Loading...
HomeMy WebLinkAboutHumana Plan Management Agreement 'r' A ASOCOJ02 T ABLE OF CONTENTS PLAN DESCRIPTION INFORMATION ..... ............. ................. ......................... ................. ............ ................ 1 SCHED ULE OF BENEFITS..............................,............................................................................................... 3 PRECER TIFI CA TI ON...................................;~............................................................................................... 3 COVERED AND NON-COVERED EXPENSES..... ...... ................... ........ ......... .......... ....... .................. .......5 UTILIZATION ICASE MANAGEMENT. ....... .:.. ......... ...... ................. ................... ...... ......................... ......... 10 PRECER TIFICA TION .. ......... ......... ...... ....... ............... ..................... ................... ........ ........... ................ ....... 10 SECOND SURGICAL OPINION ............... .... ............. ......... ........ ........................... :............ .......... ............. 10 PREDETERMINATION OF MEDICAL BENEFITS.....,......................................,...................................11 MEDICAL DEDUCTIBLE AND COINSURANCE INFORMATION .......................................................12 MED I CAL COVERED EXPENSES ........ .... ......... ..................... ................. ................... ..................... ............ 13 INPATIENT HOSPITAL ........ ............. ...... .....,... ...... ....... ........ ....... .......... ................... .... .... ............. ............ 13 OUTPATIENT HOSPiTAL.... ............. ............. ............. ........ ......... ........................... ........ ............. .............. 13 FREE-STAND IN G SURGICAL FACiLITy:............. ...... ................. ......... ............ ................... ............ ...... 13 URGENT CARE CENTER ........... ............. ....:........... ........ ......... ,..... ......... .......... .........,............. .......... ........13 QUALIFIED PRACTITIONER..................... .:..................................;........................................................... 14 RO UTINE CARE........................................... .:.............................................................................................. 15 SUPPLEMENTAL ACCIDENT RIDER.... ...... ................................ ...... ........... ........ .... ......................... ..... 15 CHIROPRACTIC CARE ... .... ......... .... ......... .... ............... ......................... ........... ........ ........................... ....... 15 AMBULANCE SERViCE..... ..... ................... .'. ............... ............... ................... ........ ....................... ............. 16 PREGNANCY BENEFITS.. ....... .... ............... ',' ....... .... ....... ........ ................... ........ ............. .......... .......... .... ... 16 NEWBORN BENEFITS.... ..... ...... ....... ...... ....L ........ ............. ................... ........ ........... .... ........ ..................... 16 B IR THING CENTERS .... ....... ........... ...... ............. ......... ...... ............... ..................... ...... ............................... 16 SKILLED NURSING FACILITY... ............. ..'............. .... ........... ......................... .......... ........... ...... ...... ........ 17 HOME HEALTH CARE................ ........ ....... ..'.. ......... ............. ........ ................... .......... ........... ............ .......... 18 HOSPICE CARE .. ............. ........... ............... ....'............... ......... ...... ........... ................................. .... .......... ...... 19 ORGAN TRANSPLANT BENEFIT ........ ......'......... ...... ..... ........ ......... .... ...... ........ ........... .......... ..................20 MENTAL DISORDER, CHEMICAL DEPE:N"DENCE OR ALCOHOLISM BENEFIT ........................23 OTHER COVERED EXPENSES.................. ,......... ..................................................................................... 24 LIMITATIONS AND EXCLUSIONS .......... ....~........ ................. ................... ...... ............. ........ .............. ......... 26 ELIGIBILITY AND EFFECTIVE DATE OF COVERAGE......................................................................... 32 OPEN ENROLLMENT................................................................................................................................. 32 EMPLOYEE ELIGIBILITY... ......... ...... ..... ...1.... ............. ......... ...... ..................... ............ ......... .............. ......32 EMPLOYEE EFFECTIVE DATE OF COVERAGE.................................................................................. 32 EMPLOYEE DELAYED EFFECTIVE DATE ............................................................................................ 32 DEPENDENT ELI G IB ILITY ........................;.............................................................................................. 33 DEPDENDENT EFFECTIVE DATE OF COVERAGE ......................................................................,......33 MEDICAL CHILD SUPPORT ORDERS ............. ................. ......................... ......... ...... ........ ...... ............... 34 PRE-EXISTING COND ITION LIMITATION ..... ............. ................... ........ ......... ...... .... ........................... 34 SPECIAL PROVISIONS FOR NOT BEING IN ACTIVE STATUS ........................................................ 35 REINSTATEMENT OF COVERAGE FOLLOWING INACTIVE STATUS .........................................36 FAMILY AND MEDICAL LEAVE ACT (FMLA).................................................................................... 36 RETIREE COVERAGE.................................,.................................................................................... .......... 36 SPECIAL ENROLLMENT............................ ,.............................................................................................. 37 1.7 Plan Administrator (or Administrator) means the person named in the documents describing the Plan as responsible for the operation and administration of the Plan. If no such person is identified., then the person establishing or maintaining the Plan will be deemed to be the Plan Administrator. 1.8 Plan Manager means Humana Insurance Company and HumanaDental Insurance Company, individually and collectively, acting in accordance with this Agreement. 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 ARTICLE II Relationship Between the Parties In performing its obligations under this Agreement, the Plan Manager operates within a framework of Plan management policies and practices authorized or established by the Plan Administrator, in accordance with the provisions of the Plan. In this context, the Plan Manager's normal operating procedures, practices and rules will be followed unless they are inconsistent with these Plan management policies or practices. The Plan Manager does not have discretionary authority or responsibility in the administration ofthe Plan. The Plan Manager will not exercise discretionary authority or control respecting the disposition or management of assets of the Plan. The Plan Administrator and not the Plan Manager is ultimately responsible for interpreting the provisions of the Plan and determining'questions of eligibility for Plan participation. Accordingly, the Plan Manager is not ~ trustee, sponsor, or fiduciary with respect to directing the operation of the Plan or managing any assets of the Plan. The Plan Manager may act as an agent of the Client authorized to perform specific actions or conduct specified transactions only as provided in this Agreement. Plan benefits shall be funded exclusively through the Plan. The Plan Manager is not responsible or accountable for providing funds to pay plan benefits under any circumstances. The Plan Manager is not responsible :for maintaining the Plan in compliance witJ ERISA or any applicable laws and regulations governing or affecting the Plan. . However, the Client and the Plan Manager may agree that the Plan Manager will serve in the limited capacity of Plan fiduciary for fmal determination of claims if and only as provided in section 7.7 of this Agreement. Non-ERISNHIC, HOlC Fiduciary 2 ARTICLE III General Duties of Client 3.1 The Client will identify and describe the Plan as to type (e.g. single employer) on Exhibit "A" of this Agreement. The Client warrants that the Plan is not a "multiple employer welfare arrangement", as defmed in the Federal Employee Retirement Security Act of 1974, as amended ("ERISA"). 3.2 The Client assures that sufficient funds will be available on a timely basis to honor all claims reimbursements under the Plan. Suffici~nt funds for making claims payments must be made available, in accordance with this Agreement, to enable services under this Agreement to continue without interruption. 3.3 The Client promises that all methods employed to fund the Plan shall comply with all applicable laws or regulations. 3.4 The Client agrees to furnish each Participant written notification of the source of funding for Plan benefits. . 3.5 The Client promises that current copies ofthe documents describing the Plan will be provided to the Plan Manager along with other appropriate materials governing the administration ofthe Plan. These documents and materials may include employee booklets, summary descriptions, employee communications significantly affecting the Plan, and any amendments or revisions. 3.6 The Client promises that timely written notice will be provided to the Plan Manager of Plan management policies and practices, interpretations of the benefit provisions of the Plan, and changes in the Plan provisions. 3.7 The Client shall provide accurate information to the Plan Manager as to the number and names of persons covered by the Plan and any other information necessary to enable the Plan Manager to provide the services required by this Agreement. This information shall be kept current on at least a monthly basis. 3.8 The Client is responsible for selecting legal and/or tax counsel to provide advice to the Client about the law and the Plan. The Client acknowledges that the Plan Manager cannot provide professional tax or legal services to the Client. ' 3.9 The Client is responsible for compliance with all applicable provisions oflaw addressing the Client's duties respecting the Plan. This includes compliance with all legal reporting and disclosure requirements, adoption and approval of all required documents respecting the Plan and compliance with state escheat and unclaimed or abandoned property laws. Even though the Plan Manager may be required to perform certain duties under this Agreement, such as preparing drafts of documents for approval and adoption, the Client agrees that the Plan Manager does not undertake the responsibility for legal compliance for any other person. 3.10 The Client must make full payment for services rendered under this Agreement when due. However, if full payment is not made when due, payment in full must be made by the end of a grace period of thirty (30) days to enable services under this Agreement to continue without interruption. The Plan Manager may provide written notice by regular U.S. mail to the Client requesting payment of the deficiency in full by the end of the thirty (30) day period. 3 Non-ERISA/HlC, HDIC Fiduciary 3.11 The Client shall not direct the Plan Mapager to act or refrain from acting in any way which would violate any applicable law or regulation. The Client shall not behave in any way which could implicate or involve the Plan Manager in a violation of these laws. 3.12 In the event that the general obligations of this Article III may be construed in such a manner so as to conflict with more specific provisions of this Agreement regarding a particular issue, the more specific and comprehensive provisions shall be given effect. ARTICLE IV General D:uties of Plan Manager 4.1 The Plan Manager shall process claims and make payments in accordance with the provisions of the Plan and related interpretations of the benefit provisions of the Plan which are made or approved by the Plan Administrator on a timely basis and confirmed in writing. 4.2 The Plan Manager shall be entitled to rely and act based upon documents, letters, electronic communications, or telephone commUIiications which are confirmed in writing and provided to it by the Client or Plan Administrator. Reliance will continue until the time the Client or the Plan Administrator notifies the Plan Manager in writing of any change or amendment to those communications. , 4.3 The Plan Manager shall provide claimants who have had a claim wholly or partially denied with a written explanation of the reason for the denial. The Plan Manager shall provide claimants with information about what steps may be taken if the claimant wishes to submit the denied claim for review. These obligations of the Plan Manager will be discharged in accordance with the provisions of the Plan or authorization by the PI~ Administrator. 4.4 The Plan Manager shall not be responsible for any delay or lack of performance of services under this Agreement attributable to the Client's failure to provide any information as required under this Agreement. 4.5 The Plan Manager will perform its duties under this agreement using the same degree of ordinary care, skill, prudence, and diligence that a reasonable provider of administrative services would use in similar circumstances. This includes making a good faith effort to correct any mistake or clerical error which may occur due to actions or inaction by the Plan Manager undertaken in good faith once the error or mistake is discovered. . 4.6 With respect to its obligations under this Agreement, the Plan Manager will maintain professional liability and errors and omissions insurance in amounts sufficient to protect against losses with respect to occurrences arising out of failure to properly perform its obligations under this Agreement. 4.7 In the event that the general obligations of this Article N maybe construed in such a manner so as to conflict with more specific provisions of this Agreement with respect to a particular issue, the more specific and comprehensive provisions shall be given effect. 4 Non-ERISNHIC, HOlC Fiduciary ARTICLE V Claims Administration 5.1 The Client hereby delegates to the Plan Manager authority to make determinations on behalf of the Client or Plan Administrator with respect to benefit payments under the Plan and to pay such benefits, as specified in this Article V. 5.2 The Plan Manager will accept claims for benefits under the Plan which are made in accordance with procedures established in the Plan documents and submitted for payment during the term of this Agreement. 5.3 The Plan Manager will process claims. in accordance with the provisions of the Plan which are in effect and which have been communicated to the Plan Manager by the Client at the time the services are provided. 5.4 Claims will be processed using the Plan Manager's normal claims processing procedures, practices and rules unless they are (a) inconsistent with Plan management policies or practices authorized or established by the Plan Administrator ill accordance with the provisions of the Plan, and (b) described to the Plan Manager in writing as being inconsistent. 5.5 The Plan Manager will promptly approve or deny claims submitted for payment in accordance with an initial determination by the Plan Manager or an appeal of a denied claim, except as provided in section 5.6. 5.6 However, if the Plan Administrator makes a determination to approve or deny a claim which is different than the determination made by the Plan Manager, the Plan Manager will promptly issue an approval or denial of the claim, provided the Plan Administrator's decision is fITst communicated to the Plan Manager in writing. 5.7 In the event a claim is wholly or partililly denied in accordance with section 5.5, above, the Plan Manager shall provide the Participant :With a written explanation of the reason for the denial, and information as to what steps may be taken if the Participant wishes to appeal the claim denial. However, if a claim is wholly or partially denied in accordance with section 5.6, above, the Plan Manager may decide that it will provide this explanation and information only as directed in special written instructions from the Plan Administrator which are acceptable to the Plan Manager. 5.8 Appeals of denied claims shall be processed in accordance with the applicable provisions of the Plan. The Client acknowledges that the Plan Manager shall have the ultimate responsibility and authority to make fmal determinations with respect to claims. 5.9 If adequate funds are not made available for the timely payment of claims, the Plan Manager may notify Participants and payees who may be affected if the Client or Plan Administrator does not notify Participants and payees within fourteen (14) business days after written request by the Plan Manager to do so. 5.10 With respect to claims for which provider discounts are available ("Provider Discounts"), the Client authorizes and directs the Plan Manager to process claims under this Agreement taking the Provider Discounts into account. 5 Non-ERISA/HIC, HDIC Fiduciary ARTICLE VI Reports and Records 6.1 The Plan Manager will provide standard reports to the Client or Plan Administrator only as mutually agreed upon by the Plan Manager and the Client. 6.2 The Plan Manager agrees to provide a report of each claim with respect to which the Shared Savings Program Provider Discounts described in Exhibit D-l are applied at reasonable intervals. 6.3 The Plan Manager will keep and maintain accounts and records pertaining to its activities under this Agreement which are required by law or by mutual agreement of the parties. 6.4 The Plan Manager prepares and makes available records required to assist the Client or the Plan Administrator regarding audits, legal action, or regulatory review and reporting, upon reasonable request by the Client. Requests for audits are governed by the Plan Manager's policy regarding Client audit requests. The Client agrees to reimburse the Plan Manager for its reasonable costs of these services and the preparation, duplication, and transmission of these records. A report by the Plan Manager's independent accountant on the controls over claims adjudication (known as a SAS 70 report) is provided at no cost upon request. 6.5 Claims records may be maintained in micro-photographic or electronic media format, in accordance with the Plan Manager's internal policies, rather than original hard copy. If the Client desires that original hard copy records be maintained, the Client must notify the Plan Manager in writing no later than 45 days after the effective date of this Agreement. The Plan Manager will then ship the original documents to a location specified by the Client, and the Client agrees to pay the cost for this service. ARTICLE VII Additional Administrative Services 7.1 Upon reasonable request by the Client or the Plan Administrator, the Plan Manager will provide standard language concerning Plan benefits to assist the Plan Administrator in the preparation of the summary description of the Plan. This service will be available at the commencement of this Agreement and when language changes are made necessary by changes in Plan design or governmental requirements. 7.2 The Plan Manager will retain a COBRA Service Provider to coordinate and provide certain administrative services regarding COBRA continuation coverage provided under the Plan only as specified in Exhibit "B". The Client or the Employer shall continue to have all liability for funding of COBRA coverage benefits under the ~lan. 7.3 The Plan Manager will assist the Client or the Plan Administrator in arranging to provide Utilization and/or Case Management services with respect to the Plan only as specified in Exhibit "C". 6 Non-ERISA/HIC, HDIC Fiduciary 7.4 The Plan Manager will provide the following miscellaneous administrative services, following its normal procedures: (a) Production of basic Participant identification cards. (b) Routine claims processing audit controls. 7.5 The Plan Manager will provide "Subrogation/Recovery" services (in addition to routine application of the coordination of benefits provisions of the Plan) for identifying and obtaining recovery of claims payments from all appropriate parties through operation of the subrogation or recovery provisions of the Plan. (a) Subrogation I Recovery services will be provided by the Plan Manager following its normal procedures, and such services may be performed by subcontractors selected by the Plan Manager (including local counsel). (b) Subrogation I Recovery services include the following activities: (I) Investigation of claims and obtaining additional information to determine if a person or entity may be the appropriate party for payment; (2) Presentation of appropriate claims and demands for payment to parties determined to be liable; . (3) Notification to Participants that recovery or subrogation rights will be exercise-Ai with respect to a claim; . (4) Filing and prosecution of legal proceedings against any appropriate party for determination of liability and collection of any payments for which such appropriate party may be liable; (5) Pursuit of appropriate 'post judgment remedies; and (6) Submittal of a quarterly report setting forth the status of the Plan Manager's Subrogation I Recovery efforts. (c) Subrogation I Recovery services will be provided for a period of two (2) years following termination ofthis Agreement, unless such termination results from a material default in the delivery of such subrogation services. Subrogation I Recovery services will be continued only in respect to claims processed under this Agreement. (d) The cost to the Client for providing services under this section 7.5 is presented within section F3.1 (a) of Exhibit "F", in accordance with Article IX. However, there will be no cost to the Client for recovery of claims payments made in error by the Plan Manager exclusive of any other cause. Also in this context, the Plan Manager may not be obligated to file and prosecute legal proceedings against persons for determination of liability and collection of any payments. 7 Non-ERlSA/HIC, HDIC Fiduciary , 7.6 The Plan Manager may retain or coordiriate with service providers, experts, or professional advisors to assist the Plan Manager in providing services under this Agreement. The Client shall reimburse the Plan Manager for these services if requested by or agreed to by the Client. , 7.7 The Plan Manager, within the scope of its professional ability and its duties under this Agreement, will serve in the limited capacity of Plan fiduciary for fmal determination of claims. 7.8 The Plan Manager may upon written request by the Client or the Employer provide assistance in submitting claims against stop loss coverage. Any proceeds of the stop loss coverage delivered to the Plan Manager will be handled as directed by the Client or the Employer. However, the Plan Manager shall have no liability for providing this assistance within a particular time period or for collecting the proceeds. 7.9 The Plan Manager will arrange access 'to one or more networks of health care providers which are presently available through an arrangetpent with the Plan Manager only as specified in Exhibit "D". 7.10 The Plan Manager will arrange access. for the Client to certain Shared Savings Program Provider Discounts established by the Plan Manager which may be available at the time services are rendered only as specified in Exhibit "D-I ". 7 .11 In the event the number of Participants in the Plan decreases by 1 0% in connection with changes such as: (1) Employee benefit programs or"flan design made by the Client, including changes required by applicable law or regulatory action; I (2) The Client's corporate structur~ or organization; or (3) The level of Plan participation attributable to employee choice The Plan Manager will continue processing Claims for the terminated employees, which are incurred prior to the date of such change as provided in Article V of this Agreement. Such claims will be processed as long as this Agreement is in force. The Client will be billed an additional administrative fee per employee as provided under this section 7.11. This section 7.11 will not apply in the event the Plan Administrator provides timely written notification to the Plan Manager directing that services described in this section are not required. 7.12 The Plan Manager will provide prescription drug benefit management services, including access to therapeutic value, drug interaction, and drug usage information at the point of sale, solely for the purpose of implementing applicable Plan provisions and assisting in decision making which results in the delivery of appropriate levels ofPlim benefits. 8 Non-ERISA/HIC, HDIC Fiduciary 7.13 The Plan Manager will provide certificates of prior coverage ("COPC") required to be issued by the Client under the federal Health Insurance Portability and Accountability Act of 1996 ("HIPAA") requirement. The Client allocates responsibility for generating forms certifying prior coverage and accompanying liability for noncompliance to the Plan Manager, to the extent of its obligations under this Agreement. (a) On a timely basis, the Plan Mmiager will issue a COPC form to persons whom the Client has identified as having had covera.ge under the Plan which has ended ("Recipients"). (b) The Plan Manager will issue a 'COPC to the Recipients' last known addresses. (c) The Client's administrative fees per month will be adjusted, based on the number of Participants in the Plan, for the services provided under this section 7.13. ARTICLE VIII I : Banking 8.1 The rights and obligations of the Client and the Plan Manager under this Article VIII shall be regulated through a "Banking Arrangefuent" substantially in the form presented in Exhibit "E". 8.2 The Client promises that sufficient funds will be available on a timely basis to honor all claims reimbursements under the Plan. Vpon notice from the Plan Manager that additional funds are required, the Client promises that adequate funds will be immediately provided to fund claims approved. 8.3 The Client agrees that funds provided to honor all claims reimbursements under the Plan will be United States money, which may be trab.smitted by wire transfer, bank draft, or other medium agreed to by the Plan Manager and the Client. ARTICLE IX Costs of Administrative Services 9.1 The Plan Manager shall be entitled to a fee for services provided under this Agreement described on Exhibit "F" to this Agreement. 9.2 If payments for administrative services provided under this Agreement are not made on a timely basis, a late charge of 1.25% per month (or the maximum amount allowed by applicable law, if less) multiplied by the amount of the deficiency shall be paid by the Client no later than by the end. of the next billing cycle. Payments made after the grace period allowed in the invoice or billing arrangement are not "timely". 9.3 The Client and the Plan Manager understand and agree that the fees for services under this Agreement may be renegotiated in the event that substantial changes to the Plan would significantly increase or decrease the obligations or costs of providing administrative services with respect to the Plan. 9 Non-ERISA/HIC, HDIC Fiduciary ARTICLE X Contract Period 10.1 The effective date of this Agreement is April 01, 2006 (the "Effective Date"). This Agreement shall continue for an initial period of one (1) year from the Effective Date, unless terminated earlier as provided in Article XI, below. 10.2 This Agreement shall automatically renew for successive additional one-year periods unless it is terminated as provided in Article XI. ARTICLE XI Termination 11.1 This Agreement may be terminated by'the Client or by the Plan Manager at the end of any contract period upon advance written notice of at least thirty (30) days. 11.2 The Plan Manager, in its discretion, may terminate this Agreement before the end of any contract period upon thirty (30) days written notice, if the Client fails to cure anyone or more of the following deficiencies before the end of the thirty (30) day notice period: (a) Failure to pay all or part of the fees payable under Article IX of this Agreement when due. (b) Failure to provide adequate funds to honor claims reimbursement payments on a timely basis. (c) Direction is given by the Client or Plan Administrator requiring the Plan Manager to suspend claims processing or payment for more than twenty (20) days; or 11.3 Either party may terminate this Agreement immediately upon written notice in the event of: (a) The bankruptcy, insolvency or liquidation of the other party; or (b) The commission by the other party of any material breach of this Agreement which is not cured, or any act of fraud, misconduct or bad faith in connection with the performance of its duties under this Agreement. However, a material breach of this Agreement may be cured within thirty (30) days after written notice from the other party. 11.4 The Plan Manager, in its discretion, may terminate this Agreement upon written notice in the event of repeated occurrences (two or more) of the conditions described in section 11.2 or two or more instances where services are interrupted in accordance with section 3.10. 11.5 All obligations of the Plan Manager under this Agreement will end on the effective date of termination of this Agreement, even though the clajm for benefits was incurred or submitted for payment prior to termination of this Agreement, unless a supplemental Agreement is entered into prior to the termination date. 10 Non-ERISNHIC, HDIC Fiduciary 11.6 In the event of the termination of this Agreement, the Plan Manager will provide the Client or the Plan Administrator with reasonable access to records or information concerning the Plan in its possession, upon written request. The Plan Manager will within a reasonable time honor requests for copies of records and information provided they are reasonable and the Client agrees to pay for the services. The Plan Manager shall have the right to' retain copies of such property and records as reasonably necessary or is otherwise required by law. 11.7 Upon termination of this Agreement, arty monetary obligation of the Client to the Plan Manager shall become immediately due and payable. 