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SUCH LEGAL ACTIONS SHALL NOT INCLUDE OHS AND SHALL INCLUDE ONLY THE PROVIDER SUBJECT TO THE ALLEGATION. BY ENROLLING IN THIS PLAN, MEMBERS WAIVE THEIR RIGHT TO BRING ANY LEGAL ACTION AGAINST OHS, OR TO JOIN OHS AS A PARTY IN ANY LEGAL ACTION, REGARDING SUCH DISPUTES. INDEPENDENT CONTRACTOR RELATIONSHIP ALTHOUGH OHS IS SUBJECT TO THE REQUIREMENTS OF THE KNOX-KEENE HEALTH CARE SERVICE PLAN ACT REGARDING, AMONG OTHER THINGS, ITS MONITORING OF THE QUALITY OF CARE RENDERED BY PARTICIPATING PROVIDERS, THE RELATIONSHIP BETWEEN OHS AND PARTICIPATING PROVIDERS IS THAT OF AN INDEPENDENT CONTRACTOR RELATIONSHIP. EXCEPT FOR CERTAIN COUNSELORS PROVIDING CHILDCARE, ELDERCARE AND FINANCIAL COUNSELING WHO ARE EMPLOYED BY OHS, PARTICIPATING PROVIDERS ARE NOT AGENTS OR EMPLOYEES OF OHS, NOR IS OHS AND ITS EMPLOYEES AND AGENTS AN EMPLOYEE OR AGENT OF ANY PARTICIPATING PROVIDER. OHS AND PARTICIPATING PROVIDERS ARE NOT AUTHORIZED TO REPRESENT THE OTHER FOR ANY PURPOSES, NOR ARE THEY NOR ANY OF THEIR RESPECTIVE OFFICERS, AGENTS OR EMPLOYEES TO BE CONSTRUED TO BE THE OFFICER, AGENT OR EMPLOYEE OF THE OTHER. PARTICIPATING PROVIDERS MAINTAIN THE PROVIDER-PATIENT RELATIONSHIP WITH MEMBERS AND ARE SOLELY RESPONSIBLE TO MEMBERS FOR ALL OF THE SERVICES THEY PROVIDE TO MEMBERS. IN NO EVENT SHALL OHS BE LIABLE FOR THE NEGLIGENCE, WRONGFUL ACTS OR OMISSIONS OF PARTICIPATING PROVIDERS. EMPLOYER IS NOT THE AGENT OR REPRESENTATIVE OF OHS NOR IS OHS LIABLE FOR ANY ACTS OR OMISSIONS OF EMPLOYER, ITS AGENTS OR EMPLOYEES. OHS AND EMPLOYER ARE INDEPENDENT CONTRACTORS IN RELATION TO ONE ANOTHER AND NO JOINT VENTURE, PARTNERSHIP, EMPLOYMENT, AGENCY OR OTHER RELATIONSHIP IS CREATED BY THE AGREEMENT. NEITHER OHS NOR EMPLOYER ARE LIABLE FOR ANY ACT, NEGLIGENCE OR OMISSION OF THE OTHER, NOR EACH OTHER'S AGENTS OR EMPLOYEES. NEITHER OHS NOR EMPLOYER IS AUTHORIZED TO REPRESENT THE OTHER FOR ANY PURPOSES. NONE OF THE PARTIES TO THE AGREEMENT NOR ANY OF THEIR RESPECTIVE OFFICERS, AGENTS OR EMPLOYEES SHALL BE CONSTRUED TO BE THE OFFICER, AGENT OR EMPLOYEE OF ANY OTHER PARTY. PUBLIC POLICY OHS permits Members to participate in establishing its public policy through its Public Policy committee, the findings and recommendations of which are regularly reported to OHS' governing Board of Directors. A minimum of 51% of the seats on the Committee are dedicated to enrollees of OHS (which can include enrollees enrolled in other plans with OHS). For the purposes of this paragraph, "public policy" means acts performed by OHS and its employees to assure the comfort, dignity and convenience of Members who rely on Participating Providers to provide Covered Services. RIGHT TO RECEIVE AND RELEASE INFORMATION - 15 - '"".'-".'-"'-r-."" ,,,.', ..'"