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

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• 11 5.14 "Fee Schedule"means that schedule of fees and charges attached to this Agreement as Addendum C and describing the fees and charges payable to Magellan by Sponsor pursuant to this Agreement. 5.15 "Legal Requirement"means any law,statute,ordinance,decree,requirement,order,treaty, proclamation,convention,rule or regulation(or any amendment or administrative or judicial interpretation of any of the foregoing)of any federal,state or local governmental authority of competent jurisdiction. 5.16 "Named Fiduciary"means,if the EAT is governed by ERISA,Sponsor or such other party identified by Sponsor in accordance with Section 402(a)of ERISA. In no case shall Magellan act as a Named Fiduciary. 5.17 "Participant"means any Employee or Dependent;provided,that if Sponsor offers a Plan governed by ERISA,"Participant"shall have the meaning set forth in Section 3(4)of ERISA. 5.18 "Participating Provider"means an individual practitioner,group of practitioners,facility or other specialized provider of services which(i)maintains a practice or is an employee of Magellan or an Affiliate of Magellan (ii)has been credentialed by Magellan or an Affiliate or designee of Magellan in accordance with Magellan's credentialing policies and(iii)has been designated as"participating"by Magellan or an Affiliate of Magellan to provide specified services to Participants. 5.19 "PEPM"means"per Employee per month." 5.20 "Plan Administrator"means Sponsor or such other party designated by Sponsor as,or otherwise deemed to be,an administrator of the EAP for purposes of ERISA,if applicable,or any applicable state law of similar nature. In no case shall Magellan act as or be deemed,by virtue of its performance of the Services or otherwise for any reason,to be a Plan Administrator. 5.21 "Proprietary Materials"shall have the meaning set forth in Section 3.1(b). 5.22 Service Fee means the Basic Fee and Supplemental Fees. 5.23 "Services"means the Basic Services and the Optional Services,described in Section 1.1(b), selected by Sponsor by designation on the Fee Schedule and Conditions of Offer attached as Addendum C. 5.24 "Session"means each separate occasion,as determined by Magellan,when Magellan provides or offers personal consultation or counseling as an EAP Service to a Participant,whether by telephone or in person, provided that post-counseling evaluations and post-referral telephone follow-up calls shall not be deemed Sessions. 5.25 "Sponsor"means the undersigned party to this Agreement identified as such in the first paragraph of this Agreement. 5.26 "Supplemental Fees"means all fees and charges,except for Basic Fees,due and payable by Sponsor to Magellan for performance of Services at the rates listed on the Fee Schedule for such Services. 5.27 "Vista"means the wholly owned subsidiary of Magellan Health Services,Vista Behavioral Health Plans,a California corporation.Vista Behavioral Health Plans provides EAP Services in California as a licensed specialty health care services plan under the California Knox-Keene Health Care Service Plan Act of 1975,as amended,and is subject to the regulatory oversight of the Department of Managed Health Care of the State of California. Magellan Behavioral Health,Inc. 8 Rev. 07127101 Growing Business Services Agreement