11.8 Termination under any section of this Article XI shall not cause either party to waive any rights it may have to exercise any remedies available to it under any other section of this Agreement or under any applicable law. ARTICLE XII Confidentiality 12.1 For purposes of this Article XII: (a) Covered Person means an individual with respect to whom benefits may be or become payable under the provisions o'fthe Plan. (b) Private Health Information mdms any of the following categories of information: (1) Patient Records includes, but is not limited to, all health records, physician and provider notes and bills and claims with respect to a Covered Person. , (2) Patient Information includes Patient Records and all written and oral health information received about a Covered Person. (3) Individually Identifiable Health Information means any other information, including demographic information, collected from an individual that: (A) Is created or \eceived by a health care provider, health plan, employer, or health care clearinghouse; and (B) Relates to the' past, present, or future payment for the provision of health care to an individual and identifies the individual, or with respect to which there is a reasonable basis to believe that the information can be used to identify the in~vidua1. 11 Non-ERISA/HIC, HDIC Fiduciary 12.2 The Client and the Plan Manager acknowledge and agree that in the course of performing their respective duties under this Agreement, they may acquire or obtain access to or knowledge of Private Health Information or other personal information regarding Covered Persons. This information is at all times the property of the Plan or the Client, depending upon its nature and source, and not the Plan Manager, even if it is received by the Plan Manager. Information ofthis nature that is received by the Plan Manager will be deemed to be information received on behalf of the Plan. However, information that is produced incidentally through application of the computer systems employed by the Plan Manager in the course of providing services under this Agreement will not be considered property of the Plan or the Client or any Covered Person, if it is not specific to the Plan or not material to Plan administration. 12.3 The Client and the Plan Manager wilI safeguard Private Health Information and other personal information to ensure that the information is not improperly disclosed. The Client, the Plan Administrator, and the Plan Manager or any person appointed by or under their control, respectively, will make sure that Plan functionaries and third party service providers having access to Private Health Information and other personal information are trained in privacy policies directed at safeguarding against improper disclosure, made familiar with the confidentiality obligations set forth in this Agreement, and abide by those requirements as minimum safeguards against improper disclosure. The Client and the Plan Manager acknow1edge with respect to Private Health Information, and other personal information that: (a) (b) (c) (d) (e) (t) Disclosure is improper if it is hot allowed by law or made for any purpose other than Plan administration or benefits deli,,:ery. Disclosure to Plan functionaries or health care providers may be proper, if the disclosure is allowed by law and made for Plan purposes. The Employer or Plan sponsor may legally have access, on an as-needed basis, through the Plan Administrator to limited health information for the purpose of determining Plan costs, contributions, Plan design, and whether Pl<m modifications are warranted. Federal regulators such as the Department of Health and Human Services and the Department of Labor may legally require access to Protected Health Information in order to investigate compliance with federal legal requirements concerning confidentiality of Private Health Information. The Plan Manager will not be responsible for determining the rights of Covered Persons to acquire access to or modify Private Health Information and other personal information concerning them (whether or not such information is at any time in the possession of the Plan Manager). In the event that the Plan Manager is directed by the Client or Plan Administrator to disclose Private Health Information or other personal information concerning them for purposes other than Plan operation or benefits delivery, the Plan Manager will not be responsible for providing an accounting to Covered Persons of such disclosure(s) (whether or not such information is at any time in the possession of the Plan Manager). The Plan Manager will notify the Plan Administrator of any disclosure of Private Health Information in its possession :or control that is not consistent with the provisions of this Agreement of which the Plan Manager becomes aware. Non-ERISA/HIC, HOlC Fiduciary 12 (g) The Client, the Plan Administrator, and the Plan Manager acknowledge and agree that improper disclosure of Private Health information or other personal information agreement will amount to a material breach of this Agreement. In the event of improper disclosure, the culpable party shall take reasonable steps to alleviate the effects of the improper disclosure; but ifthose efforts to cure are not successful, the improper disclosure will constitute grounds for immediate termination of this Agreement. 12.4 Accordingly, the Plan Manager will afford access to Private Health Information or other personal information received by it to the Plan Administrator or the Client, as permitted under this Agreement and by law. The Plan Manager will.afford access to this information to other persons only as reasonably directed in writing by th~ Plan Administrator or the Client, with due regard for confidentiality, and the Plan Manager shall have no further obligation with respect to that information. The Plan Manager is directed to afford access to Private Health Information and other personal information to the persons listed on Exhibit "G". 12.5 The Client represents and warrants that the Plan Administrator is and shall continue to be obligated to safeguard Private Health Information in accordance with the provisions of this Agreement as minimum standards. The Client furth,er represents and warrants that security controls, restrictive processes, and other appropriate safeguards have been put in place between the Employer and the Plan to protect Private Health Information from improper disclosure. 12.6 In connection with performing its obligations under this Agreement, it may become necessary for the Plan Manager to disclose to the Plan Administrator or the Client, their designees or third parties under contract with either of them ("Recipients", for purposes of this subsection) trade secret and/or proprietary information of the Plan Manager or its affiliates (referred to in this subsection collectively as "Humana"). The Client and the Plan Administrator agree to safeguard and ensure the confidentiality of such trade secret and/or proprietary i.J;lformation, which shall include information relating to (i) the business of Humana, its affiliates, their clients and representatives, (ii) third parties under contract with Humana, (iii) medical service provider arrangements or contracts, (iv) medical service provider network arrangements or contracts, and (v) documentation relating to the computer systems utilized by Humana. (a) Access to the trade secret and/6r proprietary information described above will be permitted for Recipients only; it may be used by Recipients only in a manner necessary to accomplish the purposes described above with respect to Private Health Information and other personal information; and it may not be disclosed to any third parties, including their employees that do not have a need to know, without authorization by Humana. Access to such records or information does not constitute atransfer of ownership, permission to appropriate, or license to use the same for any purpose not contemplated under this Agreement. (b) The Client understands and agrees that the Client (or its designee) must recognize and abide by restrictions upon disclosure of information and/or systems that are imposed by contracts between Humana and third parties or by law, regulation, or order of a court or regulatory agency. 13 Non-ERISA/HIC, HDlC Fiduciary 12.7 Upon termination of this Agreement, retords containing Private Health Information or other personal information in the possession ofthe Plan Manager will be either delivered to the Plan Administrator or destroyed when the Plan Manager's records retention obligations have been fulfilled. If such delivery or destruction is not feasible, the protections of this Agreement will continue to apply to those records and further uses and disclosures of the }>rivate Health Information or other personal information shall be limited to those purposes that make the return or destruction of the information infeasible. 12.8 The Client and the Plan Manager agree that they will require other persons or entities that receive Private Health Information or other personal information regarding Covered Persons and/or trade secret or propriety information in connection with and as permitted by this Agreement to agree in writing to observe the protections described herein as minimum safeguards against improper disclosure of such information. ARTICLE xm Hold Harmless 13.1 The Client agrees to indemnify and hold the Plan Manager harmless against any and all loss, liability, or damage (including payment of reasonable attorney's fees) which the Plan Manager may incur by reason of failure of the Client or its employees, agents or representatives to abide by the provisions of the Plans or this Agreement or to administer thePlans or assets and funds of the Plans in a prudent and proper manner; failure of the Plans or documents describing the Plan prepared or adopted by the Plan sponsor to comply with applicable laws; fraud, embezzlement, willful misconduct, or intentional disregard on the part of the Client or its employees, agents or representatives; disputes concerning denials of benefits or benefit payments made by or at the direction of the Client or the Plan Administrator; or actions taken by the plan Manager at the direction of the Client or the Administrator. 13.2 The Plan Manager agrees to indemnify and hold the Client harmless against any and all loss, liability, or damage (including payment of reasonable attorney's fees) which the Client may incur by reason of the failure of the employees, agents or representatives of the Plan Manager to abide by this Agreement, or fraud, embezzlement, willful misconduct or intentional disregard on the part of the Plan Manager or its employees, agents, or representatives. The Plan Manager will not be liable on account of actions or inaction undertaken by it in good faith and performed in accordance with the provisions of this Agreement or for the cost of behefits under the Plan which are claimed or awarded to a Participant. 13.3 The obligations under this Article XIII shall continue beyond the term of this Agreement as to any act or omission which occurred during the term of this Agreement. ARTICLE XIV Taxes and Assessments 14.1 If a tax or other assessment, including a premium tax, with respect to the Plan (other than an income tax with respect to the fees earned by the Plan Manager) is imposed upon the Plan Manager, the Plan Manager will provide written notification to the Client together with a copy of the tax bill or assessment within ten (10) business days of receipt. 14 Non-ERISA/HIC, HDIC Fiduciary 14.2 If the Plan Manager pays the tax or assessment, the Client shall reimburse the Plan Manager for any amounts paid plus reasonable out-of-pocket expenses immediately upon notification by the Plan Manager that the tax has been paid. ARTICLE XV Defense of Actions 15.1 The Client and the Plan Manager agree to cooperate with respect to (a) the determination, settlement and defense of any and all claims for benefits undertaken by the Plan Manager pursuant to this Agreement, and (b) the settlement of and conduct of a defense against any claim for benefits which has been denied, which may include 'attending hearings and trials and assisting in securing the attendance of witnesses and giving of evidence. 15.2 The payment of legal fees arising out of any transaction or activity under this Agreement shall be the responsibility of the person incurring the expense, except as provided in Article XIII. However, legal fees incurred by the Plan Manager and attributable to a request, direction, or demand by the Client, the Plan Administrator, or Employer shall be the responsibility of the person making the request, direction or demand. Legal fees incurred by the Plan Manager and attributable to the defense of claims determinations made in accordance with this Agreement shall be the obligation of the Client. ARTICLE XVI Miscellaneous 16.1 Ancillary Agreements. The Client agrees to execute or cause to be executed all ancillary agreements appropriate and necessary to enable the services described in this Agreement to be performed. 16.2 Entire Agreement. This Agreement (including the Exhibits and Plan documents as incorporated herein by reference) constitutes the entire agreement between the parties with respect to the Plan, and there are no agreements, representations or warranties regarding the subject matter of this Agreement between the parties other than those set forth or provided for in this Agreement (including the Exhibits and Plan documents as incorporated by reference). 16.3 Assignment. Neither the Plan Manager nor the Client may assign or otherwise transfer its rights and obligations under this Agreement to any other person or entity without the prior written consent ofthe other party. However, the functions to be performed by the Plan Manager may at any time be transferred to an affiliate of the Plan Manager. Any other attempted assignment or delegation shall render this Agreement voidable at the option of the non-assigning party. 15 Non-ERISA/HIC, HDIC Fiduciary 16.4 Notices. All notices to the Client under this Agreement shall be personally delivered or sent by a method no less rapid than fIrst class mail, with postage prepaid, or facsimile, to the Client at the following address: Attn: Robert Waiz, Jr. Mayor 501 East Court Avenue City Attorney, Room 501 Jeffersonville, IN 471'30 Telephone: 812-285-6400 Fax: 812-285-6403 Email: rwaiz(W.citvofieff.net ,All notices to the Plan Manager under this Agreement shall be personally delivered or sent by a method no less rapid than fIrst class mail, with postage prepaid, or facsimile, to the Plan Manager at the following address: Attn: Tim Batson , Humana Insurance Company 500 West Main Street Louisville, Kentucky 40202 Telephone: 502-580-8508 Fax: 502-580-3639 Email: tbatson@hum~na.com Attn.: Gerald L. Ganoni HumanaDental Insurance Company 1100 Employers Boulevard Green Bay, Wisconsin 54344 Telephone: 920-337-7602 Fax: 920-337-3183 Email: jganoni@humana.com 16.5 Severability. If any provision of this Agreement is determined to be unenforceable or invalid, such determination will not affect the validity of the other provisions contained in this Agreement. Failure to enforce any provision of this Agreement does not affect the rights of the parties to enforce such provision in another circumstance. Neither does it affect the rights of the parties to enforce any other provision of this Agreement at any time. 16.6 Applicable Law. This Agreement shall be governed by and construed in accordance with the internal laws of the State of Wisconsin, to the extent not preempted by federal law. 16.7 Amendment. This Agreement may be amended by the Client and the Plan Manager at any time by a writing duly executed by an appropriate officer of the Plan Manager and the Client. 16 Non-ERISA/HIC, HDIC Fiduciary 16.8 Effect ofPavrnent of Administration Charges. This Agreement shall be considered executed by the Plan Manager and Client, upon signature of both Plan Manager and Client. Payment of fees prior to completion and signing of this Agreement will constitute execution of a written temporary agreement, pending completion and signing ofthis'Agreement. IN WITNESS WHEREOF, the Client and the Plan Manager have executed this Agreement on ,20_. Non-ERISA/HIC, HDIC Fiduciary CIT'X OF JEFFERSONVILLE Jeffersonville, Indiana (By) (signature) Name: Title: ' , HuMANA INSURANCE COMPANY DePete, Wisconsin (By) Khalid N azir Vice President HUMANADENTAL INSURANCE COMPANY DePe:re, Wisconsin (By) , Gerald L. Ganoni President 17 Print Date: 10/17/06 015497549 269115 03 01 Market Office Name: HHCP-LOUISVILLE Additional Information: J ASOCOJOI CITY OF JEFFERSONVILLE EMPLOYEE HEALTH PLAN I GROUP NUMBER . N3830 PPO PLAN B (OUT OF AREA) I I EFFECTIVE MAY 1, 2006 ,; ~. ASOCOJ02 TERMINATION OF COVERAGE ...... ........... ..;............ ............. ........~............ ................. ........................ .......39 IMPORTANT NOTICE FOR EMPLOYEES AND SPOUSES AGE 65 AND OVER ...............................40 CONTINUATION OF MEDICAL AND DENiAL BENEFITS ..................................................................41 THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT OF 1994 (USERRA) ...........................................................;............................................................................................. 47 , I COORDINATION OF BENEFITS... ....... ........ ..;........ ............... ................. ...... ........... ........ ..................... .......48 REIMBURSEMENT /SUBROGA TION.. ...... ....l........ ............... ................... .... ........... ........ ............................51 I i GENERAL PRO VIS IONS ................................ .l............................................................................................. 53 I CLAIM S PROCEDURES .................................. i............................................................................................. 57 i DEFINITION S.....................................................1............................................................................................. 66 I I PRESCRIPTION DRUG BENEFIT .... ...... ....... .t........... .... ...... ............... ................. ........ ......... ........ ...............75 D EFINITI ON S ................................................. i...........................................:................................................. 75 SCHEDULE OF PRESCRIPTION DRUG BENEFITS.............................................................................. 77 ADDITIONAL PRESCRIPTION DRUG BENBFIT INFORMATION .................................................... 78 PRIOR AUTHORIZATION.. ..... ........ ..... ...... ........... ...... ............... ................. ............... ........ ........... ............ 79 D ISPENSIN G L 1M ITS................................... .l................................................. ............................................ 79 RETAIL PHARMACy.... ......... ...... ....... ...... ...l... ...... ......... ...... ......... ........ ................. ........ ........... ...... ...... ....79 MAIL ORDER PHARMACY.. ........... ...........~. ...... ......... ...... ......... ........ ................. ................. .......... .... ......79 SPECIALTY OFFICE MEDICATIONS AND INJECTABLES ...............................................................79 I PRESCRIPTION DRUG COST SHARING ................................................................................................ 80 PRESCRIPTION DRUG COVERAGE ....... ..l..... ....... ............. .......... ......... ...... .... ............... ...... ............... ...80 PRESCRIPTION DRUG LIMITATIONS .....l..... ..... ........ ........... .... ........... ........................... ........ ..............81 ! I: ,.J. ASOCOJ03 PLAN DESCRIPTION INFORMATION 1. Proper Name of Plan: City of Jeffersonville Employee Health Plan 2. Plan Sponsor and Employer. City of Jeffersonville 501 East Court Avenue, Room 407 Jeffersonville, IN 47130 This Plan is maintained under a collective bargaining agreement. A copy of the agreement may be obtained on written request and is available for examination. 3. Plan Administrator and Named Fiduciary: City of Jeffersonville 501 East Court Avenue, Room 407 County Building Jeffersonville, IN 47130 4. Employer Identification Number: 35-6001067 5. The Plan provides medical and prescription drug benefits for participating employees and their enrolled dependents. 6. Plan benefits described in this booklet are effective 04/01/06. 7. The Plan year is April 1 through March 31 and the fiscal year January 1 through December 31 of each year. 8. Service of legal process may be served upon the Plan Administrator as shown above or the following agent for service oflegal process: Leslie Merkley, City Attorney City of Jeffersonville 501 East Court Avenue, Room 410 Jeffersonville, IN 47130 (812) 285-6491 9. The Plan Manager is responsible for perfornling certain delegated administrative duties, including the processing of claims. The Plan Managerand Claim Fiduciary is: Humana Insurance Company 500 West Main Street Louisville, Kentucky 40202 Telephone: Refer to your ID card HumanaDental Insurance Company 1100 Employers Boulevard Green Bay, WI 54344 Telephone: (920) 336-1100 Toll Free: 1-800-233-4013 1 > f ASOCOJ03 Plan Description Information Continued 10. This is a self-insured and self-administered health benefit plan. The cost of the Plan is paid with contributions shared by the employer and employee. Benefits under the Plan are provided from the general assets of the employer and are used to fund payment of covered claims under the Plan plus administrative expenses. Please see your employer for the method of calculating contributions and the funding mechanism used for the accumulation of assets through which benefits are provided under this Plan. 11. Each employee of the employer who participates in the Plan receives a Summary Plan Description, which is this booklet. This booklet will be provided to employees by the employer. It contains information regarding eligibility requirements, termination provisions, and a description of the benefits provided and other Plan information. 12. The Plan benefits and/or contributions may be modified or amended from time to time, or may be terminated at any time by the Plan Sponsor. Significant changes to the Plan, including termination, will be communicated to participants as required by applicable law. 13. Upon termination of the Plan, the rights of the participants to benefits are limited to claims incurred and payable by the Plan up to the date of termination. Plan assets, if any, will be allocated and disposed of for the exclusive benefit of the participating employees and their dependents covered by the Plan, except that any taxes and administration expenses may be made from the Plan assets. 14. The Plan does not constitute a contract between the employer and any covered person and will not be considered as an inducement or condition of the employment of any employee. Nothing in the Plan will give any employee the right to be retained in the service of the employe1; or for the employer to discharge any employee at any time. It is provided, however, that the foregoing will not modify the provisions of any collective bargaining agreement which may be made by the employer with the bargaining representative of any employees. A copy of the collective bargaining agreement will be made available by the employer for review, upon written request. . 15. This Plan is not in lieu of and does not affect any requirement for coverage by Workers' Compensation insurance. 2 /~ ASOCOJ04 SCHEDULE OF BENEFITS AN IMPORTANT MESSAGE ABOUT YOUR PLAN Services are subject to all provisions of the Plan, including the limitations and exclusions. Italicized terms within the text are defined in the Definitions section ofthis booklet. PRECERTIFICATION In most locations, the Plan Manager will be performing precertification. In those locations where the Plan Managerwill be performing precertification, the following applies: Medical Management is a Utilization/Case Management Program provided by the Plan Manager. The Medical Management team will provide precertification as required by your Plan. Medical Management recommends calling as soon as possible to receive proper precertification Refer to your ID card for the phone number to call for precert(fication The following benefits require precertification. . PRECERTIFICA TION BENEFIT REQUIREMENTS PENALTY Inpatient Hospitalization, The Plan Manager must be If the admission is not precertified, Inpatient Mental notified at least 7 days in advance. benefits for both the qualified Disorder, Chemical If the admission IS on an practitioner and hospital or Dependence and emergency basis, the Plan qualified treatment facility will be Alcoholism Manager must be notified within subject to a $500 penalty per 48 hours or the first business day confinement. The penalty does not following admission. apply to the deductible or out-of- pocket maximums. Outpatient Surgery The Plan Manager must be If the surgery is not precertified, notified at least 7 days in advance. benefits for both the qualified practitioner and hospital or qualified treatment facility will be subject to a $500 penalty per occurrence. The penalty does not apply to the deductible or out-of- pocket maximums. Outpatient Speech, The Plan Manager must be If therapy services are not Physical and notified prior to services being precertified, benefits will be subject Occupational Therapy rendered. to a $500 penalty per occurrence. ( Qualified practitioner The penalty does not apply to the office or outpatient deductible or out-of-pocket facility) maxImums. Outpatient Sleep Apnea The Plan Manager must be If services are not precertified, ( Qualified practitioner notified prior to services being benefits will be subject to a $500 office or outpatient rendered. penalty per occurrence. The penalty facility) does not apply to the deductible or out-of-pocket maximums. 3 ~ t ASOCOJ04 Schedule of Medical Benefits - Precertification Continued PRECERTIFICA TION BENEFIT REQUIREMENTS PENALTY Outpatient Pain The Plan Manager must be If services are not precert({ied, Management (Qual({ied notified prior to services being benefits will be subject to a $500 practitioner office or rendered. penalty per occurrence. The penalty outpatient facility) does not apply to the deductible or out-of-pocket maximums. Home Health Care The Plan Manager must be If home health care services are not notified prior to services being precert(fied, benefits will be subject rendered. to a $500 penalty per occurrence. The penalty does not apply to the deductible or out-of-pocket maximums. Skilled Nursing Facility The Plan Manager must be If the skilled nursmg facility notified pnor to services being c011{inement IS not precert(fied, rendered. benefits will be subject to a $500 penalty per occurrence. The penalty does not apply to the deductible or out-of-pocket maximums. Hospice Care The Plan Manager must be If hospice care is not precert(fied, notified pnor to services being benefits will be subject to a $500 rendered. penalty per occurrence. The penalty does not apply to the deductible or out-of-pocket maximums. Durable Medical The Plan Manager must be If the equipment is not precert(fied, Equipment (over $750 notified prior to services being benefits will be subject to a $500 per equipment) rendered. penalty per occurrence. The penalty does not apply to the deductible or out-of-pocket maximums. Organ Transplants The Plan Manager must be If organ transplant services are not notified prior to organ transplant precert(fied, they are not covered. services being rendered. 4 ,.'. ASOCOJ04 COVERED AND NON-COVERED EXPENSES Benefits are payable only if services are considered to be a covered expense and are subject to the specific conditions, limitations and applicable maximums of the Plan. The benefit payable for covered expenses will not exceed the maximum allowable Jee(s). A covered expense is deemed to be incurred on the date a covered service is received. One copaymentwill be taken per visit per qualified practitioner. If you incur non-covered expenses, you are responsible for making the full payment to the health care provider. The fact that a qualified practitioner has performed or prescribed a medically appropriate procedure, treatment, or supply, or the fact that it may be the only available treatment for a bodily injury or sickness, does not mean that the procedure, treatment or supply is covered under the Plan. Please refer to the "Schedule of Benefits" and the "Limitations and Exclusions" sections of this Summary Plan Description for more information about covered expenses and non-covered expenses. MEDICAL DEDUCTIBLE AND COINSURANCE INFORMATION Lifetime Maximum $2,000,000 per covered person. BENEFIT Deductible: Inpatient Hospital . No deductible Outpatient Surgery No deductible Outpatient N on- Surgery No deductible Hospital Physician Services No deductible Other Medical Services $500 Individual/$I,OOO Familv You must satisfy the deductible before the Plan will pay any benefits. Out-of-Pocket Limit: Individual $1,000 Family $2,500 . When the amount of combined covered expenses paid by you and/or all your covered dependents satisfy the separate deductible and out-of-pocket limits as shown above, the Plan will pay 100% of covered expenses for the remainder of the calendar year, unless specifically indicated, subject to any calendar vearmaximums and the lifetime maximum of the Plan. 5 ~ .~ ASOCOJ04 MEDICAL COVERED EXPENSES BENEFIT Inpatient Hospital Payable at 80%. Precert{fication is required. If precert{fication is not receiyed, benefits are subject to the penalty described on the Schedule of Benefits. Ancillary Services Inpatient Hospital Payable at 80%. Outpatient Sur~ical/N on-sur~ical Payable at 100%. Diagnostic X-ray & Lab In an Office Setting Payable at 100%. In an Outpatient Settin~ Subiect to a $100 cOlJavmen~ then payable at 100%. CAT, PET & MRI In an Office Setting Payable at 100%. In an Outpatient Settin~ Subiect to the deductible, then payable at 80%. Outpatient Surgical Facility Subject to a $100 co payment per procedure, then payable at 100%. Outpatient Hospital Subject to a $100 copayment per procedure, then payable at 100%. Emergency Room (Hospita~ Subject to a $1 00 copaymen~ then payable at 100%. Covavmentwaived if admitted. Urgent Care Facility Subiect to a $40 cOlJavmen~ then payable at 100%. Free Standing Surgical Facility Subject to a $100 co payment per procedure, then payable at 100%. Precert{fication is required. If precert{fication is not received, benefits are subject to the penalty described on the Schedule of Benefits. Qual{fied Practitioner (Office Visits/In Office Surgery including Second Surgical Opinion) PCP Subject to a $25 copaymen~ then payable at 100%. Specialist Subiect to a $40 covavmenl.. then oayable at 100%. Surgical services are subject to Precertificatio11. If precert{fication is not received, benefits are subject to the oenalty described on the Schedule of Benefits. Qual{fied Practitioner (Other than office visits) Inpatient HospitalVisits Payable at 100%. Emer~encv Room Visits Pavable at 100%. 