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with the law from advocating on behalf of a Participant with FCHN or a Payor. Nothing in this Agreement shall be construed to authorize Provider to bind FCHN or its Payors to pay for any services. FCHN may not and FCHN shall require all Payors contracting with it to not preclude or discourage Participants or those paying for their coverage from discussing the comparative merits of different health carriers with their Providers. This prohibition specifically includes prohibiting or limiting Providers participating in those discussions even if critical of FCHN or its Payors. 3.7 Provider's Right to Report to Federal or State Authorities FCHN shall not and FCHN shall require all Payors contracting with it to not penalize a Participating Provider because the Provider, in good faith, reports to State or Federal authorities any act or practice by FCHN or its Payors that jeopardizes patient health or welfare, or that may violate State or Federal law. 3.8 Participants' Contracting for Services Outside of Benefit Plan Notwithstanding any other provision of law, FCHN may not prohibit directly or indirectly Participants from freely contracting at any time to obtain any health care services outside FCHN on any terms or conditions the Participants choose. Nothing in this provision shall be construed to bind FCHN Payors to pay for any services delivered outside of a Participant's Benefit Plan. FCHN expressly disclaims any and all responsibility on the part of FCHN and Payors for (i) the delivery of health care services pursuant to any contract to which FCHN or the Payor respectively is not a party or which are outside the terms of any Benefit Plan, and (ii) the payment of charges for such services. Provider agrees to look only to the Participant for payment of charges for such services. 3.9 ID Cards FCHN shall require its Payors to provide each Participant with a Benefit Plan membership identification card displaying the First Choice Health logo, the Participant's name and identifier, group name and/or number, telephone number to confirm eligibility and benefit verification, any applicable Co -payment due at time of service, and utilization management vendor name and telephone number to confirm necessary pre -authorization for services. Provider is obligated to accept any individual as a Participant: a) when the First Choice Health logo appears on the individual's membership identification card, b) where the Payor is identified as accessing the FCHN PPO Network on the FCHN website or Payor listing, and/or c) in cases where the Participant of a FCHN Payor has an Emergency Medical Condition and/or requires Urgent Services and is traveling or out -of -area and does not have a FCHN logo. 3.10 List of Payors FCHN shall provide Provider with access to a list of Payors, including employer groups, at the time of entering into this Agreement. This list shall be maintained and posted on the FCHN web site. 3.11 Explanation of Payment/Remittance Advice FCHN shallrequire Payors to produce an Explanation of Payment (EOP) or Remittance Advice (RA) during the claim adjudication process which must, at a minimum, identify: FCHN, total billed charges, allowed amount in accordance with FCHN fee schedules, the amount the Payor is responsible to pay, the amount the Participant is responsible to pay, and an explanation for non-payment of a particular code or service. Provider may refuse to give the Payor the benefit of FCHN's fee schedule if the EOP/RA does not display minimum data elements and the FCHN names and/or logo. 4. CLAIMS SUBMISSION AND PAYMENT 4.1 Claims Submission FCHN-PRO-042016