h. Contract approval
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h. Contract approval
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<br />11.15 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) <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 UNIFORM SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT <br />(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 />perform his or her duties with respect to the Plan. "Members of the Employer's <br />workforce" shall refer to all employees and other persons under the control of the <br />Employer. The Employer shall keep an updated list of those authorized to receive <br />Protected Health Information. <br /> <br />(1) An authorized member of the Employer's workforce who receives <br />Protected Health Information shall use or disclose the Protected Health <br />Information only to the extent necessary to perform his or her duties with <br />respect to the Plan. <br /> <br />(2) In the event that any member of the Employer's workforce uses or <br />discloses Protected Health Information other than as permitted by this <br /> <br />27 <br />
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