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

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Affiliate of Magellan who is a clinical proofesssional licensed or certified under applicable state Magellan toprovide an treatment in the areas of mental health and substance abuse. (2) Staff Clinicians. "Staff Clinician" means an employee of Magellan or of an Affiliate of Magellan who is a duly qualified mental health and/or substance abuse treatment provider. For purposes of this Section, "duly qualified" includes being licensed or certified where required by state law. (3) Participating Providers. "Participating Provider" means an individual practitioner, group of practitioners, facility or other specialized provider of services which (i) maintains a practice or operates a facility or program that provides mental health and/or substance abuse treatment, (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 and has entered into a participation agreement with Magellan or an Affiliate of Magellan to provide specified services to Participants. (4) Non - Participating Providers. In circumstances where a Participant resides or is working in a location farther than twenty (20) miles or twenty (20) minutes away from the nearest Staff Clinician or individual Participating Provider who is qualified and available to provide needed Services to such Participant, and only in such circumstances, Sponsor agrees that Magellan may provide such Services through a Non - Participating Provider which is acces4ible and available to provide such Services. Sponsor acknowledges that Non - Participating Providers may not necessarily possess the professional qualifications and other credentials required of Participating Providers or otherwise required by this Agreement, and consents, on behalf of itself and the Participants, to Magellan's use of Non - Participating Providers under these circumstances. 3.5 Compliance with Law. Magellan shall obtain and maintain, at its sole expense, all licenses and permits necessary for it to perform the Services. Sponsor agrees to provide such information and documents as may be necessary-to assist Magellan in obtaining or maintaining such licenses or permits. Magellan and Sponsor agree to comply with all applicable Legal Requirements regulating terms and conditions of employment. 3.6 Employment Relationships. In entering into this Agreement, Sponsor is not relinquishing any of its rights and obligations to control any facets of any employment relationship that may exist between Sponsor and an Employee, including without limitation rights to take disciplinary action relating to any Employee. Sponsor agrees that Magellan shall bear no responsibility with respect to Sponsor's discipline or termination of its Employees and that Sponsor shall defend Magellan and hold Magellan harmless from any and all claims or liability arising from any such discipline or termination. 3.7 Insurance. Magellan agrees to obtain and maintain during the Term the following insurance coverages: (a) comprehensive general liability in a minimum amount of three million dollars ($3,000,000) in the aggregate and one million dollars ($1,000,000) per occurrence (in excess of deductible amounts) and (b) professional liability insurance (malpractice) in a minimum amount of five million dollars ($5,000,000) in the aggregate and per occurrence (in excess of deductible amounts). ARTICLE IV MISCELLANEOUS 4.1 Survival. In addition to those covenants and obligations, if any, specified elsewhere herein to survive, the covenants and obligations contained in Sections 1.2, 2_3, and 3_1 shall survive the termination of this Agreement. _ Magellan Behavioral Health RSBM Services Agreement 6 01/03/01