6 .. Injections Vials & Testin Routine Care - Up to age 16 Exam Lab/X-ray Immunizations & FlulPneumonia Routine Care (Age 16 and above) ASOCOJ04 MEDICAL COVERED EXPENSES Subject to a $3 copaymentper visit then payable at 100%. Pa able at 100%. Subject to the office visit copaymen~ then payable at 100%. Payable at 100%. Exam Subject to the office visit copaymen~ then payable at 100%. Lab/X-ray Payable at 100%. Immunizations & Flu/Pneumonia Subject to a $3 copaymentper injection, then payable at 100%. Pap Smear Payable at 100%. Prostate Antigen Testing Pa able at 100%. Routine physical exam limited to 1 per calendar year. Well woman exams are not limited. Pa able at 100%. Payable at 100%. Payable the same as any other sickness. 7 ':. ( ASOCOJ04 MEDICAL COVERED EXPENSES BENEFIT Chiropractic Care (For treatment of a bodily injUlyor sicA71ess) . Exam Subject to a $40 copaymen~ then payable at 100%. . Manipulations . Therapy Lab & X-ray Payable at 100%. Routine Maintenance Care Not covered. Covered services aggregate to a maXImum of 20 visits per calendar yem: Only 1 copayment applies regardless of the number of services rendered. Physical, Speech, Cognitive and Subject to the deductible, then payable at 80%. Occupational Therapy Precertijication IS required for outpatient therapy. If precert(fication is not received, benefits are subject to the penalty described on the Schedule of Benefits. Respiratory Therapy Subiect to the deductible, then payable at 80%. Chemotherapy and Radiation Subject to the deductible, then payable at 80%. Therapy Cardiac Rehabilitation (Limited to Subject to the deductible, then payable at 80%. Phases I &II) Ambulance Service Subject to the deductible, then payable at 80%. Prel!nancv Benefits Payable the same as any other sickness. Newborn Benefits Payable at 80%. Birthinl! Centers Payable at 80%. Elective sterilizations Payable the same as any other sickness. Reversal of Sterilization Not covered. Skilled Nursing Facility Subiect to the deductible, then payable at 80%. Covered services aggregate to a maximum of 60 days per calendar year. Precert~fication is required. If precertification is not received, benefits are subject to the penalty described on the Schedule of Benefits. Home Health Care Subject to the deductible then payable at 80%. Covered expenses aggregate to a maximum of 40 visits per calendar yem: Precertification is required. If precert~fication is not received, benefits are subject to the penalty described on the Schedule of Benefits. Hospice Care Subject to the deductible, then payable at 80%. Durable Medical Equipment Subject to the deductible, then payable at 80%. Precert{fication is required. If precertification is not received, benefits are subject to the penalty described on the Schedule of Benefits. 8 ~ ASOCOJ04 MEDICAL COVERED EXPENSES BENEFIT Mental Disorder, Chemical Payable as shown in text. Dependence and Alcoholism Private Duty Nursing (inpatient Payable at 100%. hospital only) Other Covered Expenses Subject to the deductible, then payable at 80%. MEDICAL COVERED EXPENSES BENEFIT HUMANA NATIONAL OTHER THAN A HUMANA TRANSPLANT NETWORK NATIONAL TRANSPLANT FACILITY NETWORK FACILITY Organ Transplants Payable same as any other Payable same as any other sickness. sickness. Covered expenses are limited to a maximum benefit of $35,000 per transDlant. Covered expenses for organ transplants performed at a Humana National Transplant Network facility aggregate toward the out-of-pocket limits described in the Schedule of Benefits. Covered expenses for organ transplants performed at a facility other than a Humana National Transplant Network facility do not aggregate toward the out-of-Docket limits described in the Schedule of Benefits. 9 '!,. ASOCOJ05 UTILIZATION/CASE MANAGEMENT Utilization management and case management are designed to assist covered persons in making informed medical care decisions resulting in the delivery of appropriate levels of Plan benefits for each proposed course of treatment. These decisions are based on the medical information provided by the patient and the patient's physician. The patient and his or her physician determine the course of treatment. The assistance provided through these services does not constitute the practice of medicine. Payment of Plan benefits is not determined through these processes. PRE CERTIFICATION Utilization review includes precertification and concurrent review. This provision will not provide benefits to cover a confinement or service which is not medically necessmy or otherwise would not be covered under the Plan. Precertification is not a guarantee of coverage. If you or your covered dependent are to receive a service which requires precertification, you or your qualified practitioner must contact the Plan Managerby telephone or in writing. Refer to the Schedule of Benefits for time requirements. After you or your qualified practitioner have provided the Plan Manager with your diagnosis and treatment plan, the Plan Manager will: 1. Advise you in writing if the proposed treatment plan is medically necesswy, 2. Advise you in writing the number of days the corifinement is initially precertified, and 3. Conduct concurrent review as necessary. If your qualified practitioner extends your corifinement beyond the number of days initially precertified, the extension must be precertifiedthrough concurrent review. If it is detennined at any time your proposed treatment plan, either partially or totally, is not a covered expense under the terms and provisions of the Plan, benefits for services may be reduced or services may not be covered. PENAL TY FOR NOT OBTAINING PRECERTIFICA TION If you do not obtain precertification for services being rendered, your benefits for both qualified practitioner and hospital or qualified treatmentfacilitymay be reduced. Refer to the Schedule of Benefits for the applicable penalty. SECOND SURGICAL OPINION A second surgical opinion may be required, as provided in the Plan, before the confinement will be precertified Benefits for the second surgical opinion, including any medically necessmy x-ray and laboratory tests performed by the second qualified practitioner, are payable as shown on the Schedule of Benefits. 10 " ASOCOJ05 Utilization/Case Management Continued If the two opinions disagree, you may obtain a third opinion. Benefits for the third opinion are payable the same as for the second opinion. The qualified practitioners providing the surgical opinions MUST NOT be in the same group practice or clinic. The qualified practitioner providing the second or third surgical opinion may confirm the need for surgery or present other treatment options. The decision whether or not to have the surgery is always yours. PREDETERMINATION OF MEDICAL BENEFITS You or your qualified practitioner may submit a written request for a predetermination of benefits. The written request should contain the treatment plan, specific diagnostic and procedure codes, as well as the expected charges. The Plan Manager will provide a written response advising if the services are a covered or non-covered expense under the Plan, what the applicable Plan benefits are and if the expected charges are within the maximum allowable fee. The predetermination 9f benefits is not a guarantee of benefits. Services will be subject to all terms and provisions of the Plan applicable at the time treatment is provided. If treatment is to commence more than 90 days after the date treatment is authorized, the Plan Manager will require you to submit another treatment plan. 11 ~ ASOCOJ05 MEDICAL DEDUCTIBLE AND COINSURANCE INFORMATION Covered e.:rpenses are payable, after satisfaction of the deductible, to a maximum allowable fee at the coinsurance percentages and up to the maximum benefits shown on the Schedule of Benefits. DEDUCTIBLE The deductible applies to each covered person each calendar yew: Only charges which qualify as a covered e.:rpense may be used to satisfy the deductible. The amount of the deductible is stated on the Schedule of Benefits. Any covered expense incurred during the last three months of the calendar year that is used to satisfy all or part of the deductible for that year, will be used to satisfy all or part of the deductible for the following calendar yew: You must satisfy the separate PAR or Non-PAR deductible before the Plan will pay any benefits. MAXIMUM F AMIL Y DEDUCTIBLE The total deductible applied to all covered persons in one family in a calendar year is subject to the maximum shown on the Schedule of Benefits. COINSURANCE The tenn coinsurance means the shared financial responsibility for covered expenses between the covered person and the self-insured plan. Covered expenses are payable at the applicable percentage rate shown on the Schedule of Benefits after the deductible is satisfied each calendar yew: OUT-OF-POCKET LIMIT When the amount of combined covered expenses paid by you and/or all your covered dependents satisfy the deductible and out-of-pocket limits as shown on the Schedule of Benefits, the Plan will pay 100% of covered e.:rpenses for the remainder of the calendar yew; unless specifically indicated, subject to any calendar year maximums and the lifetime maximum of the Plan. If you and/or all yow'covered dependents use a combination of PAR and Non-PAR providers, the out-of- pocket amounts will track separately. Copayments, penalties, mental disorder, chemical dependence and alcoholism expenses are not applied to the out-of-pocket limit. Covered e.:rpenses are subject to any calendar year maximums or the lifetime maximum of the Plan. LIFETIME MAXIMUM Lifetime maximum means the maximum amount of benefits available while you are covered under the Plan. Under no circumstances does lifetime mean during the lifetime of the covered person. 12 ,.. ASOCOJ06 MEDICAL COVERED EXPENSES INPATIENT HOSPITAL Covered expenses are payable as shown on the Schedule of Benefits and include charges made by a: 1. Hospital for daily semi-private, ward, intensive care or coronary care room and board charges for each day of confinement The maximum amount payable is shown on the Schedule of Benefits. Benefits for a private or single-bed room are limited to the maximum allowable fee charged for a semi-private room in the hospitalwhile a registered bed patient; 2. Hospitalfor services furnished for your treatment during confinement OUTPATIENT HOSPITAL Covered expenses are payable as shown on the Schedule of Benefits. Covered expenses include charges made by a hospital for: 1. Treatment of a bodily injury, including the emergency room charge if rendered within 48 hours of an accident; 2. Treatment of a sickness following an emergency, including the emergency room charge; 3. Preadmission testing, 4. A surgical procedure; 5. Regularly scheduled treatment such as chemotherapy, inhalation therapy, radiation therapy as ordered by your attending physician. FREE-STANDING SURGICAL FACILITY Charges made by a free-standing surgical facility, for surgical procedures performed and for services rendered in the facility are payable as shown on the Schedule of Benefits. URGENT CARE CENTER Facility charges made by an urgent care center are payable as shown on the Schedule of Benefits. Outpatient surgery, diagnostic x-ray, laboratory tests and any additional services other than the facility charge are not payable under this benefit. Please refer to the other provisions of this Plan for available coverage. 13 " ASOCOJ06 QUALIFIED PRACTITIONER Covered expenses are payable as shown on the Schedule of Benefits and include charges made by a qualified practitioner when incurred for: 1. Office, home, emergency room physician or inpatient hospitalvisits; 2. Diagnostic x-ray or laboratory tests; 3. Professional services of a radiologist or pathologist for diagnostic x-ray examination or laboratory tests, including x-ray, radon, radium and radioactive isotope therapy; 4. Other covered medical services received from or at the direction of a qualified practitionel; 5. Administration of anesthesia; 6. A surgical procedure, including pre-operative and post-operative care. If multiple or bilateral surgical procedures are performed at one operative session, the amount payable for these procedures will be limited to the maximum allowable fee for the primary surgical procedure and; a. 50% of the maximum allowable fee for the secondary procedure; and b. 25% of the ma.:rimum allowable fee for the third and subsequent procedures. No benefits will be payable for incidental procedures. 7. Assisting the surgeon; 8. Physician assistant; 9. Charges made by a qualified practitioner for services in performing certain oral surgical operations due to bodily injUlJ10r sickness are covered as follows: a. Excision of partially or completely lmempted impacted teeth; b. Excision of tumors and cysts of the jaws, cheeks, lips, tongue, roof and floor of the mouth when such conditions require pathological examination; c. Surgical procedures required to correct accidental injuries of the jaws, cheeks, lips, tongue, roof and floor of the mouth; d. Mandibular staple implant when not done to prepare the mouth for dentures; e. Removal of full bony impactions; f. Frenectomy (the cutting of the tissue in the midline of the tongue); g. Alveolectomy and alveoplasty related to tooth extraction; and h: Orthognathic surgelY if severe handicapping malocclusion is present and proved. 14 I' ASOCOJ06 ROUTINE CARE The following expenses are payable for you or your covered dependen~ up to the amount shown on the Schedule of Benefits, subject to all terms and provisions of the Plan, except the exclusion for services which are not medically necessary, if you are not confined in a hospital or qualified treatment facility and if such expenses are not incurred for diagnosis of a specific bodily injury or sickness. Benefits include: 1. Routine exams and annual checkups; 2. Immunizations; 3. Pap smears; 4. Mammograms; 5. Routine x-ray and laboratory tests; and 6. Prostate antigen testing. No benefits are payable under this benefit for: 1. Any dental examinations; 2. Hearing examinations; 3. Vision examinations; and 4. Medical examination for bodily injury or sickness. SUPPLEMENTAL ACCIDENT BENEFIT This provision provides benefits for you or your covered dependents in the event of a bodily injury. The expense must be incurred within 3 days of the date of the accident. Eligible expenses are payable as shown on the Schedule of Benefits and are not subject to the deductible and coinsurance. Dental x-rays and dental surgical procedures are included as eligible expenses under this provision. No benefits are payable under this provision for expenses incurred to treat a sickness. CHIROPRACTIC CARE Chiropractic care for treatment of a bodily injwy or sickness is payable as shown on the Schedule of Benefits. Maintenance care is not covered. 15 " ASOCOJ06 AMBULANCE SERVICE Local professional ambulance service to the nearest hospital equipped to provide the necessary treatment is covered as shown on the Schedule of Benefits. Ambulance service must not be provided primarily for the convenience of the patient or the qualified practitioner. PREGNANCY BENEFITS Pregnancy is a covered expense for any covered person payable as shown on the Schedule of Benefits. Complications 0.( pregnancy are payable as any other covered sickness at the point the complication sets in for any covered person. Pregnancy benefits are subject to all terms and provisions of the Plan, with the exception of the pre- e.xisting condition (medical) limitation. Group health plans and health insurance issuers generally may not, under Federal law, restrict benefits for any hospital length of stay in connection with childbirth for the mother or newborn child to less than 48 hours following a vaginal delivery, or less than 96 hours following a cesarean section. However, Federal law generally does not prohibit the mother's or newborn's attending provider, after consulting with the mother, from discharging the mother or her newborn earlier than 48 hours (or 96 hours as applicable). In any case, plans may not, under Federal law, require that a provider obtain authorization from the Plan or the issuer for prescribing a length of stay not in excess of 48 hours (or 96 hours). NEWBORN BENEFITS Covered expenses incurred during a newborn child's initial inpatient hospital corifinement include hospital expenses for room and board and miscellaneous services; qual(fied practitioner's expenses for circumcision; and qualified practitioner '."1 expenses for routine examination before release from the hospital BIRTHING CENTERS A birthing center is a free standing facility, licensed by the state, which provides prenatal care, delivery and immediate postpartum care, and care of the newborn child. Expense incurred within 24 hours after corifinement in a birthing center for services and supplies furnished for prenatal care and delivery of child(ren) are payable as shown on the Schedule of Benefits. 16 . )0 ASOCOJ06 SKILLED NURSING FACILITY Covered expenses for a skilled nursing facility corifinementare payable when the confinement, 1. Begins while you or an eligible dependent are covered under this Plan; 2. Begins after discharge from a hospital confinement or a prior covered skilled nursing facility corifinement, 3. Is necessary for care or treatment of the same bodily injury or sickness which caused the prior confinement, and 4. Occurs while you or an eligible dependent are under the regular care of the physician who precertifiedthe required skilled nursing facility corifinement. Skilled nursing facility means only an institution licensed as a skilled nursing facility and lawfully operated in the jurisdiction where located. It must maintain and provide: 1. Permanent and full-time bed care facilities for resident patients; 2. A physician's services available at all times; 3. 24-hour-a-day skilled nursing services under the full-time supervision of a physician or registered nurse (R.N.); 4. A daily record for each patient; 5. Continuous skilled nursing care for sick or injured persons during their convalescence from sickness or bodily injury; and 6. A utilization review plan. A skilled nursing facility is not except by incident, a rest home, a home for care of the aged, or engaged in the care and treatment of mental disorders, chemical dependence or alcoholism. BENEFITS PAYABLE Expense incurred for daily room and board and general nursing services for each day of confinement in a skilled nursing facility is payable as shown on the Schedule of Benefits. The daily rate will not exceed the maximum daily rate established for licensed skilled nursing care facilities by the Department of Health and Social Services. 17 ~ ! ASOCOJ06 HOME HEALTH CARE Expense incurred for home health care as described below is payable as shown on the Schedule of Benefits. Each visit by a home health care provider for evaluating the need for, developing a plan, or providing services under a home health care plan will be considered one home health care visit. Up to 4 consecutive hours of service in a 24-hour period is considered one home health care visit. A visit by a home health care provider of 4 hours or more is considered one visit for every 4 hours or part thereof. Home health care provider means an agency licensed by the proper authority as a home health agency or Medicare approved as a home health agency. Home health care will not be reimbursed unless the Plan determines: 1. Hospitalization or confinement in a skilled nursing facility would otherwise be required if home care were not provided; 2. Necessary care and treatment are not available from a fami{v member or other persons residing with you; and 3. The home health care services will be provided or coordinated by a state-licensed or Medicare- certified home health agency or certified rehabilitation agency. The home health care plan must be reviewed and approved by the qual!fied practitioner under whose care you are currently receiving treatment for the bodily injUlJ10r sickness which requires the home health care. The home health care plan consists of: 1. Care by or under the supervision of a registered nurse (R.N.); 2. Physical, speech, occupational and respiratory therapy and home health aide services; and 3. Medical supplies and durable medical equipmen~ laboratory services and nutritional counseling, if such services and supplies would have been covered if you were hospital confined. LIMITATIONS ON HOME HEALTH CARE BENEFITS Home health care benefits do not include: 1. Charges for mileage or travel time to and from the covered person's home; 2. Wage or shift differentials for home health care providers; or 3. Charges for supervision of home health care providers. 18 ASOCOJ06 HOSPICE CARE Hospice services must be furnished in a hospice facility or in your home. A qualified practitioner must certify you are terminally ill with a life expectancy of six months or less. For hospice services only, your immediate family is considered to be your parent, spouse, and your children or step-children. Covered expenses are payable as shown on the Schedule of Benefits for the following hospice services: 1. Room and board and other services and supplies; 2. Part-time nursing care by or supervised by a R.N. for up to 8 hours per day; 3. Counseling services by a qualified practitioner for the hospice patient and the immediate family; 4. Medical social services provided to you or your immediate family under the direction of a qualified practitioner, which include the following: a. Assessment of social, emotional and medical needs, and the home and family situation, b. Identification of the community resources available, and c. Assistance in obtaining those resources; 5. Nutritional counseling; 6. Physical or occupational therapy; 7. Part-time home health aide service for up to 8 hours in anyone day; and 8. Medical supplies, drugs and medicines prescribed by a qualified practitioner. LIMITATIONS ON HOSPICE CARE BENEFITS Hospice care benefits do NOT include: (1) private duty nursing services when confined in a hospice facility; (2) a confinement not required for pain control or other acute chronic symptom management; (3) funeral arrangements; (4) financial or legal counseling, including estate planning or drafting of a will; (5) homemaker or caretaker services, including a sitter or companion services; (6) housecleaning and household maintenance; (7) services of a social worker other than a licensed clinical social worker; (8) services by volunteers or persons who do not regularly charge for their services; or (9) services by a licensed pastoral counselor to a member of his or her congregation when services are in the course of the duties to which he or she is called as a pastor or minister. Hospice care program means a written plan of hospice care, established and reviewed by the qualified practitioner attending the patient and the hospice care agency, for providing palliative and supportive care to hospice patients. It offers supportive care to the families of hospice patients, an assessment of the hospice patient's medical and social needs, and a description of the care to meet those needs. 19 ." ASOCOJ06 Hospice Care Continued Hospice facility means a licensed facility or part of a facility which principally provides hospice care, keeps medical records of each patient, has an ongoing quality assurance program and has a physician on call at all times. A hospice facility provides 24-hour-a-day nursing services under the direction of a R.N. and has a full- time administrator. Hospice care agency means an agency which has the primary purpose of providing hospice services to hospice patients. It must be licensed and operated according to the laws of the state in which it is located and meets all of these requirements: (1) has obtained any required certificate of need; (2) provides 24- hours a day, 7 day-a-week service supervised by a qual{tled practitionel; (3) has a full-time coordinator; (4) keeps written records of services provided to each patient; (5) has a nurse coordinator who is a R.N., who has four years of full-time clinical experience, of which at least two involved caring for terminally ill patients; and, (6) has a licensed social service coordinator. A hospice care agency will establish policies for the provision of hospice care, assess the patient's medical and social needs and develop a program to meet those needs. It will provide an ongoing quality assurance program, permit area medical personnel to use its services for their patients, and use volunteers trained in care of and services for non-medical needs. ORGAN TRANSPLANT BENEFIT Precert{tication is required. If precert{tication is not received, organ transplant services will not be covered. The Plan will pay benefits for the expense of a transplant as defined below for a covered person when approved in advance by the Plan Manager, subject to those terms, conditions and limitations described below and contained in the Plan. Please contact the Plan Manager at our toll free number (866) 421-5663 when in need of these services. COVERED ORGAN TRANSPLANT Only the services, care and treatment received for, or in connection with, the pre-approved transplant of the organs identified hereafter, which are determined by the Plan Manager to be medically necessary services and which are not experimental, investigational or for research purposes will be covered by the Plan. The transplant includes: pre-transplant services, transplant inclusive of any chemotherapy and associated services, post-discharge services and treatment of complications after transplantation of the following organs or procedures only: 1. Heart; 2. Lung(s); 3. Liver; 4. Kidney; 5. Bone Marrow*; 6. Intestine; 7. Pancreas; 8. Auto islet cell; 20 '" ASOCOJ06 Organ Transplant Benefit Continued 9. Multivisceral; 10. Any combination of the above listed organs; 11. Any organ not listed above required by federal law. *The term bone marrow refers to the transplant of human blood precursor cells which are administered to a patient following high-dose, ablative or myelosuppresive chemotherapy. Such cells may be derived from bone marrow, circulating blood, or a combination of bone marrow and circulating blood obtained from the patient in an autologous transplant or from a matched related or unrelated donor or cord blood. If chemotherapy is an integral part of the treatment involving a transplant of bone marrow, the term bone marrow includes the harvesting, the transplantation and the chemotherapy components. Storage of cord blood and stem cells will not be covered unless as an integral part of a transplant of bone marrow approved by the Plan Manager. Corneal transplants and porcine heart valve implants, which are tissues rather than organs, are considered part of regular plan benefits and are subject to other applicable provisions ofthe Plan. For a transplant to be considered fully approved, prior written approval from the Plan Manager is required in advance of the transplant. You or your qualified practitioner must notify the Plan Manager in advance of your need for an initial transplant evaluation in order for the Plan Manager to determine if the transplant will be covered. For approval of the transplant itself, the Plan Manager must be given a reasonable opportunity to review the clinical results ofthe evaluation before rendering a determination. Once the transplant is approved, the Plan Manager will advise the covered person's qualified practitioner. Benefits are payable only if the pre-transplant services, the transplant and post-discharge services are approved by the Plan Manager. EXCLUSIONS No benefit is payable for, or in connection with, a transplant if: 1. It is experimental, investigational or for research purposes as defined in the Definitions section of this booklet. 2. The Plan Manager is not contacted for authorization prior to referral for evaluation of the transplant, unless such authorization is waived by the Plan Manager. 3. The Plan Managerdoes not approve coverage for the transplant, based on its established criteria. 4. Expenses are eligible to be paid under any private or public research fund, government program, except Medicaid, or another funding program, whether or not such funding was applied for or received. 5. The expense relates to the transplantation of any non-human organ or tissue, unless otherwise stated in the Plan. 6. The expense relates to the donation or acquisition of an organ for a recipient who is not covered by the Plan. 21 .. J ASOCOJ06 Organ Transplant Benefit Continued 7. A denied transplant is performed; this includes the pre-transplant evaluation, p~e-transplant services, the transplant procedure, post-discharge services, immunosuppressive drugs and complications of such transplant. 8. The covered person for whom a transplant is requested has not met pre-transplant criteria as established by the Plan Manager. COVERED SERVICES For approved transplants, and all related complications, the Plan will cover only the following expenses: 1. Hospital and qualified practitioner benefits, payable as shown on the Schedule of Benefits. If services are rendered at a Humana National Transplant Network (NTN) facility, covered expenses are paid in accordance to the NTN contracted rates. 2. Organ acquisition and donor costs. Except for bone marrow transplants, donor costs are not payable under the Plan if they are payable in whole or in part by any other group plan, insurance company, organization or person other than the donor's family or estate. Coverage for bone marrow transplants procedures will include costs associated with the donor-patient to the same extent and limitations associated with the covered person. 3. Direct, non-medical costs* for the covered person, when the transplant is performed at a Humana National Transplant Network facility, will be paid for: (a) transportation to and from the hospital where the transplant is performed; and (b) temporary lodging at a prearranged location when requested by the hospital and approved by the Plan Manage1: Transportation costs for the covered per.<;on to and from the hospital where the transplant is performed will be payable as shown on the Schedule of Benefits. These direct, non-medical costs are only available if the covered person lives more than 100 miles from the transplant facility. * * 4. Direct, non-medical costs* for one member of the covered person's immediate family (two members if the patient is under age 18 years), when the transplant is performed at a Humana National Transplant Network facility, will be paid for: (a) transportation to and from the approved facility where the transplant is perfoffiled; and (b) temporary lodging at a prearranged location during the covered person's confinement in the hospital Transportation costs for the covered person's immediate family member(s) to and from the hospital where the transplant is performed will be payable as shown on the Schedule of Benefits. These direct, non-medical costs are only available if the covered person's immediate famizy member(s) live more than 100 miles from the transplant facility. * * *Non-medical costs are not covered if a transplant is performed at a facility that is not a Humana National Transplant Network facility. ** All direct, non-medical expenses for the covered person receiving the transplant and his/her family member(s) are limited to a combined maximum ben~fit of $1 0,000 per transplant. 