2002 NS Manager - Town of Hillsborough for Employee Assistance Program Contract Renewal

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' 15 (c) If this Agreement is terminated due to the failure of Sponsor to make timely payment of Service Fees relating to EAP Services,then this Agreement shall be reinstated,as though it had never been terminated, upon the full payment of such Service Fees by Sponsor to Vista prior to or on the first due date for the payment of Service Fees under Section 1.2 following the due date with respect to which Sponsor was delinquent;provided, however,that if Vista receives such payment in satisfaction of delinquent Service Fees more than fifteen(15)days after the date of issuance of its notice of termination,then Vista may,in its sole discretion,either(1)deny such reinstatement by refunding such payment within twenty(20)business days of its receipt thereof or(2)within twenty(20)business days of its receipt thereof,issue to Sponsor a new group services agreement accompanied by written notice stating clearly those respects in which the new agreement differs from this Agreement in benefits,coverage or otherwise. B-1.4 Cancellation of Participant Benefits. In addition to any cancellation of benefits of a Participant hereunder due to cancellation of this Agreement pursuant to Section 2.2 and Paragraph B-1.3 a Participant's coverage for EAP Services may be terminated only by notice to Vista from Sponsor that such Participant is no longer eligible for such benefits. If a Participant alleges that his or her enrollment or subscription has been wrongfully cancelled(or not renewed),such Participant may request review of such cancellation(or failure to renew)by the Director. B-1.5 Notices. With respect to any notice under this Agreement by Vista regarding a material matter, Sponsor shall furnish notice to Participants by the earlier of its next regular communication to Participants or thirty (30)days following receipt of notice. B-1.6 Governine Law and Provisions. Vista and the provision of EAP Services hereunder are subject to the requirements of Knox-Keene,and any provision required to be in this Agreement by any of the above shall bind Vista and Sponsor whether or not provided herein. B-1.7 Participant Grievance Procedures:Public Policy. (a) Vista has established and maintains grievance policies and procedures in accordance with Knox-Keene and shall provide its grievance procedures to Sponsor in connection with the Disclosure Form. Vista shall also make them available to Participants upon request. Sponsor agrees to distribute the Disclosure Form to Participants on a regular basis. (b) Vista shall provide a toll-free telephone number for the filing of complaints by Participants. (c) Vista shall afford Participants the opportunity to participate in Vista's formulation of public policy pursuant to Knox-Keene. B-1.8 Limitations.Exceptions and Exclusions. The EAP Services offered hereunder shall not include(a) psychiatric services,(b)inpatient or outpatient treatment for physical illness,(c)direct treatment or services for mental retardation or autism,(d)counseling services beyond the number of Sessions provided in Paragraph A-1.2,(e)services by Providers not meeting the criteria set forth in this Agreement for Providers,(f)court-mandated counseling or treatment paid for by Workers'Compensation,(g)psychological,psychiatric or neurological testing and(h) medications. For purposes of this Addendum A only,the terms"Participant"and"Employee"shall be deemed to exclude all Participants(as otherwise defined)whose residence or place of employment with Sponsor is located outside of the State of California. In no case shall Vista reduce or decrease the EAP Services offered hereunder by Vista unless upon thirty(30)days'notice to Sponsor. Magellan Behavioral Health, Inc. 12 Rev. 07127101 Growing Business Services Agreement