(1) Any termination or other modifications of the
program, including, but not limited to, a change in rates,
benefits options or structure of the provision of health care
benefits, shall not give rise to any contractual rights or
claims by any eligible individuals or any other person
claiming an interest, either directly or indirectly, in the
program. No provisions of this chapter, nor any rule or
regulation adopted under this chapter, shall create in any
person a contractual right in that provision.
(2) The provisions of this chapter are severable and if
any of its provisions shall be held to be unconstitutional,
the decision of the court shall not affect or impair any of
the remaining provisions. It is hereby declared to be the
legislative intent that this chapter would have been adopted
had the unconstitutional provisions not been included.
(3) This subsection shall not apply to policies designed
primarily to provide coverage payable on a per diem, fixed
indemnity or nonexpense incurred basis, or policies that
provide accident only coverage, where payment for such policy
is made solely by the school employee.
(b) Hold harmless.--
(1) Neither the Commonwealth nor the board, including
their respective officers, directors and employees, shall be
liable for any claims, demands, actions or liability of any
nature, including, but not limited to, attorney fees and
court costs, based upon or arising out of the operations of
the program, whether incurred directly or indirectly.
(2) The eligible individuals who enroll and participate
in the program shall be deemed to agree, on behalf of
themselves and their heirs, successors and assigns, to hold
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