22 .. ~. ASOCOJ06 MENTAL DISORDER, CHEMICAL DEPENDENCE OR ALCOHOLISM BENEFIT Expense incurred by you during a plan of treatment for mental disorder, chemical dependence or alcoholism is payable for: 1. Charges made by a qualified practitioner, 2. Charges made by a hospital; 3. Charges made by a qualified treatment facility. INPATIENT BENEFITS Covered expenses while confined as a registered bed patient in a hospital or qualified treatment facility, are payable as shown below: Covered expenses for inpatient treatment do not aggregate toward the coinsurance and out-of-pocket limits described on the Schedule of Benefits. OUTPATIENT BENEFITS Covered expenses for outpatient treatment received while not confined in a hospital or qualified treatment facility are payable as shown below: then a able at 100%. Outpatient treatment of a mental disorder, chemical dependence or alcoholism aggregates to a maximum of 20 visits er calendar ear. Covered expenses for outpatient treatment do not aggregate toward the coinsurance and out-of-pocket limits described on the Schedule of Benefits. LIMITATIONS ON MENTAL DISORDER, CHEMICAL DEPENDENCE OR ALCOHOLISM BENEFITS No benefits are payable under this provision for marriage counseling, treatment of nicotine habit or addiction, or for treatment of being obese or overweight. No benefits are payable under this provision for services performed at a Residential Treatment Facility. Treatment must be provided for the cause for which benefits are payable under this provision of the Plan. 23 .. ASOCOJ06 OTHER COVERED EXPENSES The following are other covered expenses payable as shown on the Schedule of Benefits (unless otherwise specified): 1. Blood and blood plasma are payable as long as it is NOT replaced by donation, and administration of blood and blood products including blood extracts or derivatives; 2. Oxygen and rental of equipment for its administration; 3. Drugs and medicines that are provided to or administered to you while you are confined in a hospital or skilled nursing facility, or from a qualified practitioner during an office visit or from a home health care provider; 4. Initial prosthetic devices or supplies, including but not limited to, limbs and eyes. Coverage will be provided for prosthetic devices necessary to restore minimal basic function. Replacement is a covered expense if due to pathological changes. Covered e'(pense includes repair of the prosthetic device if not covered by the manufacturer; 5. Supplies, up to a 30-day supply, when prescribed by yow'attending physician; 6. Casts, trusses, crutches, orthotics, splints and braces. Orthotics must be custom made or custom fitted, made of rigid or semi-rigid material. Fabric supports, replacement orthotics and braces, oral splints and appliances and dental splints and dental braces are not a covered expense, 7. Initial contact lenses or eyeglasses following cataract surgely, 8. The rental, up to but not to exceed the purchase price, of a wheelchair, hospital bed, ventilator, hospital type equipment or other durable medical equipment (DME). The Plan, at its option, may authorize the purchase of DME in lieu of its rental, if the rental price is projected to exceed the purchase price. Repair, maintenance or duplicate DMErental is not considered a covered expense. Refer to the precertification requirements of this Plan if the rental or purchase price is expected to be $750 or more; 9. Wigs for cancer patients due to hair loss resulting from chemotherapy or radiation therapy; 10. Services for the treatment of a dental injury to a sound natural tooth, including but not limited to extraction and initial replacement. Service.s must begin within 90 days and be completed within 24 months after the date of the dental b?iUlY. Benefits will be paid only for expense incurred for the least expensive service that will, in the Plan Manager's opinion, produce a professionally adequate result; 11. Installation and use of an insulin infusion pump, diabetic self-management education programs and other equipment or supplies in the treatment of diabetes, except as specifically described within the Prescription Drug section; 12. Reconstructive surgery due to bodily i1?jwy, infection or other disease of the involved part or congenital disease or anomaly of a covered dependent child which resulted in a functional defect; 24 ASOCOJ06 Other Covered Expenses Continued 13. Reconstructive services following a covered mastectomy, including but not limited to: a. reconstruction of the breast on which the mastectomy was performed; b. reconstruction of the other breast to achieve symmetry; c. prosthesis; and d. treatment of physical complications of all stages of the mastectomy, including lymphedemas; 14. Speech, occupational and physical therapy; 15. Respiratory therapy; 16. Cardiac rehabilitation, limited to phases I and II; 17. Chemotherapy and radiation therapy; and 18. Private duty nursing (inpatient hospital only). The following services are considered other covered expenses and are payable as shown on the Schedule of Benefits, subject to all terms and provisions of the Plan, except the exclusion for services which are not medically necessmy; 1. Elective sterilizations; and 2. Birth control devices, injections, implant systems and removal of contraceptive implants. 25 ASOCOJ07 LIMITATIONS AND EXCLUSIONS The Plan does not provide benefits for: 1. Services: a. Not furnished by a qual~fied practitioner or qual~fied treatment facility; b. Not authorized or prescribed by a qual~ed practitioner; c. Not covered by this Plan whether or not prescribed by a qual~fied practitionel; d. Which are not provided; e. For which no charge is made, or for which you would not be required to pay if you were not covered under this Plan unless charges are received from and reimbursable to the United States Government or any of its agencies as required by law; or f. Furnished by or payable under any plan or law through any government or any political subdivision (this does not include Medicare or Medicaid); g. Furnished for a military service connected sickness or bodily injury by or tmder an agreement with a department or agency of the United States Government, including the Department of Veterans Affairs; h. Perfornled in association with a service that is not covered tmder this Plan; 1. Performed as a result of a complication arising from a service that is not covered under this Plan; 2. Routine vision examinations or testing; services to correct eye refractive disorders; radial keratotomy, refractive keratoplasty or any other surgel)Jto correct myopia, hyperopia or stigmatic error; or, the purchase, fitting or repair of eyeglass frames and lenses or contact lenses, unless specifically provided under this Plan; 3. Vision therapy (eye exercises to strengthen the muscles of the eye); 4. Routine hearing examinations; 5. Hearing aids, the fitting or repair of hearing aids or advice on their care; implantable hearing devices; 6. Routine physical examinations and related services for occupation, employment, school, sports, camp, travel, purchase of insurance or premarital tests or examinations, unless specifically provided under this Plan; 7. Immunizations required for foreign travel; 8. Elective medical or surgical abortion unless: a. The pregnancy would endanger the life of the mother; or b. The pregnancy is a result ofrape or incest; or c. The fetus has been diagnosed with a lethal or otherwise significant abnormality; 26 ASOCOJ07 Limitations and Exclusions Continued 9. All fertility testing or services performed to achieve pregnancy or ovulation by artificial means, including but not limited to, artificial insemination, in vitro fertilization, spermatogenesis, gamete intra fallopian transfer (GIFT), zygote intm fallopian tmnsfer (ZIFT), tubal ovum transfer, embryo freezing or transfer and sperm banking; 10. Services related to gender change; 11. Services for a reversal of sterilization; 12. Cosmetic surgery and cosmetic services or devices, unless for reconstructive surgery. a. Resulting from a bodily injury, infection or other disease of the involved part, when functional impairment is present; or b. Resulting from a congenital disease or anomaly of a covered dependent child which resulted in a functional impairment. c. A functional impairment is defined as a direct measumble reduction of physical performance of an organ or body part. Expense incurred for reconstructive surgery performed due to the presence of a psychological condition are not covered, unless the condition(s) described above are also met; 13. Hair prosthesis, hair tmnsplants or hair implants; 14. Dental services or appliances for the treatment of the teeth, gums, jaws or alveolar processes, including but not limited to, implants and related procedures, routine dental extmctions and orthodontic procedures, unless specifically provided under this Plan; 15. Dental osteotomies; 16. Surgical or non-surgical treatment including but not limited to, appliances and thempy, for any jaw joint problem including any temporomandibular joint disorder, craniomaxillary, craniomandibular disorder or other conditions of the joint linking the jaw bone and skull. Surgical or non-surgical treatment of the facial muscles used in expression and mastication functions, for symptoms including but not limited to, headaches; 17. Services which are: a. Rendered in connection with a mental disorder not classified in the International Classification of Diseases of the U.S. Department of Health and Human Services; b. Extended beyond the period necessary for evaluation and diagnosis of learning and behavioral disabilities or for mental retardation; Specifically excluded are marriage counseling and services for autism; 18. Court ordered mental disordel~ chemical dependence or alcoholism services; 19. Education or tmining, except for diabetes self-management tmining; 20. Educational or vocational therapy, testing, services or schools, including thempeutic boarding schools and other therapeutic environments. Educational or vocational videos, tapes, books and similar materials are also excluded; 27 tI, '~, ASOCOJ07 Limitations and Exclusions Continued 21. Expenses for services that are primarily and customarily used for environmental control or enhancement (whether or not prescribed by a qualified practitionelJ and certain medical devices including, but not limited to: a. Common household items including air conditioners, air purifiers, water purifiers, vacuum cleaners, waterbeds, hypoallergenic mattresses or pillows or exercise equipment; b. Motorized transportation equipment (e.g. scooters), escalators, elevators, ramps or modifications or additions to living/working quarters or transportation vehicles; c. Personal hygiene equipment including bath/shower chairs, transfer equipment or supplies or bed side commodes; d. Personal comfort items including cervical pillows, gravity lumbar reduction chairs, swimming pools, whirlpools, spas or saunas; e. Medical equipment including blood pressure monitoring devices, breast pumps, PUV A lights and stethoscopes; f. Communication system, telephone, television or computer systems and related equipment or similar items or equipment; g. Communication devices, except after surgical removal of the larynx or a diagnosis of permanent lack of function of the larynx; 22. Any medical treatment, procedure, drug, biological product or device which is experimental, investigational or for research pUlposes, unless otherwise specified in the Plan; 23. Pre-existing conditions to the extent specified in the Definitions section; 24. Services not medically necessary for diagnosis and treatment of a bodily injury or sickness; 25. Charges in excess of the maximum allowable fee for the service, 26. Services provided by a person who ordinarily resides in your home or who is afami{v member, 27. Any expense incurred prior to your effective date lUlder the Plan or after the date your coverage under the Plan terminates, except as specifically described in this Plan; 28. Expenses incurred for which you are entitled to receive benefits under your previous dental or medical plan; 29. Any expense due to the covered person's: a. Engaging in an illegal occupation; or b. Commission of or an attempt to commit a criminal act; 31. Any loss caused by or contributed to: a. War or any act of war, whether declared or not; b. Insurrection; or c. Any act of armed conflict, or any conflict involving armed forces of any authority; 32. Any expense incurred for services received outside of the United States while you are residing outside of the United States for more than six months in a year except as required by law for emergency care services; 28 ASOCOJ07 Limitations and Exclusions Continued 33. Birth control pills; 34. Treatment of nicotine habit or addiction, including, but not limited to hypnosis, smoking cessation products, classes or tapes; 35. Vitamins, dietary supplements and dietary formulas (except enteral formulas for the treatment of genetic metabolic diseases, e.g. phenylketonuria (PKU); 36. Over the counter, non-prescription medications; 37. Medication, drugs or hormones to stimulate growth unless there IS a laboratory confirmed diagnosis of growth hormone deficiency, as determined by the Plan; 38. Therapy and testing for treatment of allergies including, but not limited to, services related to clinical ecology, environmental allergy and allergic immune system dysregulation and sublingual antigen(s), extracts, neutralization test and/or treatment UNLESS such therapy or testing is approved by: . a. The American Academy of Allergy and Immunology, or b. The Department of Health and Human Services or any of its offices or agencies; 39. Professional pathology or radiology charges, including but not limited to, blood counts, multi- channel testing, and other clinical chemistry tests, when: a. The services do not require a professional interpretation, or b. The qualified practitioner did not provide a specific professional interpretation of the test results of the covered person; 40. Services related to the treatment and/or diagnosis of sexual dysfunction/impotence; 41. Any treatment, including but not limited to, surgical procedures: a. For obesity, including morbid obesity b. For obesity including morbid obesity for the purpose of treating a sickness or bodily injury caused by, complicated by, or exacerbated by the obesity; 42. Expenses for health clubs or health spas, aerobic and strength conditioning, work-hardening programs or weight loss or similar programs, and all related material and product for these programs; 43. Alternative medicine, 44. Acupuncture, unless: a. The treatment is medically necessary and appropriate and is provided within the scope of the acupuncturist's license; b. You are directed to the acupuncturist for treatment by a licensed physician; and c. The acupuncture is performed in lieu of generally accepted anesthesia practices; 45. Services rendered in a premenstrual syndrome clinic or holistic medicine clinic; 46. Services of a midwife, unless provided by a Certified Nurse Midwife; 29 .. .. ASOCOJ07 Limitations and Exclusions Continued 47. The following types of care of the feet: a. Shock wave therapy of the feet; b. The treatment of weak, strained, flat, unstable or unbalanced feet; c. Hygienic care, and the treatment of superficial lesions of the feet, such as corns, calluses or hyperkeratosis; d. The treatment of tarsalgia, metatarsalgia, or bunion, except surgically; e. The cutting of toenails, except the removal of the nail matrix; f. The provision of heel wedges, lifts or shoe inserts; and g. The provision of arch supports or orthopedic shoes, unless medically necessary because of diabetes or hammertoe; 48. Custodial care and maintenance cart; 49 . Weekend non-emergency hospital admissions, specifically admissions to a hospital on a Friday or Saturday at the convenience of the covered person or his or her qualified practitioner when there is no cause for an emergency admission and the covered person receives no surgelyor therapeutic treatment until the following Monday; 50. Hospital inpatient services when you are in observation status; 51. Services rendered by a standby physician, surgical assistant, assistant surgeon, physician assistant, registered nurse or certified operating room technician unless medicanv necesswy, 52. Private duty nursing; other than in an inpatient hospital; 53. Ambulance services for routine transportation to, from or between medical facilities and/or a qualified practitioner's office; 54. Preadmission/procedural testing duplicated during a hospital confinement, 55. Lodging accommodations or transportation, unless specifically provided under this Plan; 56. Communications or travel time; 57. No benefits will be provided for: a. Immunotherapy for recurrent abortion; b. Chemonucleolysis; c. Biliary lithotripsy; d. Home uterine activity monitoring; e. Sleep therapy; f. Light treatments for Seasonal Affective Disorder (S.A.D.); g. Immunotherapy for food allergy; h. Prolotherapy; 1. Cranial banding; J. Hyperhydroosis surge1y, k. Lactation therapy; or 1. Sensory integration therapy; 30 ASOCOJ07 Limitations and Exclusions Continued 58. Sickness or bodily injury for which medical payments/personal injury protection (PIP) coverage exists under any automobile, homeowner, marine, aviation, premise, or any other similar coverage, whether such coverage is in effect on a primary, secondary, or excess basis. This exclusion applies up to the available limit under the other coverage regardless of whether a claim is filed with the medical payments/PIP carrier. Whether medical payment or expense coverage is payable under another coverage is to be determined as if the coverages under this Plan did not exist; 59. Any covered expenses to the extent of any amount received from others for the bodily injuries or losses which necessitate such benefits. "Amounts received from others" specifically includes, without limitation, liability insurance, worker's compensation, uninsured motorists, underinsured motorists, "no-fault" and automobile med-pay payments; 60. Any bodily injury or sickness arising from or sustained in the course of any occupation or employment for compensation, profit or gain for which: a. Benefits are provided or payable under any Workers' Compensation or Occupational Disease Act or Law, or b. Coverage was available tmder any Workers' Compensation or Occupational Disease Act or Law regardless of whether such coverage was actually purchased. NOTE: These limitations and exclusions apply even if a qualified practitioner has performed or prescribed a medically necessary procedure, treatment or supply. This does not prevent your qualified practitioner from providing or performing the procedure, treatment or supply, however, the procedure, treatment or supply will not be a covered expense. 31 -f ASOCOJ08 ELIGIBILITY AND EFFECTIVE DATE OF COVERAGE OPEN ENROLLMENT Once annually you will have a choice of enrolling yourse(( and your eligible dependents in this Plan. You will be notified in advance when the open enrollment period is to begin and how long it will last. If you decline coverage for yourself or your dependents at the time you are initially eligible for coverage, you will be able to enroll yourself and/or eligible dependents during the Open Enrollment Period. Your coverage will be subject to the pre-e.:tisting condition limitation. EMPLOYEE ELIGIBILITY You are eligible for coverage if the following conditions are met: 1. You are an eligible employee as defined in the Personnel Policy Manual or City Ordinance. Temporary, seasonal, or part-time employees are not eligible for health benefits; or 2. You are an elected or appointed official; and 3. You are in active status. Your eligibility date is yourdate of hire. EMPLOYEE EFFECTIVE DATE OF COVERAGE You must enroll in a manner acceptable to the Plan Manager. 1. If your completed enrollment is received by the Plan Manager before your eligibility date or within 31 days after your eligibility date, your coverage is effective on your eligibility date. 2. If your completed enrollment is received by the Plan Manager more than 31 days after your eligibility date, you are a late applicant and your coverage will be subject to the pre-e.:tisting condition (medical) limitation as defined within the Definitions section of this booklet. Coverage will be effective immediately following receipt of yourcompleted enrollment. EMPLOYEE DELAYED EFFECTIVE DATE If the employee is not in active status on the effective date of coverage, coverage will be effective the day the employee returns to active status. The employer must notify the Plan Manager in writing of the employee'sreturn to active status. 32 ASOCOJ08 Eligibility and Effective Date of Coverage Continued DEPENDENT ELIGIBILITY Each dependentis eligible for coverage on: 1. The date the employee is eligible for coverage, if he or she has dependents who may be covered on that date; or 2. The date of the employee'smarriage for any dependent acquired on that date; or 3. The date of birth of the employee's natural-born child; or 4. The date a child is placed for adoption under the employee's legal guardianship, or the date which the employee incurs a legal obligation for total or partial support in anticipation of adoption; or 5. The date a covered employee 'schild is determined to be eligible as an alternate recipient under the terms of a medical child support order. The covered employee may cover dependents only if the employee is also covered. Check with your employer immediately on how to enroll for dependent coverage. Late enrollment will result in your dependents' coverage being subject to the pre-existing condition (medical) limitation as defined within the Definitions section of this booklet. No person may be simultaneously covered as both an employee and a dependent. If both parents are eligible for coverage, only one may enroll for dependent coverage. DEPENDENT EFFECTIVE DATE OF COVERAGE If the employee wishes to add a newborn dependent to the Plan and a change in the employee's level of coverage is not required, enrollment must be completed and submitted to the Plan Manager. The newborn dependentwill be covered on the date he or she is eligible. If the employee wishes to add a dependent (other than a newborn) to the Plan, the dependent's effective date of coverage is deternlined as follows: 1. If the completed enrollment is received by the Plan Manager before the dependent's eligibility date or within 31 days after the dependent's eligibility date, that dependentis covered on the date he or she is eligible. 2. If the completed enrollment is received by the Plan Manager more than 31 days after the dependent's eligibility date, the dependent is a late applicant. The dependent's coverage will be subject to the pre-existing condition (medical) limitation as defined within the Definitions section of this booklet. Coverage will be effective the first of the month following receipt of the dependent's completed enrollment. No dependent's effective date will be prior to the covered employee's effective date of coverage. A dependent child who becomes eligible for other group coverage through any employment is no longer eligible for coverage under this Plan. If your dependent child becomes an eligible employee of the employer, he or she is no longer eligible as your dependent and must make application as an eligible employee. 33 4_ ,. ASOCOJ08 Eligibility and Effective Date of Coverage Continued MEDICAL CHILD SUPPORT ORDERS An individual who is a child of a covered employee shall be enrolled for coverage under the Plan in accordance with the direction of a Qualified Medical Child Support Order (QMCSO) or a National Medical Support Notice (NMSN). A QMCSO is a state court order or judgment, including approval of a settlement agreement that: (a) provides for support of a covered employee's child; (b) provides for health care coverage for that child; (c) is made under state domestic relations law (including a community property law); (d) relates to benefits under the Plan; and (e) is "qualified" in that it meets the technical requirements of ERISA or applicable state law. QMCSO also means a state court order or judgment that enforces a state Medicaid law regarding medical child support required by Social Security Act ~ 1908 (as added by Omnibus Budget Reconciliation Act of 1993). An NMSN is a notice issued by an appropriate agency of a state or local government that is similar to a QMCSO that requires coverage under the Plan for the dependent child of a non-custodial parent who is (or will become) a covered person by a domestic relations order that provides for health care coverage. Procedures for determining the qualified status of medical child support orders are available at no cost upon request from the Plan Administrator. PRE-EXISTING CONDITION LIMITATION Benefits for pre-existing conditions are limited under the Plan. Pre-existing condition is defined in the Definitions section of this booklet. Once you or your dependents obtain health plan coverage, you are entitled to use evidence of that coverage to reduce or eliminate any pre-existing condition limitation period that might otherwise be imposed when you become covered under a subsequent health plan. Evidence may include a certificate of prior creditable coverage The length of any pre-existing condition limitation period under the subsequent health plan must be reduced by the number of days of creditable coverage Prior to imposing a pre-e.:'(isting condition limitation, the Plan Manager will: 1. Notify you in writing of the existence and ternlS of any pre-e"lCisting condition limitation; 2. Notify you of yow'right to request a certificate of creditable coverage from any applicable prior plans; 3. Notify you of your right to submit evidence of creditable coverageto the Plan Managerto reduce the length of any pre-e"lCisting condition limitation; and 4. Offer to request a certificate of prior creditable coverage on yourbehalf. 34 '" ASOCOJ08 Eligibility and Effective Date of Coverage Continued If, after receiving evidence of creditable coverage, the Plan Manager determines the creditable coverage is not sufficient to completely offset the Plan's pre-existing condition limitation period, the Plan Manager will: 1. Notify you in writing of its determination; 2. Notify you ofthe source and substance of any information on which it relied; and 3. Provide an explanation of appeal procedures and allow a reasonable opportunity to submit additional evidence of creditable coverage The Plan Manager may modify an initial determination of creditable coverage if it determines the individual did not have the claimed creditable coverage, provided the Plan Manager. 1. Notifies you of such reconsideration in writing disclosing its determination; 2. Notifies you with the source and substance of any information on which it relied; and 3. Provides an explanation of appeal procedures and allows a reasonable opportunity to submit additional evidence of creditable coverage Alternate means of providing evidence of creditable coverage may include an explanation of benefits, correspondence from a plan, pay stubs showing a payroll deduction of premium for health plan coverage, third party statements verifying period(s) of coverage, information obtained by telephone, and any other relevant document providing evidence ofperiod(s) of health coverage. SPECIAL PROVISIONS FOR NOT BEING IN ACTIVE STATUS If your employer continues to pay required contributions and does not ternlinate the Plan, your coverage will remain in force for: 1. No longer than the end of the calendar month during part-time status; 2. No longer than the end of the calendar month during an approved leave of absence; 3. No longer than the end of 18 months or the duration of an approved military leave of absence, whichever is shorter; 4. No longer than the end of the calendar month of a layoff; 5. No longer than the end of the calendar month during a period of total disability. 35 i .. ASOCOJ08 Eligibility and Effective Date of Coverage Continued REINSTATEMENT OF COVERAGE FOLLOWING INACTIVE STATUS If your coverage tmder the Plan was terminated after a period oflayoff, total disability, approved leave of absence, approved military leave of absence (other than USERRA) or during part-time status, and you are now returning to work, your coverage is effective immediately on the day you return to work, subject to any pre-e.;'(isting condition limitation. The eligibility period requirement and will be waived with respect to the reinstatement of your coverage. If your coverage under the Plan was terminated due to a period of service in the uniformed services covered under the Unifonned Services Employment and Reemployment Rights Act of 1994, your coverage is effective immediately on the day you return to work. Eligibility waiting periods and pre- e.x:isting condition limitations will be imposed only to the extent they were applicable prior to the period of service in the uniformed services. F AMIL Y AND MEDICAL LEAVE ACT (FMLA) If you are granted a leave of absence (Leave) by the employer as required by the Federal Family and Medical Leave Act, you may continue to be covered under the Plan for the duration of the Leave under the same conditions as other employees who are in active status and covered by the Plan. If you choose to terminate coverage during the Leave, or if coverage terminates as a result of nonpayment of any required contribution, coverage may be reinstated on the date you return to active status immediately following the end of the Leave. Charges incurred after the date of reinstatement will be paid as if you had been continuously covered. RETIREE COVERAGE If you are an early retiree under age 65 with at least 20 years of continuous service, you may continue coverage under the Plan with retiree benefits for you and any of your eligible dependents until you turn age 65, provided such coverage was effective at the time of your retirement. Please see your employer for more details. SURVIVORSHIP COVERAGE If the employee dies while covered under the Plan, the surviving spouse and any eligible dependents may continue coverage under the Plan as per federal, state stature, or city ordinance. Any dependents acquired through the remarriage of the employee's surviving spouse will not be eligible for coverage under the Plan. 36 .. ASOCOJ08 Eligibility and Effective Date of Coverage Continued SPECIAL ENROLLMENT If you previously declined coverage under this Plan for yourse(f or any eligible dependents, due to the existence of other health coverage (including COBRA), and that coverage is now lost, this Plan permits you, your dependent spouse, and any eligible dependents to be enrolled for medical and dental benefits under this Plan due to any ofthe following qualifying events: 1. Loss of eligibility for the coverage due to any of the following: a. Legal separation; b. Divorce; c. Cessation of dependent status (such as attaining the limiting age); d. Death; e. Termination of employment; f. Reduction in the number of hours of employment; g. Any loss of eligibility after a period that is measured by reference to any of the foregoing. h. Meeting or exceeding a lifetime limit on all benefits; 1. Plan no longer offering benefits to a class of similarly situated individuals, which includes the employee. However, loss of eligibility does not include a loss due to failure of the individual or the participant to pay premiums on a timely basis or termination of coverage for cause (such as making a fraudulent claim or an intentional misrepresentation of a material fact in connection with the plan). 