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<br />© 2019 Hitesman & Wold, P.A. MEDSURETY, LLC <br />Cafeteria Plan 1-888-816-4234, www.medsurety.com <br />Basic Plan Document <br />31 <br />9.6 Nondiscrimination. To the extent the Group Medical Coverage is subject to Section 105(h) of <br />the Code or, directly or indirectly, Section 2716 of the Public Health Services Act, it shall not <br />discriminate in favor of Highly Compensated Individuals with respect to eligibility to participate or <br />benefits. If the Plan Administrator determines that the Group Medical Coverage is or may be <br />discriminatory, the Plan Administrator may take action permitted by law to avoid su ch a result as <br />described in Section 6.16. <br />9.7 Medical Child Support Orders. Notwithstanding any provision of this Plan to the contrary, the <br />Plan shall recognize medical child support orders regarding the Group Medical Coverage to the <br />extent required by applicable law. <br />9.8 Continuation of Coverage. Continued coverage under the Group Medical Coverage shall be <br />provided if it is required under, and in accordance with, the Consolidated Omnibus Budget <br />Reconciliation Act of 1985 (“COBRA”), as amended. The Plan Admini strator may, within the <br />parameters of the law, establish uniform policies by which to provide such continuation coverage <br />required by COBRA, which shall be incorporated herein by reference. There shall also be <br />compliance with applicable state laws concerning continuation of health insurance coverage to <br />the extent not preempted by federal law. <br />9.9 HIPAA. The Group Medical Coverage shall comply with the Privacy Rules and Security Rules <br />under HIPAA (if applicable) as further provided in the Insurance Contract and/or the HIPAA <br />policies established by the “covered entity” (as that term is defined in HIPAA). In addition, the <br />Group Medical Coverage shall comply with the portability requirements under HIPAA.