unconstitutional provisions not been included.
(3) This subsection may 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 the 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 claims, demands, actions or liability, including
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
harmless the Commonwealth and the board, including their
respective officers, directors and employees, from claims,
demands, actions or liability, whether directly or
indirectly, including attorney fees and court costs, based
upon or arising out of the operation of the program.
(c) No recourse.--Under no circumstances shall the assets of
the Commonwealth be liable for or the Commonwealth's assets be
used to pay claims, demands, actions or liability, whether
directly or indirectly, including attorney fees and court costs,
based upon or arising out of the operation of the program.
(d) Reservation of immunities.--Nothing contained in this
chapter shall be construed as a waiver of the Commonwealth's or
board's immunities, defenses, rights or actions arising out of
their sovereign status or from the Eleventh Amendment to the
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