2. Employer contributions towards the other coverage have been terminated. Employer contributions include contributions by any current or former employer (of the individual or another person) that was contributing to coverage for the individual. 3. COBRA coverage under the other plan has since been exhausted. The previously listed qualifying events apply only if you stated in writing at the previous enrollment the other health coverage was the reason for declining enrollment, but only if your employer requires a written waiver of coverage which includes a warning of the penalties imposed on late enrollees. If you are a covered employee or an otherwise eligible employe~ who either did not enroll or did not enroll dependents when eligible, you now have the opportunity to enroll yourselfand/or any previously eligible dependents or any newly acquired dependents when due to any of the following family status changes: 1. Marriage; 2. Birth; or 3. Adoption or placement for adoption. 37 i 'f,' ASOCOJ08 Eligibility and Effective Date of Coverage Continued You may elect coverage under this Plan provided enrollment is within 31 days from the qualifying event. You MUST provide proof that the qualifying event has occurred due to one of the reasons listed before coverage under this Plan will be effective. Coverage under this Plan will be effective the date immediately following the date of the qualifying event, unless otherwise specified in this section. In the case ofa dependent'sbirth, enrollment is effective on the date of such birth. In the case of a dependent's adoption or placement for adoption, enrollment is effective on the date of such adoption or placement for adoption. If you become eligible for coverage under this Plan through the special enrollment provision, benefits under the Plan will be subject to the pre-existing condition limitation as defined within the Definitions section of this booklet. If you apply more than 31 days after a qualifying event, you are considered a late applicant and coverage will be subject to the pre-e.xisting condition limitation as defined within the Definitions section of this booklet. Please see your employer for more details. 38 e: , ASOCOJ09 TERMINATION OF COVERAGE Coverage tenninates on the earliest of the following: 1. The date the Plan tenninates; 2. The end of the period for which any required contribution was due and not paid; 3. The date you enter full-time military, naval or air service, except coverage may continue during an approved military leave of absence as indicated in the Special Provisions For Not Being in Active Status provision; 4. The date you fail to be in an eligible class of persons according to the eligibility requirements of the employer, 5. For all employees, immediately following tennination of employment with your employer, 6. For all employees, immediately following your retirement; 7. For any benefit, the date the benefit is removed from the Plan; 8. For your dependents, the date your coverage terminates; 9. For a dependen~ the date the dependent enters full-time military, naval or air service; 10. For a dependen~ the date such covered person no longer meets the definition of dependent, or 11. The date you request termination of coverage to be effective for yourself and! or your dependents. IF YOU OR ANY OF YOUR COVERED DEPENDENTS NO LONGER MEET THE ELIGIBILITY REQUIREMENTS, YOU AND YOUR EMPLOYER ARE RESPONSIBLE FOR NOTIFYING THE PLAN MANAGER OF THE CHANGE IN STATUS. COVERAGE WILL NOT CONTINUE BEYOND THE LAST DATE OF ELIGIBILITY EVEN IF NOTICE HAS NOT BEEN GIVEN TO THE PLAN MANAGER 39 _ t ASOCOJ 11 IMPORTANT NOTICE FOR EMPLOYEES AND SPOUSES AGE 65 AND OVER Federal law may affect your coverage under this Plan. The Medicare as Secondary Payer rules were enacted by an amendment to the Social Security Act. Also, additional rules which specifically affect how a large group health plan provides coverage to employees (or their spouses) over age 65 were added to the Social Security Act and to the Internal Revenue Code. Generally, the health care plan of an employer that has at least 20 employees must operate in compliance with these ndes in providing plan coverage to plan participants who have "current employment status" and are Medicare beneficiaries, age 65 and over. Persons who have "cunent employment status" with an employer are generally employees who are actively working and also persons who are NOT actively working as follows: · Individuals receiving disability benefits from an employer for up to 6 months, or · Individuals who retain employment rights and have not been terminated by the employer and for whom the employer continues to provide coverage under this Plan. (For example, employees who are on an approved leave of absence.) If you are a person having "current employment status" who is age 65 and over (or the dependent spouse age 65 and over of an employee of any age), your coverage under this Plan will be provided on the same terms and conditions as are applicable to employees (or dependent spouses) who are under the age of 65. Your rights under this Plan do not change because you (or your dependent spouse) are eligible for Medicare coverage on the basis of age, as long as you have "current employment status" with your employel: You have the option to reject plan coverage offered by your employer, as does any eligible employee. If you reject coverage under your employer's Plan, coverage is terminated and your employer is not permitted to offer you coverage that supplements Medicarecovered services. If you (or your dependent spouse) obtain Medicare coverage on the basis of age, and not due to disability or end-stage renal disease, this Plan will consider its coverage to be primary to Medicare when you have elected coverage under this Plan and have "current employment status". If you have any questions about how coverage under this Plan relates to Medicarecoverage, please contact your employer. 40 ~, ~ ASOC0J12 CONTINUATION OF MEDICAL AND DENTAL BENEFITS THE CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT OF 1986 (COBRA) CONTINUATION OF BENEFITS On April 7, 1986, the Consolidated Omnibus Budget Reconciliation Act (COBRA) was signed into law. This federal law applies to employers with 20 or more employees. The law requires that employers offer employees and/or their dependents continuation of medical and dental coverage at group rates in certain instances where there is a loss of group insurance coverage. ELIGIBILITY A qualified beneficiary under COBRA law means an employee, employee's spouse or dependent child covered by the Plan on the day before a qualifying event. A qualified beneficiary under COBRA law also includes a child born to the employee during the coverage period or a child placed for adoption with the employee during the coverage period. EMPLOYEE: An employee covered by the employer's Plan has the right to elect continuation coverage if coverage is lost due to one of the following qualifying events: . Termination (for reasons other than gross misconduct, as defined by your employer) of the employee's employment or reduction in the hours of employee 's employment; or . Termination of retiree coverage when the former employer discontinues retiree coverage within one year before or one year after filing for Chapter 11 bankruptcy. SPOUSE: A spouse covered by the employer's Plan has the right to elect continuation coverage if the group coverage is lost due to one of the following qualifying events: . The death of the employee, . Termination of the employee's employment (for reasons other than gross misconduct, as defined by your employer) or reduction ofthe employee's hours of employment with the employer, . Divorce or legal separation from the employee, . The employee becomes entitled to Medicarebenefits; or . Termination of a retiree spouse's coverage when the former employer discontinues retiree coverage within one year before or one year after filing for Chapter 11 bankruptcy. DEPENDENT CHILD: A dependent child covered by the employer's Plan has the right to continuation coverage if group coverage is lost due to one of the following qualifying events: . The death of the employee parent; . The ternlination of the employee parent's employment (for reasons other than gross misconduct, as defined by your employer) or reduction in the employee parent's hours of employment with the employer, . The employeeparent's divorce or legal separation; . Ceasing to be a " dependent child" under the Plan; . The employee parent becomes entitled to Medicarebenefits; or . Termination of the retiree parent's coverage when the former employer discontinues retiree coverage within one year before or one year after filing for Chapter 11 bankruptcy. 41 -i ~ ASOC0J12 COBRA Continued LOSS OF COVERAGE Coverage is lost in connection with the foregoing qualified events, when a covered employee, spouse or dependent child ceases to be covered under the same Plan terms and conditions as in effect immediately before the qualifying event (such as an increase in the premium or contribution that must be paid for employee, spouse or dependent child coverage). If coverage is reduced or eliminated in anticipation of an event (for example, an employer eliminating an employee's coverage in anticipation of the termination of th-e employee's employment, or an employee eliminating the coverage of the employee's spouse in anticipation of a divorce or legal separation), the reduction or elimination is disregarded in determining whether the event causes a loss of coverage. A loss of coverage need not occur immediately after the event, so long as it occurs before the end of the Maximum Coverage Period. NOTICES AND ELECTION The Plan provides that coverage terminates, for a spouse due to legal separation or divorce or for a child when that child loses dependent status. Under the law, the employee or qualified beneficiary has the responsibility to inform the Plan Administrator (see Plan Description Information) if one of the above events has occurred. The qualified beneficiary must give this notice within 60 days after the event occurs. (For example, an ex-spouse should make sure that the Plan Administrator is notified of his or her divorce, whether or not his or her coverage was reduced or eliminated in anticipation of the event). When the Plan Administrator is notified that one of these events has happened, it is the Plan Administrator's responsibility to notify the Plan Manager who has contracted with a COBRA Service Provider who will in turn notify the qualified beneficiary of the right to elect continuation coverage. For a qualified beneficiary who is determined under the Social Security Act to be disabled at any time during the first 60 days of COBRA coverage, the continuation coverage period may be extended 11 additional months. The disability that extends the I8-month coverage period must be determined under Title II (Old Age, Survivors, and Disability Insurance) or Title XVI (Supplemental Security Income) of the Social Security Act. To be entitled to the extended coverage period, the disabled qualified beneficiary must provide notice to the COBRA Service Provider within the initial 18 month coverage period and within 60 days after the date of the determination of disability under the Social Security Act. Failure to provide this notice will result in the loss of the right to extend the COBRA continuation period. For termination of employment, reduction in work hours, the death of the employee, the employee becoming covered by Medicare or loss of retiree benefits due to bankruptcy, it is the Plan Administrator's responsibility to notify the Plan Managerwho has contracted with a COBRA Service Provider who will in turn notify the qualified beneficiary of the right to elect continuation coverage. Under the law, continuation coverage must be elected within 60 days after Plan coverage ends, or if later, 60 days after the date of the notice of the right to elect continuation coverage. If continuation coverage is not elected within the 60 day period, the right to elect coverage under the Plan will end. A covered employee or the spouse of the covered employee may elect continuation coverage for all covered dependents, even if the covered employee or spouse of the covered emplo,vee or all covered dependents are covered under another group health plan (as an employee or otherwise) prior to the election. The covered employee, his or her spouse and dependent child, however, each have an independent right to elect continuation coverage. Thus a spouse or dependent child may elect continuation coverage even if the covered employee does not elect it. 42 \o:!'.' .. ASOC0J12 COBRA Continued Coverage will not be provided during the election period. However, if the individual makes a timely election, covemge will be provided from the date that coverage would otherwise have been lost. If covemge is waived before the end of the 60 day election period and the waiver revoked before the end of the 60 day election period, covemge will be effective on the date the election of coverage is sent to the COBRA Service Provider. On August 6, 2002, The Tmde Act of2002 (TAA), was signed in to law. Workers whose employment is adversely affected by international tmde (increased import or shift in production to another country) may become eligible to receive TAA. TAA provides a second 60-day COBRA election period for those who become eligible for assistance under T AA. Pursuant to the Tmde Act of 1974, an individual who is either an eligible TAA recipient or an eligible alternative TAA recipient and who did not elect continuation covemge during the 60-day COBRA election period that was a direct consequence of the TAA-related loss of coverage, may elect continuation covemge during a 60-day period that begins on the first day of the month in which he or she is determined to be TAA-eligible individual, provided such election is made not later than 6 months after the date of the T AA-related loss of covemge. Any continuation coverage elected during the second election period will begin with the first day of the second election period and not on the date on which coverage originally lapsed. T AA created a new tax credit for certain individuals who became eligible for tmde adjustment assistance (eligible individuals). Under the new tax provisions, eligible individuals can either take a tax credit or get advance payment of 65% of premiums paid for qualified health insurance, including continuation coverage. If you have questions about these new tax provisions, you may call the Health Care Tax Credit Customer Contact Center toll-free at 1-866-628-4282. TTDtTTY callers may call toll-free at 1-866-626-4282. The Plan Administmtor shall require documentation evidencing eligibility of T AA benefits. The Plan need not require every available document to establish evidence ofTAA. The burden for evidencing TAA eligibility is that of the individual applying for covemge under the Plan. MAXIMUM COVERAGE PERIOD Coverage may continue up to: . 18 months for an employee and! or dependent whose group coverage ended due to termination of the employee'semployment or reduction in hours of employment; . 36 months for a spouse whose coverage ended due to the death of the employee or retiree, divorce, or the employee becoming entitled to Medicareat the time of the initial qualifying event; . 36 months for a dependent child whose covemge ended due to the divorce of the employee parent, the employee becoming entitled to Medicare at the time of the initial qualifying event, the death of the employee, or the child ceasing to be a dependent under the Plan; . For the retiree, until the date of death of the retiree who is on continuation. due to loss of coverage within one year before or one year after the employer filed Chapter 11 bankruptcy. 43 '" ~ ASOC0J12 COBRA Continued DISABILITY An II-month extension of coverage may be available if any of the qualified beneficiaries are detemlined by the Social Security Administration (SSA) to be disabled. The disability has to have started at some time before the 60th day of COBRA continuation coverage and must last at least until the end of the 18- month period of continuation coverage. The qualified beneficiary must provide notice of such determination prior to the end of the initial 18-month continuation period to be entitled to the additional 11 months of coverage. Each qualified beneficiary who has elected continuation coverage will be entitled to the II-month disability extension if one of them qualifies. If a qualified beneficiary is determined by SSA to no longer be disabled, you must notify the Plan of that fact within 30 days after SSA's determination. SECOND QUALIFYING EVENT An 18-month extension of coverage will be available to spouses and dependent children who elect continuation coverage if a second qualifying event occurs during the first 18 months of continuation coverage. The maximum amount of continuation coverage available when a second qualifying event occurs is 36 months. Such second qualifying event may include the death of a covered employee, divorce or separation from the covered employee, the covered employee's becoming entitled to Medicare benefits (under Part A, Part B, or both), or a dependent child's ceasing to be eligible for coverage as a dependent under the Plan. These events can be a second qualifying event only if they would have caused the qualified beneficiary to lose coverage under the Plan if the first qualifying event had not occurred. You must notify the Plan within 60 days after the second qualifying event occurs if you want to extend your continuation coverage. TERMINATION BEFORE THE END OF MAXIMUM COVERAGE PERIOD Continuation coverage will terminate before the end of the maximum coverage period for any of the following reasons: · The employerno longer provides group health coverage to any of its employees; · The premium for continuation is not paid timely; · The individual on continuation becomes covered under another group health plan (as an employee or otherwise); however, if the new plan coverage contains any exclusion or limitation with respect to any pre-existing condition, then continuation coverage will end for this reason only after the exclusion or limitation no longer applies or prior creditable coverage satisfies the exclusion or limitation; NOTE: the federal Health Insurance Portability and Accountability Act of 1996 requires portability of health care coverage effective for plan years beginning after June 30, 1997, an exclusion or limitation under the other group health plan may not apply at all to the qualified beneficiary, depending on the length of his or her prior creditable coverage. Portability means once you obtain health insurance, you will be able to use evidence of that insurance to reduce or eliminate any pre-existing medical condition limitation period (under certain circumstances) when you move from one health plan to another. 44 ASOC0J12 COBRA Continued . The individual on continuation becomes entitled to Medicare benefits; . If there is a final determination under Title II or XVI of the Social Security Act that an individual is no longer disabled; however, continuation coverage will not end until the month that begins more than 30 days after the determination; · The occurrence of any event (e.g. submission of a fraudulent claim) permitting termination of coverage for cause under the Plan. TYPE OF COVERAGE; PREMIUM PAYMENT If continuation coverage is elected, the coverage must be identical to the coverage provided under the employer's Plan to similarly situated non-COBRA beneficiaries. This means that if the coverage for similarly situated non-COBRA beneficiaries is modified, coverage for the individual on continuation will be modified. The initial premium payment for continuation coverage is due by the 45th day after coverage is elected. The initial premium includes charges back to the date the continuation coverage began. All other premiums are due on the first of the month for which the premium is paid, subject to a 31 day grace period. The COBRA Service Provider must provide the individual with a quote of the total monthly premmm. Premium for continuation coverage may be increased, however, the premium may not be increased more than once in any determination period. The determination period is a 12 month period which is established by the Plan. The monthly premium payment to the Plan for continuing coverage must be submitted directly to the COBRA Service Provider. This monthly premium may include the employee's share and any portion previously paid by the emploYe!: The monthly premium must be a reasonable estimate of the cost of providing coverage under the Plan for similarly situated non-COBRA beneficiaries. The premium for COBRA continuation coverage may include a 2% administration charge. However, for qualified beneficiaries who are receiving up to 11 months additional coverage (beyond the first 18 months) due to disability extension (and not a second qualifying event), the premium for COBRA continuation coverage may be up to 150% of the applicable premium for the additional months. Qualified beneficiaries who do not take the additional 11 months of special coverage will pay up to 102% of the premium cost. OTHER INFORMATION Additional information regarding rights and obligations under the Plan and under federal law may be obtained by contacting the COBRA Service Provider or the Plan Manager. It is important for the covered person or qualified beneficiary to keep the Plan Administrator, COBRA Service Provider and Plan Manger informed of any changes in marital status, or a change of address. 45 COBRA Continued PLAN CONTACT INFORMATION Ceridian COBRA Continuation Services 3201 34th Street South St. Petersburg, FL 33711-3828 1-800-488-8757 Humana Insurance Company Billing/Enrollment Department 101 E. Main Street Louisville, KY 40201 Toll Free: 1-800-872-7207 HumanaDental Insurance Company P.O. Box 14209 Lexington, KY 40512-4209 1-800-232-2006 46 ~ ASOCOJ 12 " ASOC0J12 THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT OF 1994 (USERRA) CONTINUATION OF BENEFITS Effective October 13, 1994 federal law requires that health plans must offer to continue coverage for employees who are absent due to service in the uniformed services and! or their dependents. Coverage may continue for up to 18 or 24 months after the date the employee is first absent due to uniformed service. ELIGIBILITY An employee is eligible for continuation under USERRA if absent from employment because of voluntary or involuntary performance of duty in the Armed Forces, Army National Guard, Air National Guard, or the commissioned corps of the Public Health Service, or any other category of persons designated by the President of the United States of America in a time of war or national emergency. Duty includes absence for active duty, active duty for training, initial active duty for training, inactive duty training, full-time National Guard duty, and for the purpose of an examination to determine fitness for duty. An employee's dependents who have coverage under the Plan immediately prior to the date of the employee'scovered absence are eligible to elect continuation under USERRA. PREMIUM PAYMENT If continuation of Plan coverage is elected under USERRA, the employee or dependent is responsible for payment of the applicable cost of coverage. If the employee is absent for less than 31 days, the cost will be the amount the employee would otherwise pay for coverage. For absences longer than 30 days, the cost may be up to 102% of the cost of coverage under the Plan. This includes the employee's share and any portion previously paid by the employer. DURA TION OF COVERAGE Elected continuation coverage under USERRA will continue until the earlier of: . 18 months beginning the first day of absence from employment due to service in the uniformed services for elections made prior to 12/10104; or . 24 months beginning the first day of absence from employment due to service in the uniformed services for elections beginning on or after 12/10104; or . The day after the employee fails to apply for or return to employment as required by USERRA, after completion of a period of service. Under federal law, the period of coverage available under USERRA shall run concurrently with the COBRA period available to an employeeandlor eligible dependents. OTHER INFORMATION Employees should contact their employer with any questions regarding coverage normally available during a military leave of absence or continuation coverage and notify the employer of any changes in marital status, or a change of address. 47 jC ASOC0J13 COORDINATION OF BENEFITS BENEFITS SUBJECT TO THIS PROVISION Benefits described in this Plan are coordinated with benefits provided by other plans under which you are also covered. (Note: The Prescription Drug benefit is not subject to these coordination provisions). This is to prevent duplication of coverage and a resulting increase in the cost of medical or dental coverage. For this purpose, a plan is one which covers medical or dental expenses and provides benefits or services by group, franchise or blanket insurance coverage. This includes group-type contracts not available to the general public, obtained and maintained only because of the covered person's membership in or connection with a particular organization or group, whether or not designated as franchise, blanket, or in some other fashion. Plan also includes any coverage provided through the following: 1. Employer, trustee, union, employee benefit, or other association; or 2. Governmental programs, programs mandated by state statute, or sponsored or provided by an educational institution. This Coordination of Benefits provision does not apply to any individual policies or Blanket Student Accident Insurance provided by or through an educational institution. Allowable expense means any eligible expense, a portion of which is covered under one of the plans covering the person for whom claim is made. Each plan will determine what is an allowable expense according to the provisions of the respective plan. When a plan provides benefits in the fornl of services rather than cash payments, the reasonable cash value of each service rendered will be deemed to be both an allowable expense and a benefit paid. EFFECT ON BENEFITS One of the plans involved will pay benefits first. This is called the primary plan. All other plans are called secondary plans. When this Plan is the secondary plan, the sum of the benefit payable will not exceed 100% of the total allowable expenses incurred under the Plan and any other plans included under this provision. ORDER OF BENEFIT DETERMINATION In order to pay claims, it must be determined which plan is primary and which planes) are secondary. A plan will pay benefits first ifit meets one of the following conditions: 1. The plan has no coordination of benefits provision; 2. The plan covers the person as an employee; 3. For a child who is covered under both parents' plans, the plan covering the parent whose birthday (month and day) occurs first in the calendar yeai'pays before the plan covering the other parent. If the birthdates of both parents are the same, the Plan which has covered the person for the longer period oftime will be determined the primary plan; If a plan other than this Plan does not include provision 3, then the gender rule will be followed to determine which plan is primary. 48 ,i ASOC0J13 Coordination of Benefits Continued 4. In the case of dependent children covered under the plans of divorced or separated parents, the following rules apply: a. The plan of a parent who has custody will pay the benefits first; b. The plan of a step-parent who has custody will pay benefits next; c. The plan of a parent who does not have custody will pay benefits next; d. The plan of a step-parent who does not have custody will pay benefits next. There may be a court decree which gives one parent financial responsibility for the medical or dental expenses of the dependent children. If there is a court decree, the rules stated above will not apply if they conflict with the court decree. Instead, the plan of the parent with financial responsibility will pay benefits first. 5. If a person is laid off or is retired or is a dependent of such person, that plan covers after the plan covering such person as an active employee or dependent of such employee. If the other plan does not have this rule, and if, as a result, the plans do not agree on the order of benefits, this rule will be ignored. If the above rules do not apply or cannot be determined, then the plan that covered the person for the longest period of time will pay first. COORDINATION OF BENEFITS WITH MEDICARE When an employer employs 100 or more persons, the benefits of the Plan will be payable first for a covered person who is under age 65 and eligible for Medicare. The benefits of Medicare will be payable second. MEDICARE PART A means the Social Security program that provides hospital insurance benefits. MEDICARE PART B means the Social Security program that provides medical insurance benefits. For the purposes of determining benefits payable for any covered person who is eligible to enroll for Medicare Part B, but does not, the Plan Manager assumes the amount payable under Medicare Part B to be the amount the covered person would have received if he or she enrolled for it. A covered person is considered to be eligible for Medicare on the earliest date coverage under Medicare could become effective for him or her. OPTIONS Federal Law allows the Plan's actively working covered employees age 65 or older and their covered spouses who are eligible for Medicareto choose one ofthe following options: OPTION 1 - The benefits of the Plan will be payable first and the benefits of Medicare will be payable second. 49 t:( /!l ASOCOJl4 Reimbursement/Subrogation Continued DUTY TO COOPERATE IN GOOD FAITH You are obliged to cooperate with the Plan Manager in order to protect the Plan's recovery rights. Cooperation includes promptly notifying the Plan Managerthat you may have a claim, providing the Plan Manager relevant information, and signing and delivering such documents as the Plan Manager reasonably request to secure the Plan's recovery rights. You agree to obtain the Plan's consent before releasing any party from liability for payment of medical or dental expenses. You agree to provide the Plan Manager with a copy of any summons, complaint or any other process serviced in any lawsuit in which you seek to recover compensation for your bodily injury or sickness and its treatment. You will do whatever is necessary to enable the Plan Manager to enforce the Plan's recovery rights and will do nothing after loss to prejudice the Plan's recovery rights. You agree that you will not attempt to avoid the Plan's recovery rights by designating all (or any disproportionate part) of any recovery as exclusively for pain and suffering. Failure of the covered person to provide the Plan Manager such notice or cooperation, or any action by the covered person resulting in prejudice to the Plan's rights will be a material breach of this Plan and will result in the covered person being personally responsible to make repayment. In such an event, the Plan may deduct from any pending or subsequent claim made under this Plan any amotmts the covered person owes the Plan until such time as cooperation is provided and the prejudice ceases. 52 '!'; .;.., ASOC0J70 GENERAL PROVISIONS The following provisions are to protect your legal rights and the legal rights of the Plan. INCONTESTABILITY After you are covered under this Plan without interruption for two years, the Plan cannot contest the validity of your coverage except for: 1. Nonpayment of premium; 2. Your ineligibility under the' Plan; 3. Any Plan provision; 4. Any fraudulent misrepresentation made by yoU; or 5. Any defenses the Plan may have by law. An independent incontestability period begins for each type of change in coverage or when the Plan requires a new employee enrollment form. This provision only limits the Plan's rights to void your coverage after you have been covered without interruption for two years. RIGHT TO REQUEST OVERPAYMENTS The Plan reserves the right to recover any payments made by the Plan that were: 1. Made in error; or 2. Made to you or any party on your behalf where the Plan determines the payment to you or any party is greater than the amount payable under this Plan. The Plan has the right to recover against you if the Plan has paid you or any other party on your behalf. WORKERS' COMPENSATION NOT AFFECTED The Plan is not issued in lieu of, nor does it affect any requirement for coverage by any Workers' Compensation or Occupational Disease Act or Law. 53 ... ,~ Asocono General Provisions Continued WORKERS' COMPENSATION Ifbenefits are paid by the Plan and the Plan determines you received Workers' Compensation for the same incident, the Plan has the right to recover as described under the Reimbursement/Subrogation provision. The Plan will exercise its right to recover against you even though: 1. The Workers' Compensation benefits are in dispute or are made by means of settlement or compromise; 2. No final determination is made that bodi(v injwyor sickness was sustained in the course of or resulted from your employment; 3. The amount of Workers' Compensation due to medical or health care is not agreed upon or defined by you or the Workers' Compensation carrier; 4. The medical or health care benefits are specifically excluded from the Workers' Compensation settlement or compromise. You hereby agree that, in consideration for the coverage provided by the Plan, you will notify the Plan Manager of any Workers' Compensation claim you make, and that you agree to reimburse the Plan as described above. MEDICAID This Plan will not take into account the fact that an employee or dependent is eligible for medical assistance or Medicaid under state law with respect to enrollment, determining eligibility for benefits, or paying claims. If payment for Medicaid benefits has been made under a state Medicaid plan for which payment would otherwise be due under this Plan, payment of benefits under this Plan will be made in accordance with a state law which provides that the state has acquired the rights with respect to a covered employee to the benefits payment. CONSTRUCTION OF PLAN TERMS The Plan Manager has the sole right to construe and prescribe the meaning, scope and application of each and all of the terms of the Plan, including, without limitation, the benefits provided thereunder, the obligations of the beneficiary and the recovery rights of the Plan; such construction and prescription by the Plan Manager shall be final and uncontestable. PRIVACY OF PROTECTED HEAL TH INFORMATION The Plan is required by law to maintain the privacy of your protected health iJiformation in all forms including written, oral and electronically maintained, stored and transmitted information and to provide individuals with notice of the Plan's legal duties and privacy practices with respect to protected health information. 54 " ,'" ASOC0J70 General Provisions Continued The Plan has policies and procedures specifically designed to protect your health information when it is in electronic format. This includes administrative, physical and technical safeguards to ensure that your health information cannot be inappropriately accessed while it is stored and transmitted to the Plan Managerand others that support the Plan. In order for the Plan to operate, it may be necessary from time to time for health care professionals, the Plan Administrator, individuals who perform Plan-related functions under the auspices of the Plan Administrator, the Plan Managerand other service providers that have been engaged to assist the Plan in discharging its obligations with respect to delivery of benefits, to have access to what is referred to as protected health information. A covered person will be deemed to have consented to use of protected health information about him or her by virtue of enrollment in the Plan. Any individual who may not have intended to provide this consent and who does not so consent must contact the Plan Administrator prior to filing any claim for Plan benefits, as coverage under the Plan is contingent upon consent. Individually identifiable health information will only be used or disclosed for purposes of Plan operation or benefits delivery. In that regard, only the minimum necessary disclosure will be allowed. The Plan Administrator, Plan Manager, and other entities given access to protected health information, as permitted by applicable law, will safeguard protected health information to ensure that the information is not improperly disclosed. Disclosure of protected health information is improper if it is not allowed by law or if it is made for any purpose other than Plan operation or benefits delivery. Disclosure for Plan purposes to persons authorized to receive protected health information may be proper, so long as the disclosure is allowed by law and appropriate under the circumstances. Improper disclosure includes disclosure to the employer for employment purposes, employee representatives, consultants, attorneys, relatives, etc. who have not executed appropriate agreements effective to authorize such disclosure. The Plan Manager will afford access to protected health information in its possession only as necessary to discharge its obligations as a service provider, within the restrictions noted above. However, Plan records that include protected health information are the property of the Plan. Information received by the Plan Manager is information received on behalf ofthe Plan. The Plan Managerwill afford access to protected health information as reasonably directed in writing by the Plan Administrator, which shall only be made with due regard for confidentiality. In that regard, the Plan Manager has been directed that disclosure of protected health information may be made to the person(s) designated by the Plan Administrator. Individuals who have access to protected health information in connection with their performance of Plan-related functions under the auspices of the Plan Administrator will be trained in these privacy policies and relevant procedures prior to being granted any access to protected health information. The Plan Managerand other Plan service providers will be required to safeguard protected health information against improper disclosure through contractual arrangements. 55 ~@"" ~ ASOC0J70 General Provisions Continued In addition, you should know that the employer I Plan Sponsor may legally have access, on an as-needed basis, to limited health information for the purpose of determining Plan costs, contributions, Plan design, and whether Plan modifications are warranted. In addition, federal regulators such as the Department of Health and Human Services and the Department of Labor may legally require access to protected health inforrnationto police federal legal requirements about privacy. Covered persons may have access to protected health information about them that is in the possession of the Plan, and they may make changes to correct errors. Covered persons are also entitled to an accounting of all disclosures that may be made by any person who acquires access to protected health information conceming them and uses it other than for Plan operation or benefits delivery. In this regard, please contact the Plan Administrator. Covered persons are urged to contact the originating health care professional with respect to medical or dental information that may have been acquired from them, as those items of information are relevant to medical care and treatment. And finally, covered persons may consent to disclosure of protected health information, as they please. 56 .~ '--:f ASOC0J71 CLAIMS PROCEDURES SUBMITTING A CLAIM This section describes what a covered person (or his or her authorized representative) must do to file a claim for Plan benefits. . A claim must be filed with the Plan Manager in writing and delivered to the Plan Manager, by mail, postage prepaid. However, a submission to obtain pre-authorization may also be filed with the Plan Manager by telephone (this applies to dental Plans only with respect to urgent care claims). . Claims must be submitted to the Plan Manager at the address indicated in the documents describing the Plan or claimant's identification card. Claims will not be deemed submitted for purposes ofthese procedures unless and until received at the correct address. . Also, claims submissions must be in a format acceptable to the Plan Managerand compliant with any applicable legal requirements. Claims that are not submitted in accordance with the requirements of applicable federal law respecting privacy of protected health or dental information and/or electronic claims standards will not be accepted by the Plan. . Claims submissions must be timely. Claims must be filed as soon as reasonably possible after they are incurred, and in no event later than 6 months after the date of loss, except if you were legally incapacitated. Plan benefits are only available for claims that are incurred by a covered person during the period that he or she is covered under the Plan. . Claims submissions must be complete. They must contain, at a minimum: a. The name ofthe covered person who incurred the covered expense, b. The name and address of the health or dental care provider; c. The diagnosis of the condition; d. The procedure or nature of the treatment; e. The date of and place where the procedure or treatment has been or will be provided; f. The amount billed and the amount of the covered expense not paid through coverage other than Plan coverage, as appropriate; g. Evidence that substantiates the nature, amount, and timeliness of each covered expense in a format that is acceptable according to industry standards and in compliance with applicable law. Presentation of a prescription to a pharmacy does not constitute a claim. If a covered person is required to pay the cost of a covered prescription drug, however, he or she may submit a claim based on that amount to the Plan Manager. A general request for an interpretation of Plan provisions will not be considered to be a claim. Requests of this type, such as a request for an interpretation of the eligibility provisions of the Plan, should be directed to the Plan Administrator. 57 .-' I- ASOC0J71 Claims Procedures Continued Medical claims, correspondence should be mailed to: Humana Claims Office P.O. Box 14610 Lexington, KY 40512-4610 DENTAL Dental claims and correspondence should be mailed to: HumanaDental Claims Office P.O. Box 14611 Lexington, Kentucky 40512-4611 MISCELLANEOUS MEDICAL CHARGES If you accumulate bills for medical items you purchase or rent yourself, send them to the Plan Manager at least once every three months during the year (quarterly). The receipts must include the patient name, name of item, date item purchased or rented and name of the provider of service. PROCEDURAL DEFECTS If a pre-service claim submission is not made in accordance with the Plan's procedural requirements, the Plan ManagerwiII notify the claimant of the procedural deficiency and how it may be cured no later than within five (5) days (or within 24 hours, in the case of an urgent care claim) following the failure. A post- service claim that is not submitted in accordance with these claims procedures will be returned to the submitter. ASSIGNMENTS AND REPRESENTATIVES A covered person may assign his or her right to receive Plan benefits to a health or dental care provider only with the consent of the Plan Manager, in its sole discretion, except as may be required by applicable law. Assignments must be in writing. If a doclIDlent is not sufficient to constitute an assignment, as determined by the Plan Manager, then the Plan will not consider an assignment to have been made. An assignment is not binding on the Plan until the Plan Manager receives and acknowledges in writing the original or copy of the assignment before payment of the benefit. If benefits are assigned in accordance with the foregoing paragraph and a health or dental care provider submits claims on behalf of a covered pen5011, benefits will be paid to that health or dental care provider. 58 "'<e- ASOC0J71 Claims Procedures Continued In addition, a covered person may designate an authorized representative to act on his or her behalf in pursuing a benefit claim or appeal. The designation must be explicitly stated in writing and it must authorize disclosure of Protected Health Information with respect to the claim by the Plan, the Plan Manager and the authorized representative to one another. If a document is not sufficient to constitute a designation of an authorized representative, as determined by the Plan Manager, then the Plan will not consider a designation to have been made. An assignment of benefits does not constitute designation of an authorized representative. . Any document designating an authorized representative must be submitted to the Plan Manager in advance, or at the time an authorized representative commences a course of action on behalf of a claimant At the same time, the authorized representative should also provide notice of commencement of the action on behalf ofthe claimant to the claiman~ which the Plan Manager may verify with the claimant prior to recognizing the authorized representative status. · In any event, a health or dental care provider with knowledge of a claimant's medical or dental condition acting in connection with an urgent care claim will be recognized by the Plan as the claimant's authorized representative. Covered persons should carefully consider whether to designate an authorized representative. An authorized representative may make decisions independent of the covered person, such as whether and how to appeal a claim denial. CLAIMS DECISIONS After submission of a claim by a claiman~ the Plan Managerwill notify the claimant within a reasonable time, as follows: PRE-SERVICE CLAIMS The Plan Manager will notify the claimant of a favorable or adverse determination within a reasonable time appropriate to the medical or dental circumstances, but no later than 15 days after receipt of the claim by the Plan. However, this period may be extended by an additional 15 days, ifthe Plan Manager determines that the extension is necessary due to matters beyond the control of the Plan. The Plan Manager will notify the affected claimant of the extension before the end of the initial 15-day period, the circumstances requiring the extension, and the date by which the Plan expects to make a decision. If the reason for the extension is because of the claimant's failure to submit information necessary to decide the claim, the notice of extension will describe the required information. The claimantwill have at least 45 days from the date the notice is received to provide the specified information. 59 .' f: ASOC0J71 Claims Procedures Continued URGENT CARE CLAIMS The Plan Manager will detennine whether a claim is an urgent care claim This determination will be made on the basis of information furnished by or on behalf of a claimant In making this determination, the Plan Manager will exercise its judgment, with deference to the judgment of a physician with knowledge of the claimant'scondition. Accordingly, the Plan Managermay require a claimant to clarify the medical or dental urgency and circumstances that support the urgent care claim for expedited decision-making. The Plan Manager will notify the claimant of a favorable or adverse determination as soon as possible, taking into account the medical or dental exigencies particular to the claimant's situation, but not later than 72 hours after receipt of the urgent care claim by the Plan. However, if a claim is submitted that does not provide sufficient information to deternline whether, or to what extent, expenses are covered or payable under the Plan, notice will be provided by the Plan Manager as soon as possible, but not more than 24 hours after receipt of the urgent care claim by the Plan. The notice will describe the specific infonnation necessary to complete the claim. · The claimant will have a reasonable amount of time, taking into account his or her circumstances, to provide the necessary information but not less than 48 hours. · The Plan 1l1anagerwill notify the claimant of the Plan's urgent care claim determination as soon as possible, but in no event more than 48 hours after the earlier of: a. The Plan's receipt of the specified infonnation; or b. The end of the period afforded the claimant to provide the specified additional infornlation. CONCURRENT CARE DECISIONS The Plan Manager will notify a claimant of a concurrent care decision that involves a reduction in or termination of benefits that have been pre-authorized. The Plan Manager will provide the notice sufficiently in advance of the reduction or tennination to allow the claimant to appeal and obtain a deternlination on review of the adverse determination before the benefit is reduced or terminated. A request by a claimant to extend a course of treatment beyond the period of time or number of treatments that is a claim involving urgent care will be decided by the Plan Manageras soon as possible, taking into account the medical or dental exigencies. The Plan Manager will notify a claimant of the benefit determination, whether adverse or not within 24 hours after receipt of the claim by the Plan, provided that the claim is submitted to the Plan at least 24 hours prior to the expiration of the prescribed period of time or mmlber of treatments. POST-SERVICE CLAIMS The Plan Manager will notify the claimant of a favorable or adverse determination within a reasonable time, but not later than 30 days after receipt of the claim by the Plan. 60 ~ '" ASOC0J71 Claims Procedures Continued However, this period may be extended by an additional 15 days, if the Plan Manager determines that the extension is necessary due to matters beyond the control of the Plan. The Plan Manager will notify the affected claimant of the extension before the end of the initial 30-day period, the circumstances requiring the extension, and the date by which the Plan expects to make a decision. If the reason for the extension is because of the claimant's failure to submit information necessary to decide the claim, the notice of extension will describe the required information. The claimantwill have at least 45 days from the date the notice is received to provide the specified information. The Plan Manager will make a decision no later than 15 days after the earlier of the date on which the information provided by the claimant is received by the Plan or the expiration of the time allowed for submission of the additional information. TIMES FOR DECISIONS The periods of time for claims decisions presented above begin when a claim is received by the Plan, in accordance with these claims procedures. PAYMENT OF CLAIMS Many health care providers will request an assignment of benefits as a matter of convenience to both provider and patient. Also as a matter of convenience, the Plan Manager will, in its sole discretion, assume that an assignment of benefits has been made to certain Network Providers. In those instances, the Plan Manager will make direct payment to the hospita~ clinic, dentist, or physician's office, unless the Plan Manager is advised in writing that you have already paid the bill. If you have paid the bill, please indicate on the original statement, "paid by employee," and send it directly to the Plan Manager. You will receive a written explanation of the benefit determination. The Plan Managerreserves the right to request any information required to determine benefits or process a claim. You or the provider of services will be contacted if additional information is needed to process your claim. When an employee's child is subject to a medical child support order, the Plan Manager will make reimbursement of eligible expenses paid by you, the child, the child's non-employee custodial parent, or legal guardian, to that child or the child's custodial parent, or legal guardian, or as provided in the medical child support order. Payment of benefits under this Plan will be made in accordance with an assignment of rights for you and your dependents as required under state Medicaid law. Benefits payable on behalf of you or your covered dependent after death will be paid, at the Plan's option, to any family member(s) or your estate. The Plan Manager will rely upon an affidavit to determine benefit payment, unless it receives written notice of valid claim before payment is made. The affidavit will release the Plan from further liability. Any payment made by the Plan Manager in good faith will fully discharge it to the extent of such payment. Payments due under the Plan will be paid upon receipt of written proof of loss. 61 .} 4' ASOC0J71 Claims Procedures Continued INITIAL DENIAL NOTICES Notice of a claim denial (including a partial denial) will be provided to claimants by mail, postage prepaid, or bye-mail, as appropriate, within the time frames noted above. However, notices of adverse decisions involving urgent care claims may be provided to a claimant orally within the time frames noted above for expedited urgent care claim decisions. If oral notice is given, written notification will be provided to the claimant no later than 3 days after the oral notification. A claims denial notice will state the specific reason or reasons for the adverse determination, the specific Plan provisions on which the determination is based, and a description of the Plan's review procedures and associated timeline. The notice will also include a description of any additional material or information necessary for the claimant to perfect the claim and an explanation of why such material or information is necessary. The notice will describe the Plan's review procedures and the time limits applicable to such procedures, including a statement of the claimant's right to bring a civil action under ERISA Section 502(a) following an adverse benefit determination on review. The notice will also disclose any internal Plan rule, protocol or similar criterion that was relied on to deny the claim. A copy of the rule, protocol or similar criterion relied upon will be provided to a claimant free of charge upon request. If the adverse determination is based on medical necessity, dental necessity, experimental, investigational or for research purposes, or similar exclusion or limit, the notice will provide either an explanation of the scientific or clinical judgment for the determination, applying the ternlS of the Plan to the claimant's medical or dental circumstances, or a statement that such explanation will be provided free of charge upon request. In the case of an adverse decision of an urgent care claim, the notice will provide a description of the Plan's expedited review procedures applicable to such claims. APPEALS OF ADVERSE DETERMINATIONS A claimant must appeal an adverse determination within 180 days after receiving written notice of the denial (or partial denial). With the exception of urgent care claims and concurrent care decisions, the Plan uses a two level appeals process for all adverse deternlinations. The Plan Manager will make the determination on the first level of appeal. If the claimant is dissatisfied with the decision on this first level of appeal, or if the Plan Manager fails to make a decision within the time frame indicated below, the claimant may appeal again to the Plan Manage!: Urgent care claims and concurrent care decisions are subject to a single level appeal process only, with the Plan Manager making the detennination. 62 ~ ~ ASOC0J71 Claims Procedures Continued A first level appeal must be made by a claimant by means of written application, in person, or by mail (postage prepaid), addressed to: For Medical Claims: Humana G&A P.O. Box 14610 Lexington, KY 40512-4610 For Dental Claims: HumanaDental Claims Office P.O. Box 14611 Lexington, KY 40512-4611 A second level appeal must be made by a claimant by means of written application, in person, or by mail (postage prepaid), addressed to: For Medical Claims: Humana G&A P.O. Box 14610 Lexington, KY 40512-4610 For Dental Claims: HumanaDental Claims Office P.O. Box 14611 Lexington, K Y 40512-4611 Appeals of denied claims will be conducted promptly, will not deferto the initial determination, and will not be made by the person who made the initial adverse claim determination or a subordinate of that person. The determination will take into account all comments, documents, records, and other information submitted by the claimant relating to the claim. A claimant may review relevant documents and may submit issues and comments in writing. A claimant on appeal may, upon request, discover the identity of medical or vocational experts whose advice was obtained on behalf of the Plan in connection with the adverse determination being appealed, as permitted under applicable law. If the claims denial being appealed is based in whole, or in part, upon a medical or dental judgment, including determinations with regard to whether a particular treatment, drug, or other item is experimental, investigational, or for research purposes, or not medically necessary or appropriate, the person deciding the appeal will consult with a health care professional who has appropriate training and experience in the field of medicine involved in the medical or dental judgment. The consulting health care professional will not be the same person who decided the initial appeal or a subordinate ofthat person. Time Periods for Decisions on Appeal -- First Level Appeals of claims denials will be decided and notice of the decision provided as follows: Concurrent Care Decisions As soon as possible, but not later than 72 hours after the Plan Manager receives the appeal request. (If oral notification is given, written notification will follow in hard copy or electronic format within the next 3 da s . Within a reasonable period, but not later than 15 days after the Plan Mana erreceives the a eal re uest. Within a reasonable period but no later than 30 days after the Plan Mana erreceives the a eal re uest. Within the time periods specified above, depending upon the type of claim involved. Urgent Care Claims Pre-Service Claims Post-Service Claims 63 "" -i ASOC0J71 Claims Procedures Continued Time Periods for Decisions on Appeal -- Second Level Appeals of claims denials will be decided and notice of the decision provided as follows: Pre-Service Claims Within a reasonable period, but not later than 15 days after the Plan Mana erreceives the a eal re uest. Within a reasonable period but no later than 30 days after the Plan Mana erreceives the a eal re uest. Post-Service Claims APPEAL DENIAL NOTICES Notice of a benefit determination on appeal will be provided to claimants by mail, postage prepaid, or by e-mail, as appropriate, within the time frames noted above. A notice that a claim appeal has been denied will convey the specific reason or reasons for the adverse detemlination and the specific plan provisions on which the detennination is based. The notice will also disclose any intemal Plan rule, protocol or similar criterion that was relied on to deny the claim. A copy of the rule, protocol or similar criterion relied upon will be provided to a claimant free of charge upon request. If the adverse detennination is based on a medical or dental necessity or experimental, investigational, or for research pwposes or similar exclusion or limit, the notice will provide either an explanation of the scientific or clinical judgment for the detemlination, applying the terms of the Plan to the claimant's medical circumstances, or a statement that such explanation will be provided free of charge upon request. In the event of a denial of an appealed claim, the claimant on appeal will be entitled to receive, upon request and without charge, reasonable access to and copies of any document, record or other information: 1. Relied on in making the detennination. 2. Submitted, considered or generated in the course of making the benefit determination. 3. That demonstrates compliance with the administrative processes and safeguards required with respect to such determinations. 4. That constitutes a statement of policy or guidance with respect to the Plan concerning the denied treatment, without regard to whether the statement was relied on. RIGHT TO REQUIRE MEDICAL EXAMINATIONS (Applies only to medical Plans) The Plan has the right to require that a medical examination be performed on any claimant for whom a claim is pending as often as may be reasonably required. If the Plan requires a medical examination, it will be performed at the Plan's expense. The Plan also has a right to request an autopsy in the case of death, if state law so allows. 64 't ~ ASOC0J71 Claims Procedures Continued EXHAUSTION Upon completion of the appeals process under this section, a claimant will have exhausted his or her administrative remedies under the Plan. If the Plan Manager fails to complete a claim determination or appeal within the time limits set forth above, the claimant may treat the claim or appeal as having been denied, and the claimant may proceed to the next level in the review process. After exhaustion, a claimant may pursue any other legal remedies available to him or her which may include bringing a civil action. Additional information may be available from a local U.S. Department of Labor Office. LEGAL,ACTIONS AND LIMITATIONS No action at law or inequity may be brought with respect to Plan benefits until all remedies under the Plan have been exhausted and then prior to the expiration of the applicable limitations period under applicable law. 65 ; ~ ASOCOJ72 DEFINITIONS Active status means performing on a regular, full-time basis all customary occupational duties, for: 30 hours per week, at the employer's business locations or when required to travel for the employer's business purposes. Each day of a regular paid vacation and any regular non-working holiday will be deemed active status if you were in an active status on your last regular working day prior to the vacation or holiday. Alternative medicine means an approach to medical diagnosis, treatment or therapy that has been developed or practiced NOT using the generally accepted scientific methods in the United States of America. For purposes of this definition, alternative medicine shall include, but is not limited to: acupressure, acupuncture, aroma therapy, ayurveda, biofeedback, faith healing, guided mental imagery, herbal medicine, holistic medicine, homeopathy, hypnosis, macrobiotics, naturopathy, ozone therapy, reflexotherapy, relaxation response, rolfing, shiatsu and yoga. Beneficiary means you and your covered dependent(s), or legal representative of either, and anyone to whom the rights of you or your covered dependent(s} may pass. Bodily injury means injury due directly to an accident and independent of all other causes. Muscle strain due to athletic or physical activity is considered a sickness. Calendar year means a period of time beginning on January 1 and ending on December 31. Case management means the process of assessing whether an alternative plan of care would more effectively provide medically necessary health care services in an appropriate setting. Claimant means a covered person (or authorized representative) who files a claim. COBRA Service Provider means a provider of COBRA administrative services retained by the Plan Managerto provide specific COBRA administrative services. Complications of pregnancy means: 1. Conditions whose diagnoses are distinct from pregnancy but adversely affected by pregnancy or caused by pregnancy. Such conditions include: acute nephritis, nephrosis, cardiac decompensation, hyperemesis gravidarum, puerperal infection, toxemia, eclampsia and missed abortion; 2. A nonelective cesarean section surgical procedure; 3. Terminated ectopic pregnancy; or 4. Spontaneous termination of pregnancy which occurs during a period of gestation in which a viable birth is not possible. 66 1< ASOC0J72 Definitions Continued Complications of pregnancy does not mean: 1. False labor; 2. Occasional spotting; 3. Prescribed rest during the period of pregnancy; 4. Conditions associated with the management of a difficult pregnancy but which do not constitute distinct complications of pregnancy; or 5. An elective cesarean section. Concurrent care decision means a decision by the Plan to reduce or terminate benefits otherwise payable for a course of treatment that has been approved by the Plan (other than by Plan amendment or termination) or a decision with respect to a request by a claimant to extend a course of treatment beyond the period of time or number of treatments that has been approved by the Plan. Concurrent review means the process of assessing the continuing medical necessity, appropriateness, or utility of additional days of hospital confinemen~ outpatient care, and other health care services. Confinement means being a resident patient in a hospital or a qualified treatment facility for at least 15 consecutive hours per day. Successive confinements are considered one confinement if: 1. Due to the same bodily injury or sickness, and 2. Separated by fewer than 30 consecutive days when you are not confined. Copaymentmeans the amount to be paid by you for each applicable medical service. Cosmetic surgery means surgery performed to reshape structures of the body in order to change your appearance or improve self-esteem. Covered expense means services incurred by you or your covered dependents due to bodily injwy or sickness for which benefits may be available under the Plan. Covered expenses are subject to all provisions of the Plan, including the limitations and exclusions. Covered person means the employee or any of the employee's covered dependents. Creditable coverage means the total time of prior continuous health plan coverage periods used to reduce the length of any pre-existing condition limitation period applicable to you or your dependents under this Plan where these prior continuous health coverage(s) existed with no more than a 63-consecutive day lapse in coverage. Custodial care means services provided to assist in the activities of daily living which are not likely to improve your condition. Examples include, but are not limited to, assistance with dressing, bathing, toileting, transferring, eating, walking and taking medication. These services are considered custodial care regardless if a qualified practitioner or provider has prescribed, recommended or performed the services. 67 " ~ ASOC0J72 Definitions Continued Dental injury is an injury caused by a sudden, violent, and external force that could not be predicted in advance and could not be avoided. Dental injwy does not include chewing injuries. Dependentmeans a covered employee's: 1. Legally recognized spouse; 2. Unmarried natural blood related child, step-child, legally adopted child or child placed with the employee for adoption, or child for which the employee has legal guardianship whose age is less than the limiting age. Each child must legally qualify as a dependent as defined by the United States Internal Revenue Service and be declared on and legally qualify as a dependent on the employee 's federal personal income tax retum filed for each year of coverage. The limiting age for each dependentchild is: to the end of the month of his/her 23rd birthday; or to the end of the month of his/her 25th birthday, if such child is in regular full-time attendance at an accredited secondary school, college or university. The dependent child must be enrolled for sufficient course credits to maintain full-time status as defined by that school. A dependent child continues to be eligible for coverage for up to four months following the close of a school term only if enrolled as a full-time student for the following school term. a. b. Adopted children and children placed for adoption are subject to all terms and provisions of the Plan, with the exception of the pre-existing condition (medical) limitation. 3. A covered employee's child whose age is less than the limiting age and is entitled to coverage under the provisions of this Plan because of a medical child support order; You must furnish satisfactory proof to the Plan Manager upon request that the above conditions continuously exist. If satisfactory proof is not submitted to the Plan Manager, the child's coverage will not continue beyond the last date of eligibility. A covered dependent child who attains the limiting age while covered under the Plan will remain eligible for benefits if all of the following exist at the same time: I. Mentally retarded or permanently physically handicapped; 2. Incapable of self-sustaining employment; 3. The child meets all of the qualifications of a dependent as determined by the United States Internal Revenue Service; 4. Declared on and legally qualify as a dependent on the employee's federal personal income tax return filed for each year of coverage; and 5. Unmarried. 68 ~ ASOC0J72 Definition Dependent Continued You must furnish satisfactory proof to the Plan Managerthat the above conditions continuously exist on and after the date the limiting age is reached. The Plan Manager may not request such proof more often than annually after two years from the date the first proof was furnished. If satisfactory proof is not submitted to the Plan Manager, the child's coverage will not continue beyond the last date of eligibility. Durable medical equipment (DME) means equipment that is medically necessary and able to withstand repeated use. It must also be primarily and customarily used to serve a medical purpose and not be generally useful to a person except for the treatment of a bodily injury or sickness. Emergency means an acute, sudden onset of a sickness or bodily injury which is life threatening or will significantly worsen without immediate medical or surgical treatment. Employee means you, as an employee, when you are permanently employed and paid a salary or earnings and are in an active status at your employer's place of business . Employermeans the sponsor of the Group Plan or any subsidiary(s). Expense incurred means the fee charged for services provided to you. The date a service is provided is the expense incurred date. Experimental, investigational or for research purposes: A service is experimental, investigational or for research purposes if the Plan Manager determines; 1. The service cannot be lawfully marketed without approval of the U.S. Food and Drug Administration and approval for marketing has not been given at the time the service is furnished; or 2. The service or your informed consent document utilized with the service was reviewed and approved by the treating facility's Institutional Review Board or other body serving a similar function, or if federal law requires such review and approval; or . 3. Reliable evidence shows that the service is the subject of on-going phase I or phase II clinical trials; is the research, experimental, study or investigational arm of ongoing phase III clinical trials; or is otherwise under study to determine its maximum tolerated dose, its toxicity, its safety, its efficacy, or its efficacy as compared with a standard means of treatment or diagnosis; or 4. Reliable evidence shows that the prevailing opinion among experts regarding the service is that further studies or clinical trials are necessary to determine its maximum tolerated dose, its toxicity, its safety, its efficacy or its efficacy as compared with a standard means of treatment or diagnosis. 5. Reliable evidence will mean only published reports and articles in the authoritative medical and scientific literature; the written protocol or protocols used by the treating facility or the protocol(s) of another facility studying substantially the same service, or the written informed consent used by the treating facility or by another facility studying substantially the same service. Family member means you or your spouse, or you or your spouse's child, brother, sister, parent, grandchild or grandparent. 69 ;!~. l' ASOC0J72 Definitions Continued Free-standing surgical facility means a public or private establishment licensed to perform surgery and which has permanent facilities that are equipped and operated primarily for the purpose of performing surgery. It does not provide services or accommodations for patients to stay overnight. Hospitalmeans an institution which: 1. Maintains permanent full-time facilities for bed care of resident patients; 2. Has a physician and surgeon in regular attendance; 3. Provides continuous 24 hour a day nursing services; 4. Is primarily engaged in providing diagnostic and therapeutic facilities for medical or surgical care of sick or injured persons; 5. Is legally operated in the jurisdiction where located; and 6. Has surgical facilities on its premises or has a contractual agreement for surgical services with an institution having a valid license to provide such surgical services; or 7. Is a lawfully operated qualified treatment facility certified by the First Church of Christ Scientist, Boston, Massachusetts. Hospital does not include an institution which is principally a rest home, skilled nursing facility, convalescent home or home for the aged. Hospital does not include a place principally for the treatment of alcoholism, chemical dependence or mental disorders. Late applicant means an employee and/or an employee's eligible dependent who applies for medical and dental coverage more than 31 days after the eligibility date. Maintenance care means any service or activity which seeks to prevent bodi(v injury or sickness, prolong life, promote health or prevent deterioration of a covered person who has reached the maximum level of improvement or whose condition is resolved or stable. Maximum allowablefeefor a service means the lesser of: 1. The fee most often charged in the geographical area where the service was perfornled; 2. The fee most often charged by the provider; 3. The fee which is recognized as reasonable by a prudent person; 4. The fee determined by comparing charges for similar services to a national data base adjusted to the geographical area where the services or procedures were performed; or 70 !) ~ ASOC0J72 Definitions Continued 5. The fee determined by using a national relative value scale. Relative value scale means a methodology that values medical procedures and services relative to each other that includes, but is not limited to, a scale in terms of difficulty, work, risk, as well as the material and outside costs of providing the service., as adjusted to the geographic area where the services or procedures were performed. Maximum bel1efitmeans the maximum amount that may be payable for each covered person, for expense incurred The applicable maximum benefit is shown on the Schedule of Benefits. No further benefits are payable once the maximum benefit is reached. Medically necessary or medical necessity means the extent of services required to diagnose or treat a bodily injury or sickness which is known to be safe and effective by the majority of qualified practitioners who are licensed to diagnose or treat that bodily injury or sickness. Such services must be: 1. Performed in the least costly setting required by your condition; 2. Not provided primarily for the convenience ofthe patient or the qualified practitioner, 3. Appropriate for and consistent with your symptoms or diagnosis of the sickness or bodily injury under treatment; 4. Furnished for an appropriate duration and frequency in accordance with accepted medical practices, and which are appropriate for your symptoms, diagnosis, sickness or bodily injury, and 5. Substantiated by the records and documentation maintained by the provider of service. Medicaremeans Title XVIII, Parts A and B of the Social Security Act, as enacted or amended. Mental disorder means a mental, nervous, or emotional disease or disorder of any type as classified in the Diagnostic and Statistical Manual of Mental Disorders, regardless of the cause or causes of the disease or disorder. Morbid obesity means a body mass index (BMI) of 40 kilograms per mass squared or 100 pounds or more over your ideal weight as determined by the Metropolitan Life Height and Weight Tables for Men and Women, as of the date of service. Orthotic means a custom-fitted or custom-made braces, splints, casts, supports and other devices used to support, align, prevent, or correct deformities or to improve the function of movable parts of the body when prescribed by a qualified practitioner. 71 ;I'" r ASOCOJ72 Definitions Continued Partial h08pitalization means those services offered by a program: 1. Must be medically necessary, and 2. Not custodial care, and 3. Not day-care; and 4. Accredited by the Joint Commission on the Accreditation of Hospitals or in compliance with equivalent standards. Licensed dmg abuse rehabilitation programs and alcohol rehabilitation programs accredited by the Joint Commission on the Accreditation of Health Care Organizations or approved by the appropriate state agency are also considered to be partial hospitalization services. Plan Manager means Humana Insurance Company (HIC) and HumanaDental Insurance Company (HDIC). The Plan Manager provides services to the Plan Administrator, as defined under the Plan Management Agreement. The Plan Manageris not the Plan Administrator or the Plan Sponsor. Plan year means a period of time beginning on the Plan anniversary date of any year and ending on the day before the same date of the succeeding year. P08t-8erl'ice claim means any claim for a benefit under a group health or dental plan that is not a pre- service claim Preadmission testing means only those outpatient x-ray and laboratory tests made within seven days before admission as a registered bed patient in a hospital The tests must be for the same bodily i11juryor sickness causing the patient to be hospital confined. The tests must be accepted by the hospital in lieu of like tests made during confinement Preadmission testing does not mean tests for a routine physical check-up. Precertification means the process of assessing the medical necessity, appropriateness, or utility of proposed non-emergency hospital admissions, surgical procedures, outpatient care, and other health care services. Predetermination of benefits means a review by the Plan Manager of a qual~fied practitioner's treatment plan, specific diagnostic and procedure codes and expected charges prior to the rendering of services. Pre-exi8ting condition (dental) applies to orthodontic services only. There will be no coverage available for orthodontic services if bands were placed prior to your effective date of coverage. Pre-exi8ting condition (medical) means a physical or mental condition for which you have received medical attention (medical attention includes, but is not limited to: services or care) during the six month period immediately prior to the enrollment date of your medical coverage under the Plan. Pre-e.xisting conditions are covered after the end of a period of twelve months after the enrollment date (first day of coverage or, if there is a waiting period, the first day of the waiting period). Pre-existing condition limitations will be waived or reduced for pre-existing conditions that were satisfied under previous creditable coverage 72 ~ ~~ ASOC0J72 Definitions Continued Pre-sen1ice claim means a claim with respect to which the terms of the Plan condition receipt of a Plan benefit, in whole or in part, on approval of the benefit by the Plan Manager in advance of obtaining medical or dental care. Protected health information means individually identifiable health information about a covered person, including: (a) patient records, which includes but is not limited to all health records, dentis~ physician and provider notes and bills and claims with respect to a covered person; (b) patient information, which includes patient records and all written and oral information received about a covered person; and (c) any other individually identifiable health information about covered persons. Qualified practitioner means a practitioner, professionally licensed by the appropriate state agency to diagnose or treat a bodily injury or sicA:ness, and who provides services within the scope of that license. Qualified treatmeltt facility means only a facility, institution or clinic duly licensed by the appropriate state agency, and is primarily established and operating within the scope of its license. Services mean procedures, surgeries, examinations, consultations, advice, diagnosis, referrals, treatment, tests, supplies, drugs, devices or technologies. Sickness means a disturbance in function or structure of your body which causes physical signs or symptoms and which, if left untreated, will result in a deterioration of the health state of the structure or system(s) of yourbody. Sound natural tooth means a tooth that: 1. Is organic and formed by the natural development ofthe body (not manufactured); 2. Has not been extensively restored; 3. Has not become extensively decayed or involved in periodontal disease; and 4. Is not more susceptible to injury than a whole natural tooth. Surgery means excision or incision of the skin or mucosal tissues, or insertion for exploratory purposes into a natural body opening. This includes insertion of instruments into any body opening, natural or otherwise, done for diagnostic or other therapeutic purposes. Timely applicant means an employee and/or an employee's eligible dependent who applies for medical and dental coverage within 31 days of the eligibility date. 73 7!" f ASOC0J72 Definitions Continued Total disability or totally disabled means: 1. During the first twelve months of disability you or your employed covered spouse are at all times prevented by bodily injwy or siclmess from performing each and every material duty of your respective job or occupation; 2. After the first twelve months, total disability or totally disabled means that you or your employed covered spouse are at all times prevented by bodily injury or sickness from engaging in any job or occupation for wage or profit for which you or your employed covered spouse are reasonably qualified by education, training or experience; 3. For a non-employed spouse or a child, total disability or totally disabled means the inability to perform the normal activities of a person of similar age and gender. A total~v disabledperson also may not engage in any job or occupation for wage or profit. Urgent care claim means a claim for medical or dental care or treatment with respect to which the application of the time periods for making non-urgent care detemlinations: 1. Could seriously jeopardize the life or health of the claimant or the ability of the claimant to regain maximum function; or 2. In the opinion of a physician or dentist with knowledge of the claimant's medical or dental condition, would subject the claimant to severe pain that cannot be adequately managed without the care or treatment that is the subject of the claim. 3. Generally, whether a claim is a claim involving urgent care will be detennined by the Plan Manage1: However, any claim that a physician with know ledge of a claimant's medical or dental condition determines is a "claim involving urgent care" will be treated as a "claim involving urgent care." Utilization review means the process of assessing the medical necessity, appropriateness, or utility of hospital admissions, surgical procedures, outpatient care, and other health care services. Utilization review includes precertification and concurrent review. You andyourmeans you as the employee and any of yourcovered dependents, unless otherwise indicated. 74 ~ '.--11; ASOC0J74 PRESCRIPTION DRUG BENEFIT DEFINITIONS Copayment (prescription drug) means the amount to be paid by you toward the cost of each separate prescription or refill of a covered prescription drug when dispensed by a pharmacy. Dispensing limit means the monthly drug dosage limit and/or the number of months the drug usage is needed to treat a particular condition. Drug List means a list of prescription drugs, medicines, medications and supplies, specified by the Plan Manager. This list identifies drugs as Levell, Level 2, Level 3 and Level 4 and indicates applicable dispensing limits and/or any prior authorization requirements. This list is subject to change. Legend drug means any medicinal substance the label of which, under the Federal Food, Drug and Cosmetic Act, is required to bear the legend: Caution: Federal Law Prohibits dispensing without prescription Level 1 drugs means a category of prescription drugs, medicines or medications within the Plan Manager's drug list that are designated by the Plan Manager as Levell drugs. Level 2 drugs means a category of prescription drugs, medicines or medications within the Plan Manager's drug list that are designated by the Plan Manageras Level 2 drugs. Level 3 drugs means a category of prescription drugs, medicines or medications within the Plan Manager's drug listthat are designated by the Plan Manageras Level 3 drugs. Level 4 drugs means a category of prescription drugs, medicines or medications within the Plan Manager's drug listthat are designated by the Plan Manageras Level 4 drugs. Mail order pharmacy means a pharmaceutical vendor designated by the Plan Manager who is properly licensed to dispense and deliver covered prescriptions through the mail. Non-participating pharmacy means a pharmacy, which has not entered into an agreement with the Plan Manager or has not been designated by the Plan Managerto provide services to covered persons. Orphan drug means a drug or biological used for the diagnosis, treatment, or prevention of rare diseases or conditions, which: 1. Affects less than 200,000 persons in the United States; or 2. Affects more than 200,000 persons in the United States, however, there is no reasonable expectation that the cost of developing the drug and making it available in the United States will be recovered from the sales of that drug in the United States. Participating pharmacy means a pharmacy which has entered into an agreement with or has been designated by the Plan Managerto provide servicesto covered persons. 75 ~- ~ ASOC0J74 Prescription Drug Benefit Continued Pharmacist means a person who is licensed to prepare, compound and dispense medication and who is practicing within the scope of his or her license. Pharmacy means a licensed establishment where prescription medications are dispensed by a pharmacist. Prescription means a direct order for the preparation and use of a drug, medicine or medication. The dmg, medicine or medication must be obtainable only by prescription. The prescription must be given verbally, electronically or in writing by a qualified practitioner to a pharmacist for the benefit of and use by a covered person. The prescription must include: I. The name and address of the covered person for whom the prescription is intended; 2. The type and quantity of the dmg, medicine or medication prescribed, and the directions for its use; 3. The date the prescription was prescribed; and 4. The name, address and DEA number of the prescribing quai(fied practitionel: Prior authorization means the required prior approval from the Plan Manager for the coverage of prescription dmgs, medicines, medications, including the dosage, quantity and duration, as appropriate for the covered person's age and sex. Self-administered injectable drug means an FDA approved medication which a person may administer to himself/herself by means of intramuscular, intravenous, or subcutaneous injection, and intended for use by you. 76 );" .-s ASOC0J74 Prescription Drug Benefit Continued SCHEDULE OF PRESCRIPTION DRUG BENEFITS NOTE: Additional drug informatiorI can be obtained by accessing the Plan Manager'swebsite at www.humana.com. You are required to pay the applicable copaymentper prescription as follows: RETAIL PHARMACY P ARTICIP A TING PHARMACY Levell Drugs $10 copaymentper prescription. Level 2 Drugs $20 copaymentper prescription. Level 3 Drugs $30 copaymentper prescription. Level 4 Drugs 25% copayment per prescription, up to the prescription drug out-of-pocket maximum of $2,500 per covered person per calendar year. Level 4 Drugs will be payable at 100% for the remainder of the calendar year once the prescription drug out-of- pocket maximum of$2,500 has been met. For a 90-day maxImum supply of a Two (2) times the applicable copayment as outlined maintenance medication received from a retail under the Retail Pharmacy Copayment Structure pharmacy above. 77 ~ - ~ ASOC0J74 Prescription Drug Benefit Continued MAIL ORDER PHARMACY For up to a 90-day supply of a medication received Two (2) times the applicable copayment as from a mail order pharmacy outlined under the Retail Pharmacy Copayment Stmcture above. Mail Order Pharmacy Dmg Maximum Supply 90 days SPECIAL TY OFFICE MEDICATION AND INJECT ABLE DRUGS PER PRESCRIPTION* I For up to a 30 day supply I $0 copayment *Specialty office medication and injectable drugs do not include self-administered injectable drugs. ADDITIONAL PRESCRIPTION DRUG BENEFIT INFORMATION If an employee'eligible dependent purchases a brand name medication, and an equivalent generic medication is available, the employee'eligible dependent must pay the difference between the brand name medication and the generic medication plus any applicable generic medication copayment. If the physician indicates on the prescription "dispense as written", the dmg will be dispensed as such, the employee'eligible dependentwill only be responsible for the brand name medication copayment Participatin~ Pharmacy When a participating pharmacy is used and you do not present your I.D. card at the time of purchase, you must pay the pharmacy the full retail price and submit the pharmacy receipt to Humana at the address listed below. You will be reimbursed at 100% of billed charges after the charge has been reduced by the applicable copaymentand 20%. Non-participating Pharmacy Prescription Drug Benefit Continued When a non-participating pharmacy is used, you must pay the pharmacy the full price of the drug and submit the pharmacy receipt to Humana at the address listed below. You will be responsible for 25% of the actual charge made by the dispensing pharmacy after this charge has been reduced by the applicable copayment Mail pharmacy receipts to: Humana Claims Office Attention: Pharmacy Department P.O. Box 14610 Lexington, KY 40512-4610 78 t""~ ASOC0J74 Prescription Drug Benefit Continued PRIOR AUTHORIZATION Some prescription drugs may be subject to prior authorization. To verify if a prescription drug requires prior authorization, call the toll free customer service phone number on the back of your ID card or visit the Plan Manager 's website at www.humana.com. DISPENSING LIMITS Some prescription drugs may be subject to dispensing limits. To verify if a prescription drug has dispensing limits, call the toll free customer service phone number on the back of your ID card or visit the Plan Manager'swebsite at www.humana.com. RETAIL PHARMACY Your Plan provisions include a retail prescription drug benefit. You will receive an identification (ID) card, which includes your name, group number and your effective date. Present your ID card at a participating pharmacy when purchasing a prescription. Prescriptions dispensed at a retail pharmacy are limited to a 30 day supply per prescription or refill. MAIL ORDER PHARMACY Your prescription drug coverage also includes mail order pharmacy benefits, allowing participants an easy and convenient way to obtain prescription drugs. Mail order pharmacy prescriptions will only be filled with the quantity prescribed by your physician and are limited to a maximum of a: . 