direction, BCBSF and/or its Designated Agent may pay such claims based on the payment BCBSF and/ or its Designated Agent would make if BCBSF and/or its Designated Agent were paying a nonparticipating provider inside BCBSF's Designated Agent's service area (i.e., South Carolina), as described elsewhere in this Agreement. This may occur where the Host Blue's corresponding payment would be more than BCBSF's Designated Agent's in-service area nonparticipating provider payment. BCBSF and/or its Designated Agent may choose to negotiate a payment with such a provider on an exception basis. 15