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<br />11.13 CONTINUATION OF COVERAGE <br /> <br />Notwithstanding anything in the Plan to the contrary, in the event any benefit <br />under this Plan subject to the continuation coverage requirement of Code Section 4980B <br />becomes unavailable, each Participant will be entitled to continuation coverage as prescribed in <br />Code Section 4980B, and related regulations. If during the Plan Year, the Employer employs <br />fewer than twenty (20) employees on a typical business day, this Section shall not apply. <br /> <br />11.14 FAMILY AND MEDICAL LEAVE ACT <br /> <br />Notwithstanding anything in the Plan to the contrary, in the event any benefit <br />under this Plan becomes subject to the requirements of the Family and Medical Leave Act and <br />regulations thereunder, this Plan shall be operated in accordance with Regulation 1.125-3. <br /> <br />11.15 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT <br /> <br />Notwithstanding anything in this Plan to the contrary, this Plan shall be operated in <br />accordance with HIPAA and regulations thereunder <br /> <br />11.16 USERRA <br /> <br />Notwithstanding any provision of this Plan to the contrary, contributions, benefits <br />and service credit with respect to qualified military service shall be provided in accordance with <br />the Uniform Services Employment And Reemployment Rights Act (USERRA) and the regulations <br />thereunder. <br /> <br />11.17 COMPLIANCE WITH HIPAA PRIVACY STANDARDS <br /> <br />(a) Application. If the Health Flexible Spending Account under this <br />Cafeteria Plan is subject to the Standards for Privacy of Individually Identifiable <br />Health Information (45 CFR Part 164, the "Privacy Standards"), then this Section <br />shall apply. <br /> <br />(b) Disclosure of PHI. The Plan shall not disclose Protected Health <br />Information to any member of the Employer's workforce unless each of the <br />conditions set out in this Section are met. "Protected Health Information" shall <br />have the same definition as set forth in the Privacy Standards but generally shall <br />mean individually identifiable information about the past, present or future <br />physical or mental health or condition of an individual, including information about <br />treatment or payment for treatment. <br /> <br />(c) PHI disclosed for administrative purposes. Protected Health <br />Information disclosed to members of the Employer's workforce shall be used or <br />disclosed by them only for purposes of Plan administrative functions. The Plan's <br />administrative functions shall include all Plan payment functions and health care <br />operations. The terms "payment" and "health care operations" shall have the <br />same definitions as set out in the Privacy Standards. but the term "payment" <br />generally shall mean activities taken to determine or fulfill Plan responsibilities <br />with respect to eligibility, coverage, provision of benefits, or reimbursement for <br />health care. <br /> <br />(d) PHI disclosed to certain workforce members. The Plan shall <br />disclose Protected Health Information only to members of the Employer's <br />workforce who are authorized to receive such Protected Health Information, and <br />only to the extent and in the minimum amount necessary for that person to <br /> <br />27 <br /> <br />1m.",." ,.,....~_. <br /> <br />"1l'If}>~,\<, """'\1'17 'Ill "Nl <br />