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10 <br />5..16 "Named Fiduciary" means, if the EAP is governed by ERISA, Sponsor or such other party <br />identified by Sponsor in accordance with Section 402(a) of ERISA. In no case shall Magellan act as a Named <br />Fiduciary.. <br />5.17 "Participant" means any Employee or Dependent; provided, that if Sponsor offers a Plan governed <br />by ERISA, "Participant" shall have the meaning set forth in Section 3(4) of ERISA. <br />5.18 "Particinatine Provider" means an individual practitioner, group of practitioners, facility or other <br />specialized provider of services which (i) maintains a practice or is an employee of Magellan or an Affiliate of <br />Magellan (ii) has been credentialed by Magellan or an Affiliate or designee of Magellan in accordance with <br />Magellan's credentialing policies and (iii) has been designated as "participating" by Magellan or an Affiliate of <br />Magellan to provide specified services to Participants. <br />5.19 "PEPM" means "per Employee per month," <br />5 20 "Plan Administrator" means Sponsor or such other party designated by Sponsor as, or otherwise <br />deemed to be, an administrator of the EAP for purposes of ERISA, if' applicable, or any applicable state law of <br />similar nature. In no case shall Magellan act as or be deemed, by virtue of its performance of the Services or <br />otherwise for any reason, to be a Plan Administrator. <br />5.21 "Proprietary Materials" shall have the meaning set forth in Section 3.1(bl. <br />5.22 Service Fee means the Basic Fee and Supplemental Fees. <br />5.23 "Services" means the Basic Services and the Optional Services, described in Section 1.1(b), <br />selected by Sponsor by designation on the Fee Schedule and Conditions of Offer attached as Addendum C. <br />5.24 "Session" means each separate occasion, as determined by Magellan, when Magellan provides or <br />offers personal consultation or counseling as an EAP Service to a Participant, whether by telephone or in person, <br />provided that post-counseling evaluations and post-referral telephone follow-up calls shall not be deemed Sessions.. <br />5.25 "S~ronsor" means the undersigned party to this Agreement identified as such in the first paragraph <br />of this Agreement. <br />5.26 "Supplemental Fees" means all fees and charges, except for Basic Fees, due and payable by <br />Sponsor to Magel]an for performance of Services at the rates listed on the Fee Schedule for such Services. <br />5.27 "HAI-CA" means the wholly owned subsidiary of Magellan Health Services, Human Affairs <br />International of California, a California corporation. HAI-CA provides EAP Services in California as a licensed <br />specialty health care services plan under the California Knox-Keene Health Care Service Plan Act of 1975, as <br />amended, and is subject to the regulatory oversight of the Department of Managed Health Care of the State of <br />California.. <br />Magellan Behavioral Heal th,inc. $ Rev. 3/08/09 <br />Growing Business Services Agreement <br />