90 day supply per prescription or refill for a drug received from a mail order pharmacy, or · 30 day supply per prescription or refill for self-administered injectable medications or specialty office medications and injectables. Additional mail order pharmacy information can be obtained through your Human Resources Department or by calling the toll free customer service phone number on the back of your ID card or visit the Plan Manager 's website at www.humana.com. SPECIALTY OFFICE MEDICATIONS AND INJECTABLES Your qualified practitioner has access to specialty office medications and injectables used to treat chronic conditions. These medications can be ordered specifically for you for administration in his/her office setting. This allows your physician a cost effective and convenient way to obtain high cost, high tech specialty medications and injectables. Additional information can be obtained through your Human Resources Department or by calling the toll-free customer service phone number on the back of your ID card. 79 ;. -. , ASOC0J74 Prescription Drug Benefit Continued PRESCRIPTION DRUG COST SHARING Prescription drug benefits are payable for covered prescription expenses incurred by you and your covered dependents. Benefits for expenses made by a pharmacy are payable as shown on the Schedule of Prescription Drug Benefits. You are responsible for payment of: · The drug deductible, if any; · The copayment; · The cost of medication not covered under the prescription drug benefit; · The cost of any quantity of medication dispensed in excess of the day supply noted on the Schedule of Prescription Drug Benefits. If the dispensing pharmacy's charge is less than the copaymen~ you will be responsible for the lesser amount. The amount paid by the Plan Managerto the dispensing pharmacy may not reflect the ultimate cost to the Plan Manager for the drug. Your copayment is made on a per prescription or refill basis and will not be adjusted if the Plan Manager or your employerreceives any retrospective volume discounts or prescription drug rebates. PRESCRIPTION DRUG COVERAGE Because Humana's drug /istis continually updated with prescription drugs approved or not approved for coverage, you must call the toll free customer service phone number on the back of your ID card or visit the Plan Manager's website at www.humana.com to verify whether a prescription drug is covered or not covered under the Plan. Please follow the directions below when accessing the Plan Manager'swebsite: 1. Go to Humana's website (www.humana.com) and log-in as a Registered Member; 2. Click on "Pharmacy Tools, Drug Coverage Search"; 3. Type in the name of the drug under step 1 to obtain results from the drug /is~ or 4. Search alphabetically for the drug under step 2; or 5. Search by therapeutic class under step 3; or 6. Search most commonly referenced drugs under step 4. Covered prescription drugs, medicines or medications must: 1. Be prescribed by a qualified practitioner for the treatment of a sickness or bodily injUly, and 2. Be dispensed by a pharmacist. 80 " .... ASOC0J74 Prescription Drug Benefit Continued Prescription drug expenses covered under the Prescription Drug Benefit are not covered under any other provisions of the Plan. Any amount in excess of the maximum amount provided under the Prescription Drug Benefit is not covered under any other provision of the Plan. Any expenses incurred under provisions of the Prescription Drug Benefit section do not apply toward your medical deductible, out-of-pocket limits or lifetime maximum. Any expenses incurred under the medical benefits do not apply toward your prescription drug deductible or out-of-pocket limits. The Plan Managermay decline coverage of a specific medication until the conclusion of a review period not to exceed six (6) months following FDA approval for the use and release of the drug, medicine or medication into the market. PRESCRIPTION DRUG LIMIT A TIONS Expense incurred will not be payable for the following: 1. Any drug, medicine, medication or supply not approved for coverage under the Plan (call the toll free customer service phone number on the back of your ID card or visit the Plan Manager's website at www.humana.com to verify whether a prescription drug is covered or not covered under the Plan); 2. Legend drugs which are not recommended and not deemed necessary by a qualified practitionel; 3. More than two fills for the same drug or therapeutic equivalent medication prescribed by one or more qualified practitioners and dispensed by one or more retail pharmacies; 4. Charges for the administration or injection of any drug; 5. Drug delivery implants; 6. Any drug, medicine or medication labeled "Caution-Limited by Federal Law to Investigational Use," or experimental drug, medicine or medication, even though a charge is made to yoU; 7. Any drug, medicine or medication that is consumed or injected at the place where the prescription is given, or dispensed by the qualified practitioner, 8. Prescriptions that are to be taken by or administered to the covered person, in whole or in part, while he or she is a patient in a facility where drugs are ordinarily provided by the facility on an inpatient basis. Inpatient facilities include, but are not limited to: a. Hospital; b. Skilled nursing facility; or c. Hospice facility; 9. Any drug prescribed for intended use other than for: a. Indications approved by the FDA; or b. Recognized off-label indications through peer-reviewed medical literature; 81 ':::':::::::':'::~:':::':':'::~:':::':'::.z':::':':::':::.:::::::::::::::::::::::.::::::::::::::::::::::::::::::::::::::::::::::::::::::::::~:::::::::~;:t..~:;:~~:::;;::::::::::::;:::?::~~~:m~:::::::::"~:::::::::::::1:;;;:;~~:~*"~~::.:;~?.:~~:~z;zt~~~~::~:::::~:::::?:*:~::*:::::::::::~::::::~:~:~::~::::*:~::~::::::::~::~::::*::~@~ill;~ij;~m:.mm~:Di.:.Wim:N@i:iBmm~ ~ !.' ~ ASOC0J74 Prescription Drug Benefit Continued 10. Prescription refills: a. In excess of the number specified by the qualified practitionel; or b. Dispensed more than one year from the date of the original order; 11. Any drug for which a charge is customarily not made; 12. Therapeutic devices or appliances, including: hypodermic needles and syringes (except needles and syringes for use with insulin, and covered self-administered injectable drugs); support garments; test reagents; mechanical pumps for delivery of medication; and other non-medical substances, unless otherwise specified by the Plan; 13. Dietary supplements, nutritional products, fluoride supplements, minerals, herbs and vitamins (except pre-natal vitamins, including greater than one milligram of folic acid, and pediatric multi- vitamins with fluoride), unless otherwise specified by the Plan; 14. Injectable drugs, including but not limited to: immunizing agents; biological sera; blood; blood plasma; or self-administered injectable drugs not covered under the Plan; 15. Any drug prescribed for a sickness or bodi(v injwynot covered under this Plan; 16. Any portion of a prescription or refill that exceeds a 30-day supply (or a 90-day supply for a prescription or refill that is received from a mail order pharmacy); 17. Any portion of a prescription refill that exceeds the drug specific dispensing limi~ is dispensed to a covered person whose age is outside the drug specific age limits, or exceeds the duration- specific dispensing limi~ if applicable; 18. Any drug, medicine or medication received by the covered perS01T. a. Before becoming covered under the Plan; or b. After the date the covered person's coverage under the Plan has ended; 19. Any costs related to the mailing, sending, or delivery of prescription drugs; 20. Any fraudulent misuse of this benefit including prescriptions purchased for consumption by someone other than the covered penson; 21. Prescription or refill for drugs, medicines, or medications that are lost, stolen, spilled, spoiled, or damaged; 22. Repackaged drugs; 23. Any drug or medicine that is: a. Lawfully obtainable without a prescription (over the counter drugs), except insulin; or b. Available in prescription strength without a prescription; 24. Any drug or biological that has received an It olphan drug' designation, unless approved by the Plan Administrator; 82 .$0. J' "'" ASOC0J74 Prescription Drug Benefit Continued 25. Any amount you paid for a prescription that has been filled, regardless of whether the prescription is revoked or changed due to adverse reaction or change in dosage or prescripti01T, 26. More than one prescription within a 23-day period for the same drug or therapeutic equivalent medication prescribed by one or more qualified practitioners and dispensed by one or more pharmacies, unless received from a mail order pharmacy. For drugs received from a mail order pharmacy, more than one prescription within a 20-day period for a 1-30 day supply; or a 60-day period for a 61-90 day supply. (Based on the dosage schedule prescribed by the qualified practitioner). 83 EXHIBIT A Identification of the Plan City of Jeffersonville Employee Health Plan (Medical, Prescription and Dental Coverage) (Non-Federal Governmental Entity) EXlDBIT B COBRA Administration Services DEFINITIONS B 1.1 "COBRA" means the Federal Consolidated Omnibus Budget Reconciliation Act of 1986, as amended, which requires health care continuation coverage through amendments to the Employee Retirement mcome Security Act of 1974, the mternal Revenue Code of 1986, and the Public Health Services Act of 1944. B 1.2 "Qualified Beneficiary" means a current or former employee of an Employer who is entitled to continued coverage under the Plan through COBRA and a spouse or dependent of a current or former employee who is entitled to continued coverage under the Plan through COBRA. A Qualified Beneficiary under COBRA law also includes a child born to the current or former employee during the coverage period or a child placed for adoption with the current or former employee during the coverage period. At the time COBRA election is made, these individuals are also referred to as a "COBRA Continuee". B 1.3 "COBRA Service Provider" means a provider of COBRA administrative services retained by the Plan Manager to provide specific COBRA administrative services as described in this Exhibit B. DUTIES OF THE PLAN MANAGER B2.1 The Plan Manager will provide claims processing and other administrative services as described in this Agreement with respect to COBRA Continuees as Covered Persons under the Plan. B2.2 The Plan Manager will not determine questions of eligibility for COBRA continuation under the Plan. B2.3 The Plan Manager will retain a COBRA Service Provider who is responsible for providing all notices required by COBRA to Qualified Beneficiaries. B2.4 The COBRA Service Provider will notify the Plan Manager and Employer of an individual's election of COBRA continuation coverage. B2.5 The COBRA Service Provider will, in accordance with its regular practices, bill COBRA Continuees for the costs payable by them for COBRA continuation coverage under the Plan on a monthly basis. B2.6 The COBRA Service Provider will, in accordance with its regular practices, collect the amounts billed in accordance with section B2.5 on a monthly basis from COBRA Continuees. A 31-day grace period will be allowed for payment of the amount due. The COBRA Service Provider will deposit the amounts collected under section B2.6 in a general account for COBRA payments, and remit the balance in the account to the Employer or Plan Administrator on a monthly basis less any amount which may be directed by the Employer or Plan Administrator to be offset against the costs of services due under this Agreement. B2.7 Where the costs of COBRA continuation coverage are billed and collected by the COBRA Service Provider, the COBRA Service Provider will furnish the Client, the Employer, or the Plan Administrator with monthly information of the aggregate COBRA continuation coverage costs billed in accordance with section B2.5 and the aggregate coverage costs collected in accordance with section B2.6. B2.8 The Plan Manager will record a termination date for each COBRA Continuee as designated to the Plan Manager by the Employer or Plan Administrator (the "Termination Date"). After the Termination Date such individual will no longer be considered to be a COBRA Continuee and a Covered Person. The Plan Manager will not provide services under this Agreement with respect to any COBRA Continuee insofar as those services may pertain to time periods occurring after the Termination Date. DUTIES OF THE CLIENT OR EMPLOYER B3.1 The Client and the Employer understand and agree that the Employer is solely responsible for compliance with COBRA and for deciding all questions, including matters of clerical error, arising out of COBRA Continuees' eligibility for COBRA continuation coverage. B3.2 The Client and the Employer understand and agree that the Plan Manager is in no way responsible and does not assume responsibility for compliance with any obligations of the Employer under COBRA. Performance of services under this Agreement shall not be construed by the Client or Employer that the Plan Manager endorses, warrants, or represents that the COBRA continuation coverage provided by the Employer is in compliance with any legal obligation of the Employer. B3.3 Notification to the Plan Manager and COBRA Service Provider by the Employer, or Plan Administrator of the termination date, qualifying event and eligibility of an individual to receive COBRA continuation coverage B3.4 Notification to the Plan Manager and COBRA Service Provider by the Employer or Plan Administrator of the appropriate amounts due for coverage under the Plan. B3.5 The Client and the Employer understand and agree that the Client shall inform each affected entity (e.g. HMO) of the existence of this Agreement and, by separate written agreement or otherwise, secure each entity's acceptance of its pertinent provisions. NOTICES B4.1 The Plan Manager shall be entitled to rely and act based upon documents, letters, electronic communications, or telephone communications which are confirmed in writing and provided to it by the Client or Employer. Reliance will continue until the time the Client or the Employer notifies the Plan Manager in writing of any change or amendment to those communications. B4.2 Notices provided by the Client regarding these COBRA Administration Services to the Plan Manager shall be personally delivered or sent by a method no less rapid than fIrst class mail, with postage prepaid, or facsimile, to the Plan Manager at the following address: Attn: Tim Batson Humana Insurance Company 500 West Main Street Louisville, Kentucky 40202 Telephone: 502-580-8508 Fax: 502-580-3639 Email: tbatson@humana.com Attn: Gerald L. Ganoni HumanaDental Insurance Company 1100 Employers Boulevard Green Bay, Wisconsin 54344 Telephone: 920-337-7602 Fax: 920-337-3183 Email: iganoni@humana.com EXHIBIT C Utilization / Case Management Services These Utilization / Case Management services are performed by the Plan Manager in connection with Plan provisions aimed at monitoring quality, containing costs, and promoting efficient delivery of Covered Services ( see below) in appropriate settings. In all circumstances, the Client understands and agrees that these services are performed solely for the purpose of implementing Plan provisions and assisting in utilization management decision making which results in the delivery of appropriate levels of Plan benefits. The assistance provided through these services does not constitute the practice of medicine. None of the Utilization / Case Management services performed by the Plan Manager under this Agreement constitute a claims review determination or a guarantee of coverage or benefits eligibility. Benefits eligibility will be determined in the normal course of claims processing. DEFINITIONS C 1.1 "Covered Services" means health care services or supplies to which a health care coverage provision of the Plan might apply. C 1.2 "Emergency" care means Covered Services received by a Participant related to a sudden and unexpected change in the Participant's physical or mental condition which is severe enough to require immediate hospital level care. C 1.3 "Health Care Provider" means any physician, practitioner, hospital, facility, laboratory, or any other provider of health care services or supplies which are Covered Services under the terms ofthe Plan. C 1.4 Utilization / Case Management services are performed employing processes generally described as follows. These concepts may be described similarly by the terms of the Plan, differing only with respect to terminology. (a) "Utilization Review" means the process of assessing the appropriateness, utility, or necessity of hospital admissions, surgical procedures, outpatient care, and other health care services as required under the provisions of the Plan. Utilization Review includes: (1) "Precertification", which is the process of assessing the appropriateness, utility, or necessity of proposed non-emergency hospital admissions, surgical procedures, outpatient care, and other health care services. (2) "Concurrent Review", which is the process of assessing the continuing appropriateness, utility, or necessity of additional days of hospital confmement, outpatient care, and other health care services. (b) "Retrospective Review" means the process of assessing after the fact the appropriateness, utility, or necessity of hospital admissions, additional days of hospital confmement, surgical procedures, outpatient care, and other health care services, as required under the provisions of the Plan. (c) "Case Management" means the process of assessing whether an alternative plan of care would more effectively provide necessary health care services in an appropriate setting, as required under the provisions of the Plan. UTILIZATION MANAGEMENT AND CASE MANAGEMENT SERVICES C2.1 Precertification, Concurrent Review, and Retrospective Review will be performed by the Plan Manager, or a consulting health care professional engaged by the Plan Manager, which may use criteria and protocols developed with input from health care experts. C2.2 The Plan Manager will provide or arrange for the provision of Precertification services, under applicable Plan provisions. (a) In the event that a proposed treatment cannot be Precertified: (1) The Plan Manager, the person requesting Precertification, and the attending Health Care Provider may, if sufficient information is provided, discuss possible treatment alternatives available under the Plan which might be Precertified. (2) In the event that the attending Health Care Provider chooses not to select possible treatment alternatives which might be Precertified or otherwise wishes to pursue Precertification of the proposed treatment as originally proposed, the Precertification process will proceed to resolution on the basis of available information. (b) Precertification will be completed within the time periods prescribed in the Plan, or if there are none, within a reasonable time after a request is made. C2.3 During the Precertification and Concurrent Review processes, each hospital admission is evaluated for discharge planning needs, home health care, and Case Management potential, as appropriate. C2.4 The Plan Manager will provide or arrange for the provision of Concurrent Review services, under applicable Plan provisions. C2.5 The Plan Manager will provide or arrange for the provision of Retrospective Review services, under applicable Plan provisions. (a) For emergency inpatient admissions, Retrospective Review services will not be performed unless they are requested within the earlier of: (1) The period of time following admission specified in the Plan; or (2) If no time is specified in the Plan, 48 hours following admission. (b) When required notification is not provided so that Precertification is not performed, Retrospective Review services will be performed only if specifically required by the Plan. C2.6 Notices of the results of the Precertification, Concurrent Review, and Retrospective Review processes, provided in accordance with the provisions of the Plan, will include information about the Plan Manager's standard procedures for having those results reconsidered. Results of these processes do not constitute claims determinations, and reconsideration of these results does not constitute an appeal of a disputed claim. C2.7 The Plan Manager will provide or arrange for the provision of Case Management services, under applicable Plan provisions. C2.8 The Plan Manager will provide or arrange for the provision of the following additional services, under applicable Plan provisions. (a) "Personal Nurse" services which provides members with a specially trained nurse and provides information and tools that can help members understand their health care options, take control of their health needs and get the most from their plan benefits. Participation is voluntary and members can choose to opt out at anytime. Members are identified as potential candidates who meet all of the following criteria: (1) Humana is the third party administrator; (2) Active enrollment status; (3) Expected/actual hospital admission. HEALTH CARE PROVIDERS C3.1 The Client agrees that the Plan Manager shall not be held responsible for the actions of Health Care Providers acting as licensed professionals within the scope of their professional practice, and that in no event shall the hold harmless and indemnity provisions of the Agreement apply against the Plan Manager with respect to any expense caused by the acts or omissions of Health Care Providers. REPORTS C4.1 Special reports may be provided by the Plan Manager, if requested by the Client and the contents, composition, and cost is mutually agreed upon. MISCELLANEOUS C5.1 The Plan Manager will provide these Utilization I Case Management services in accordance with the provisions of the Plan which are in effect and which have been communicated to the Plan Manager by the Client at the time the services are provided. C5.2 If the Plan Administrator directs the Plan Manager to make a Utilization I Case Management services determination which is different than the determination which would otherwise be made by the Plan Manager, the Plan Manager will follow the determination of the Plan Administrator, provided the Plan Administrator's determination is ftrst communicated to the Plan Manager in writing. However, the Plan Manager may decide that it will communicate this determination only as directed in special written instructions from the Plan Administrator which are acceptable to the Plan Manager. C5.3 The Plan Manager is an independent contractor with respect to the services provided under section 7.3 and Exhibit "C" of this Agreement, section 2.5 of this Agreement notwithstanding. C5.4 The obligations of the Plan Manager under section 7.3 and Exhibit "C" of this Agreement shall terminate upon the expiration of this Agreement. EXHIBIT D Networks DEFINITIONS D 1.1 "Health Care Provider" means any physician, practitioner, hospital, facility, laboratory, or any other provider of health care services or supplies which are Covered Services under the terms of the Plan. Dl.2 "Network" means a network of Preferred Providers which is available to provide services with respect to Participants in connection with this Agreement. D1.3 "Preferred Provider" means a Health Care Provider that is available by virtue of this Agreement to furnish services or supplies with respect to Participants under applicable utilization management or case management provisions of the Plan. D1.4 "Preferred Provider Services" means Covered Services provided by a Preferred Provider or for emergency care. D 1.5 "Service Area" means the Zip Code Areas in which each Network provides health care services in accordance with the terms of this Agreement and the Plan. D 1.6 "Zip Code Area" means the geographical area described by any five-digit zip code established by the United States Post Office. NETWORKS D2.l The Plan Manager will engage one or more Networks to provide Covered Services under the Preferred Provider Services provisions of the Plan, within each Service Area served by the Networks. The Plan Manager will provide a listing of Network locations and Preferred Provider locations within each Service Area. PROVIDERS D3.l The Client agrees that the Plan Manager shall not be held responsible for the actions of Health Care Providers, including providing health care services, and that in no event shall the hold harmless and indemnity provisions of the Agreement apply against the Plan Manager with respect to any expense caused by the acts or omissions of Health Care Providers. D3.2 The Plan Manager represents that provider agreements entered into by it in connection with its obligations under this Agreement comply with all of the requirements of applicable law. With respect to its obligations under this Agreement, the Plan Manager will exercise due diligence in selecting Health Care Providers. D3.3 The Plan Manager acknowledges that providers of professional health care services under contract with a Network maintained by the Plan Manager or by companies under common control with it comply with credentialing standards no less stringent than those prevailing in the industry. EXHffiIT D-l Shared Savings Program Provider Discounts In accordance with section 7.9, the Plan Manager will arrange access for the Client to certain provider discounts established by the Plan Manager that may be available at the time when services are rendered and/or provider fee negotiations occur. The Shared Savings Program does not extend to services by providers that the Client has already contracted for by selecting a network through the Plan Manager or through contracting directly with a network or provider. D-I.I The "savings" are the expenses charged by the provider above the discounted provider fee. D-I.2 The Client realizes that the Shared Savings Program provider discounts and/or fee negotiations are only available with respect to hospital or facility services that are part ofthe current program structure but that the program structure may change over time. D-1.3 The Shared Savings Program does not include discounts with respect to (a) providers that the Client has already contracted for by selecting a network through the Plan Manager, or (b) networks or providers with which the Client has directly contracted. D-l.4 After application of the Shared Savings Program, Plan benefits will be determined as if the services were provided in an out-of-network setting, unless it is appropriate that they be considered as in- network due to the application of the urgent/emergency benefits provision of the Plan. D-l.5 The Client agrees to pay a fee for access to and application of the Shared Savings Program as specified in Exhibit "F". D-l.6 The Client agrees to hold the Plan Manager and its affiliates harmless and indemnify them for any and all loss, liability, or damage (including payment of reasonable attorney's fees) which they may incur by virtue of the Client's authorization and direction to apply the Shared Savings Program provider discounts to claims submitted under the Client's health care Plan. EXHIBIT E INSERT SIGNED BANKING FORM Appendix A, Banking Arrangement, is made a part of this document. EXIllBIT F Schedule of Fees Fl.I The monthly fees presented in this Exhibit F are valid for the period of time beginning on the Effective Date of this Agreement and ending on March 31, 2007, except as otherwise stated. F2.1 General: Line of Covera2e Composite Medical and Prescription Dental $31.99 $3.94 F3.1 Specific: (a) Under ~7.5 of the Agreement, the administrative fee for providing Subrogation I Recovery Services is 30% of all amounts recovered under that section. The administrative fee will be applied towards the net recovery, exclusive of any legal fees. (b) With respect to access to provider networks in accordance with ~7.9 of this Agreement or other similar provider arrangements arranged through the Plan Manager, the Client understands that a special access fee may be payable, depending upon the network or arrangement. The Client and the Plan Manager agree that the Client will be obligated to pay any special fee under this ~F3.1 (b) only upon advance written notice to and written consent by the Client. (c) With respect to access to and application of the Shared Savings Program in accordance with section 7.10 and Exhibit D-I, the Client agrees to pay a fee equal to 30% ofthe "savings" on medical services realized by virtue of application of the Shared Savings Program Provider Discounts. (d) The fee payable for run-out claims processing under section 7.11 of the Agreement will be based upon the enrollment levels in effect the month prior to the date of such change. Fees will be equal to three (3) months of administrative fees that are in effect for the service period during which the run-out claims processing services are provided. (e) With respect to rebates which may be available with respect to pharmacy benefits provided under the Plan, the Client agrees that the Plan Manager will retain amounts attributable to rebates as reasonable compensation for services under this Agreement, including arranging pharmacy discount programs. F4.1 Payment: (a) Fees set forth in sections F2.l are payable to the Plan Manager by check once per month. (b) Any special access fees payable under ~F3.l (b) shall be paid by the Client to Plan Manager as billed. r.\ . I EXHIBIT G Persons Authorized to Receive Private Health Information Name: Title: Address: Name: Title: Company: Address: Telephone: Fax: Email: Name: Title: Company: Address: Telephone: Fax: Email: Name: Company: Address: Telephone: Email: (1\ Leslie Merkley City Attorney/City of Jeffersonville 501 East Court Avenue Jeffersonville, IN 47130 Robert Waiz, Jr. Mayor City of Jeffersonville 501 East Court Avenue City Attorney, Room 501 Jeffersonville, IN 47130 812-285-6400 812-285-6403 rwaiz@cityofieff.net Kim Calabro Human Resources Director City of Jeffersonville 501 East Court Avenue, Room 407 City County Building Jeffersonville, IN 47130 812-285-6405 812-285-6490 kcalabro@cityofieff.net Larry Lynn City of Jeffersonville 501 East Court Avenue, Room 421 City County Building Jeffersonville, IN 47130 812-285-6400 llvnn@citvofieff.net 16.8 Effect of Payment of Administration Charges. This Agreement shall be considered executed by the Plan Manager and Client, upon signature of both Plan Manager and Client. Payment of fees prior to completion and signing of this Agreement will constitute execution ofa written temporary agreement, pending completion and signing of this Agreement. IN WITNESS WHEREOF, the Client and the Plan Manager have executed this Agreement on ~,20~ (By) Name: L. vV&'1; 2- -;:rr. tfl III '{ (j y- ( HUMANA INSURANCE COMPANY DePere, Wisconsin \ ~h..~ :...r (By) Khalid N azir Vice President Title: . N6F HUMANADENTAL INSURANCE COMPANY DePere, Wiscon .'~ ". , . Or, . I . -~, "" -""", ...."'.. '"''''''t'.,\ '~'., :,"~::.,~ 17 Non-ERISA/HIC, HDIC Fiduciary