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As of December 31, 2020, Mulberry (now “Oscar” as of January 4, 2021) was a common parent
of an “affiliated group” as that term is defined in Section 1504 of the Internal Revenue Code of
1986, as amended; the Mulberry subsidiaries listed on the organizational chart found in Form B
(with the exception of Oscar Insurance Corporation of Ohio) are includible corporations of said
affiliated group, and accordingly file a Consolidated U.S. federal income tax return pursuant to
Section 1501 of the Code. A method for allocation of the consolidated federal tax liability and,
where applicable, any unitary state income tax liability of the affiliated group, among its members,
for reimbursing Mulberry for payment of such tax liability, for compensating any party for use of
its losses or tax credits, and to provide for the allocation and payment of any refund arising from
a carryback of losses or tax credits from subsequent years, have been memorialized in a Tax
Allocation Agreement among the affiliated group members. The Tax Allocation Agreement was
approved by the Department of Banking and Insurance upon receipt of the letter of non-
disapproval dated September 15, 2015. An Amended & Restated Tax Allocation Agreement was
approved by the Department of Banking and Insurance, and executed with an effective date of
January 1, 2019, upon receipt of the letter of non-disapproval dated October 26, 2020.
Effective October 1, 2017, Oscar NJ entered into an administrative services agreement with
Mulberry Management Corporation (“MMC”), now doing business as Oscar Management
Corporation, whereby MMC provides services related to: administrative support, financial
services, legal affairs, property management, accounting and records, accounts payable,
engineering, payroll, human resources, equipment, software and intellectual property, facilities
and associated services, overhead, and other financial responsibilities and functions mutually
agreed upon by both parties.
Effective October 9, 2017, MMC and Mulberry entered into a Business Associate Agreement with
Oscar NJ in order to comply with the federal Standards for Privacy of Individually Identifiable
Health Information, located at 45 C.F.R. parts 160 and 164 (“HIPAA” or the “Privacy Rule”) and
security standards located at 45 C.F.R. parts 160, 162, and 164, subpart C (the “Security Rule”)
pursuant to the Health Insurance Portability and Accountability Act (“HIPAA”), the Health
Information Technology for Economic and Clinical Health Act (“HITECH Act”), and any other
applicable state and federal confidentiality laws, as they may be amended from time to time.
POLICY ON CONFLICT OF INTEREST
On an annual basis, the officers and directors of Oscar NJ attest to an affirmation of ethical
standards and a disclosure of possible activities which could construe as a possible conflict of
interest.
The examination team reviewed all officers and directors executed Conflict of Interest statements
for the period under examination, and noted that there were no signed Conflict of Interest
statements for the following Officers and Directors for the year ending December 31, 2020: