Medicare Secondary Payor Rules Clause Samples

Medicare Secondary Payor Rules. Except as set forth in Section 3.32 of the Disclosure Statement, or as would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect on BCBS: without in any way limiting the generality of other representations and warranties made herein by BCBSKS, (i) all actions taken or failed to have been taken by BCBS or its agents in connection with the insuring or administration of healthcare plans maintained for BCBS's employer clients or other clients have been taken or omitted in compliance in all material respects with the so-called "Medicare Secondary Payor Rules" and all applicable federal laws, as supplemented by the regulations of the Department of Health and Human Services concerning Medicare Secondary Payer liability ("Secondary Payor Rules"); and (ii) no healthcare plan administered or insured by BCBS has any liability (including but not limited to any liability under the Code, ERISA, the Social Security Act and Age Discrimination in Employment Act) to the United States of America or to any other Person with respect to the Secondary Payor Rules. Except as would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect on BCBS, neither BCBS nor, to the knowledge of BCBSKS, its agents have incurred any liability with respect to acts taken or omitted prior to Closing under existing or prior contracts with its employer clients or other clients for any excise tax liability under Section 5000 of the Code.