PSA - ONB Benefits Administration dba J.W.F. Specialty Company

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Amendment Regarding Release of Claims and Indemnification for Mandatory Medicare Reporting Purposes Under Section 111 Under Section 14 Amendment; Waiver of the J WF Specialty Company Services Agreement, that agreement can be amended in writing by signature of the parties. By statute, Medicare has imposed mandatory reporting requirements on the Client as further delineated below. The Administrator has agreed to provide additional services to assist the Client in meeting its reporting responsibilities. This Amendment further delineates the responsibilities of the parties. Under the Medicare, Medicaid & SCHIP Extension Act of 2007, Section I I I (MMSEA Section 111, 42 U.S.C. 1395y(b)(8)), certain payments to Medicare beneficiaries must be reported to Medicare. The reportable payments include worker's compensation payments and settlements of personal injury lawsuits. Under Section 1 11, a self -insured employer or an entity that is self -insured for liability claims is designated as the Responsible Reporting Entity ("RRE") for worker's compensation payments and settlement or judgment payments. The RRE is required to identify Medicare beneficiaries and then, through a data exchange program with Medicare, report awards, settlements, and the employer's ongoing responsibility to provide medical care. The RRE may designate an agent to assist it in meeting its legal responsibilities. Medicare's rules state that the RRE remains legally responsible for proper reporting in every case, and the agent cannot assume this responsibility. See, Medicare Secondary Payor Reporting Requirements Users Guide, Version 2.0, July 31, 2009, Sections 7.1 and 7.2. The Administrator has developed a reporting module to meet the Client's requirements for communicating the necessary information to Medicare's Centers for Medicare & Medicaid Services ("CMS"). The Administrator will faithfully report such required information as is