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

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5.7 "Clinical Records" means any documentation, electronic media, data, notes, records or other information pertaining to the counseling, clinical treatment or condition of a specific Participant obtained or developed by Magellan or any Provider in connection with performance of the Services hereunder or the delivery of clinical treatment or care to such Participant. Clinical Records include information which identifies specific Participants who receive treatment or care hereunder. 5.8 "COBRA" means the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended. 5.9 "Contract AnniversaryDate" shall mean July 1 of each calendar year. 5.10 "Contract Year" shall mean the contract period, commencing with the Effective Date or a Contract Anniversary Date, as applicable, and ending with the day before the succeeding Contract Anniversary Date. 5.11 "Dependent" means any natural person (other than an Employee) eligible to receive benefits under the Plan. In addition, with respect to EAP Services or Insights Services, "Dependent" shall also include any natural person residing with an Employee on a non - commercial basis. 5.12 "Dollars" and "I" mean the lawful currency of the United States of America. 5.13 "Effective Date" shall mean that date first set forth at the beginning of this Agreement. 5.14 "Employee" means any natural person eligible to receive benefits under the Plan by virtue of being a current employee of Sponsor or a retiree of Sponsor or ex- employee of Sponsor determined by Sponsor to be eligible to receive such benefits pursuant to COBRA. 5.15 "Emnlovee Assistance Program Services" or "EAP Services" means those Services described in Addendum A, if any, to this Agreement. 5.16 "Employee Count" shall mean the number of Sponsor's eligible employees. 5.17 • "ERISA" means the Employee Retirement Income Security Act of 1974, as amended. 5.18 "Fee Schedule" means that schedule of fees and charges attached to this Agreement and describing the fees and charges payable to Magellan by Sponsor pursuant to this Agreement. 5.19 "HAI -CA" means Human Affairs International of California, a California corporation. HAI -CA performs EAP Services in California as a licensed specialty health 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 Corporations of the State of California. 5.20 "Information" shall have the meaning set forth in Section 3.1(a). 5.21 "Insights Services" means those Services described in Addendum B, if any, to this Agreement. 5.22 "Legal Requirement" means any law, statute, ordinance, decree, requirement, order, treaty, proclamation, convention, rule or regulation (or interpretation of any of the foregoing) of any federal, state or local governmental authority of competent jurisdiction. Magellan Behavioral Health RSBM Services Agreement 0 01/03/01