1997 S Personnel - Human Affairs International for Employee Assistance Program Contract Renewal

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5.25 "International Employee" means an English-speaking Employee who(a)resides outside of, or whose place of employment with Sponsor is located outside of,the United States and(b)is(i)an American national or(ii)a Canadian national who resides in,or whose place of employment with Sponsor is located in, Canada. 5.26 "International Participan t" means an English-speaking Participant who(a)resides outside of,or whose place of employment with Sponsor is located outside of,the United States and(b)is(i)an American national or(ii)a Canadian national who resides in,or whose place of employment with Sponsor is located in, Canada. 5.27 "International Participating Provider" means an individual practitioner,group of practitioners, facility or other specialized provider of services which(a)maintains a practice or operates a facility or program outside of the United States that provides mental health and/or substance abuse treatment, (b)has been credentialed by HAI or an Affiliate or designee of HAI in accordance with HAI's credentialing policies for International Participating Providers and(c)has been designated as"participating"by HAI or an Affiliate of HAI and has entered into a participation agreement with HAI or an Affiliate of HAI to provide specified services to International Participants. 5.28 "International Support Services"means those Services described in Addendum D, if any,to this Agreement. 5.29 "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. 5.30 "Managed Behavioral Health Services"or"MBH Services"means those Services described in Addendum B, if any,to this Agreement. 5.31 "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 HAI act as a Named Fiduciary. 5.32 "Non-Clinical Records"means any documentation, electronic media, data,notes,records or other information,including benefit and claims payment information,pertaining to HAI's performance of Services hereunder, except for any Clinical Records. 5.33 "Non-Participating Provider"means a practitioner or other specialized provider of services which is not a Participating Provider but which has represented to HAI 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 HAI's standard policies regarding Non-Participating Providers. 5.34 "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. 5.35 "Participating Provider" shall have the meaning set forth in Section 3.4(b)(3). 5.36 "PEPM"means"per Employee per month." Human Affairs International,Incorporated 5/7/97 Services Agreement 11