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Reinsurer may, subject to its continued adherence to its obligations of confidentiality as defined in this Agreement, retain one copy of documents containing Confidential Information to defend its work product and to comply with applicable insurance record- keeping laws and regulations . 10 . In the event that Consultant and/or Reinsurer perform any of the services on Administrator' s premises, Consultant and/or Reinsurer agree not to remove from Administrator' s premises any Confidential Information that is provided to or obtained by the Consultant and/or Reinsurer on such premises, without the prior written consent of Administrator. 11 . In any report or transmittal to Employer by Consultant and/or Reinsurer 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, Consultant, and Reinsurer 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. Consultant and Reinsurer 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 Consultant and/or Reinsurer 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 Consultant and Reinsurer may release information provided pursuant to this Agreement to subsidiaries of Consultant and Reinsurer so long as any and all such subsidiaries agree to abide by all terms and conditions of this Agreement. 14 . Employer, Consultant and Reinsurer 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 ASA Conf . doc 8 -26-04 revised 1 -7 -2005 dhb 4