2001 S Personnel - Magellan Behavioral Health Employee Assistance Program Contract Renewal

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5.23 "Named Fiduciary" means, for Plans governed by ERISA, the 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. 5.24 "Non - Clinical Records" means any documentation, electronic media, data, notes, records or other information, including benefit and claims payment information, pertaining to Magellan's performance of Services hereunder, except for any Clinical Records. 5.25 "Non- Participating Provider" means a practitioner or other specialized provider of services which is not a Participating Provider but which has represented to Magellan prior to performing Services pursuant to this Agreement that, to the extent applicable, such provider (a) holds an appropriate medical or clinical degree, (b) holds appropriate licensure unencumbered and otherwise in good standing, and (c) maintains professional liability insurance coverage which satisfy Magellan's standard policies regarding Non - Participating Providers. 5.26 "Participant" means any Employee or Dependent; provided, that if the Sponsor offers a Plan governed by ERISA, "Participant" shall have the meaning set forth in Section 3(4) of ERISA. 5.27 "Participating Provider" shall have the meaning set forth in Section 3.4(b)(3). 5.28 "PEPM" means "per Employee per month." 5.29 "PEPM Charge" means the sum of the service fees and charges described as such on the Fee Schedule and calculated monthly at the initial rates set forth in the Fee Schedule, as such fees and charges may be adjusted pursuant to the terms of this Agreement. 5.30 "Plan" shall have the meaning set forth in the Recitals. 5.31 "Plan Administrator" means Sponsor or such other party designated by Sponsor as, or otherwise deemed to be, an administrator of the Plan for purposes of ERISA 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. 5.32 "Proprietary Materials" shall have the meaning set forth in Section 3.1(b). 5.33 "Providers" means Participating Providers, International Participating Providers and Non - Participating Providers, as applicable. 5.34 "Service Fees" shall have the meaning set forth in Section 1.2. 5.35 "Services" shall have the meaning set forth in Section I.I. 5.36 "S nsor" means the undersigned party to this Agreement identified as such in the first paragraph of this Agreement. 5.37 "Staff Clinician" shall have the meaning set forth in Section 3.4(b)(2). 5.38 "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. Magellan Behavioral Health RSBM Services Agreement 10 01/03/01