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5.7 "Clinical Records" means any documentation, electronic media, data, notes, records or other <br />information pertaining to the counseling, clinical treatment ar condition of a specific Participant obtained or <br />developed by Magellan or any Provider in connection with performance of the Services hereunder or the delivery of <br />clinical treatment or care to such Participant.. Clinical Records include information which identifies specific <br />Participants who receive treatment or care hereunder. <br />5.8 "COBRA" means the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended. <br />5.9 "Contract Annive Date" shall mean July 1 of each calendar year. <br />5.10 "Contract Year" shall mean the contract period, commencing with the Effective Date or a <br />Contract Axuriversary Date, as applicable, and ending with the day before the succeeding Contract Anniversary <br />Date. <br />5.11 "Dependent" means any natural person (other than an Employee) eligible to receive benefits <br />under the Plan. In addition, with respect to EAP Services or Insights Services, "Dependent" shall also include any <br />natural person residing with an Employee on a noni:ommercial basis. <br />5.12 "Dollars" and "~" mean the lawful currency of the United States of America. <br />5.13: "Effective Date" shall mean that date first set forth at the beginning of this Agreement. <br />5.14 "Employee" means any natural person eligible to receive benefits under the Plan by viitue of <br />being a current employee of Sponsor or a retiree of Sponsor or ex~mployee of Sponsor determined by Sponsor to <br />be eligible to receive such benefits pursuant to COBRA. <br />5.15 "Employee Assistance Pro Service" or "EAP Services" means those Services described in <br />Addendum A, if any, to this Agreement. <br />5.16 "Emolovee Count" shall mean the number of Sponsor's eligible employees. <br />5.17 "ERISA" means the Employee Retirement Income Security Act of 1974, as amended. <br />5.18 "Fee Schedule" means that schedule of fees and charges attached to this Agreement and <br />describing the fees and charges payable to Magellan by Sponsor pursuant to this Agreement. <br />5.19 "HAI-CA" means Human Affairs International of California, a Californa corporation. HAI-CA <br />performs EAP Services in California as a licensed specialty health plan under the California Knox-Keene Health <br />Care Service Plan Act of 1975, as amended, and is subject to the regulatory oversight of the Department of <br />Corporations of the State of California. <br />5.20 "Information" shall have the meaning set forth in Section 3.1(al. <br />5.21 "Insi~hts_Services" means those Services described in Addendum B, if any, to this Agreement. <br />5.22 "Le al R uirement" means any law, statute, ordinance, decree, requirement, order, treaty, <br />proclamation, convention, rule or regulation (or interpretation of any of the foregoing) of any federal, state or local <br />governmental authority of competent jurisdiction. - <br />Magellan Behavioral Health <br />RSBM Services Agreement <br />pl/03/pl <br />9 <br />