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additional Service Fees at the rate indicated in the Fee Schedule for each Session of EAP Services provided to a <br />Participant pursuant to this Paragraph. The rights and obligations set forth in this Paragraph shall survive the <br />termination of this Agreement. <br />A-2. Additional Terms and Conditions. <br />A-2.1 Professional~ualifications. Except as otherwise provided in this Agreement, (a) all direct <br />clinical services provided through the Access Line shall be provided by Care Managers or Participating Providers <br />and (b) all clinical Sessions shall be conducted by Staff Clinicians or Participating Providers who have (1) training <br />and experience in assessing substance abuse problems and in conducting focused, problem-resolution counseling <br />and (2) at least a Master's level degree in the appropriate field or such other training and practical experience in <br />such behavioral health treatment settings as qualify them to provide the applicable EAP Services. <br />A-2.2 Referrals. Referrals given by Magellan to Participants for elder or child care, legal services or <br />other community services are not endorsements or recommendations for the referred programs or providers, nor <br />has Magellan necessarily subjected the referred programs or providers to a detailed screening process. The <br />responsibility for selecting and engaging such providers lies solely with the Participant_ Vendors and other <br />providers. of elder or child care, legal services or other community services are not and shall not be deemed agents <br />of Magellan or Sponsor. Vendors have represented to Magellan that they consider Sponsor as a third-party <br />beneficiary of their indemnity obligations to Magellan for such vendors' acts and omissions (but not for acts or <br />omissions of Magellan or Sponsor). <br />A-2.3 Exclusions. For purposes of this Addendum A only, the terms "Participant" and "Employee" <br />shall be deemed to exclude all Participants (as otherwise defined) whose residence or place of employment with <br />Sponsor is located (a) outside of the United States or(b) in the State of California. Notwithstanding the above, if <br />(i) no Participant would be entitled to more than three (3) Sessions total during any six-month period pursuant to <br />Para ra h A-1.2 above and (ii) Sponsor is not providing for EAP Services for California Participants pursuant to a <br />separate agreement with. Magellan-CA, then the terms "Parpicipant" and "Employee" shall be deemed, as <br />applicable, to include California Participants. if Sponsor desires EAP Services in California in excess of the <br />limitations set forth above, such EAP Services must be provided pursuant to an agreement between Magellan-CA <br />and Sponsor, but not pursuant to this Agreement. <br />A-2.4 Definitions. For purposes of this Addendum A, the following terms shall have the meanings set <br />forth below: <br />(a) "CISD" or "Critical Incident Stress Debriefing" means response to and consultation <br />in connection with a sudden, unanticipated incident pr circumstance that produces a high degree of distress in the <br />affected workplace of Sponsor or an immediate or delayed emotional reaction by Participants, including <br />Employees, that surpasses normal coping mechanisms. <br />(b) "Session" means each separate occasion, as determined by Magellan, when Magellan <br />provides or offers counseling as an EAP Service to a Participant, whether by telephone or in person, provided that <br />post-counseling evaluations and post-referral telephone follow-up calls shall not be deemed Sessions. <br />(c) "Emergency Session" means a Session scheduled in response to a situation requiring <br />immediate assessment and intervention that cannot typically be delayed longer than six (6) hours. <br />(d) "Routine Session" means a Session scheduled in response to a situation that can safely <br />be handled through an appointment available within a reasonable time (typically within seventy-two (72) hours). <br />Magellan Behavioral Health <br />RSBM Services Agreement <br />01/03/01 <br />A-3 <br />