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HomeMy WebLinkAboutContract 18668 CITY SE-0RUARY ADMINISTRATIVE SERVICES ONLY AGREEMENT BY AND BETWEEN SANUS TEXAS HEALTH PLAN, INC. AND THE CITY OF FORT WORTH Sw, TABLE OF CONTENT'S ASO AGREEMENT Page ADMINISTRATIVE SERVICES ONLY AGREEMENT . . . . . . . . . . . . . . . . . 1 APPENDICES A Defined Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-1 B Services Provided By Santis . . . . . . . . . . . . . . . . . . . . . . . . . B-1 C Plan Funding Account . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-1 D Fixed Administrative Charges . . . . . . . . . . . . . . . . . . . . . . . . D-1 E Medical Program Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . E-1 F Indemnification Agreement . . . . . . . . . . . . . . . . . . . . . . . . . F-1 EXHIBITS 1 - Part A Group Membership Service Agreement as Administered by Santis Texas Health Plan . . . . . . . . . . . . 1A-1 1 - Part A (Cont'd) Schedule of Benefits . . . . . . . . . . . . . . . . . . . . . . . . . 1A-57 1 - Part B Major Medical Employer Certification . . . . . . . . . . . . . . 1B-1 2 - Part A Group Membership Service Agreement as Administered by Sanus Texas Health Plan . . . . . . . . . . . . 2A-1 2 - Part A (Cont'd) Schedule of Benefits 2A-2 y y 1 LGkwASO+/F1V•TOC.DTF791 TABLE OF CONTENTS (Cont'd) Page EXHIBM (Cont'd) 3 - Part A Group Membership Service Agreement as Administered by Santis Texas Health Plan . . . . . . . . . . . . 3A-1 3 - Part A (Cont'd) Schedule of Benefits . . . . . . . . . . . . . . . . . . . . . . . . . 3A-2 3 - Part B Major Medical Employer Certification . . . . . . . . . . . . . . 3B-1 4 Health Benefit Plan for Employees of the City of Fort Worth 4-1 LG\m,ASO-,'FW-TOC.DTF791 111 �4r. ADMUSISTRATIVE SERVICES ONLY (ASO) AGREEMENT This AGREEMENT is entered into by and between Sanus Texas Health Plan, Inc. (Sanus) , a corporation organized under the laws of the State of Texas with its principal office at 8600 Freeport Parkway, Irving, Texas, 75063 , and the City of Fort Worth (Employer) with its principal office at 1000 Throckmorton, Fort Worth, Texas. This Agreement shall take effect as provided in Paragraph 26. WHEREAS, Sanus provides contractual and administrative arrangements and systems to implement self-funded employer health benefit plans, and WHEREAS, Employer desires to retain Sanus to provide Administrative Services Only for Employer's self-funded Benefit Plan, as described herein, and WHEREAS, Sanus is willing and able to provide such services; NOW, THEREFORE, in consideration of the mutual promises herein, and intending to be legally bound hereby, the parties agree as follows: 1. Recitals: The WHEREAS paragraphs of this Agreement are deemed to be incorporated as though fully rewritten._,_-.__,__ •1 Y\ t LG\rwASO+/FtiV•AG.DTF691 'D z4Fs a G'3 2 . Definitions: For purposes of this Agreement, the following l definitions shall apply: (a) "Administrative Services Only" (ASO) means that Sanus undertakes to act only as independent contractor for Employer in providing services for the administration of Employer's Benefit Plan, and does not agree to act in any other capacity; (b) "Benefit Plan" means the self-funded health benefits plan adopted by Employer. Part A of the Benefit Plan provides benefits for Enrollees who choose the Managed Care program; Part B provides benefits for Enrollees who elect at the time of service not to use or who are ineligible to use the Managed Care Program. A true copy of the High Option Benefit Plan is attached as Exhibit 1; a true copy of the Low Option Benefit Plan is attached as Exhibit 2 ; a true copy of the Low Option OOSA Only (out-of-service area for retired enrollees) Benefit Plan is attached as Exhibit 3 ; (c) "Defined Area" with respect to Part A, means the area described in Appendix A, within which Participating Providers (Hospitals, Physicians and Other Health Care LGVwASO+/FW-AG.DTFIAt -2- Professionals) are available to provide health care services to Enrollees; (d) "Enrollee" means a person covered under the Employer' s Benefit Plan, either actively-at-work as an "Active Enrollee" or retired from active employment as a "Retired Enrollee" ; (e) "Health Care Management Services" means those services provided by Sanus as described in Appendix B; (f) "Hospital" , with respect to Part A, means a licensed public or private hospital that is bound by contract to provide inpatient medical and health care to Covered V, Persons pursuant to an agreement between Sanus and Hospital ; (g) "Other Health Care Professional" , with respect to Part A, means a person or institution other than Physician or Hospital who or which is licensed or otherwise authorized to provide medical or health care and who or which is bound by contract to provide medical or health care to Covered Persons pursuant to an agreement between Sanus and such person or institution; s I V k, LG\rwASO+/FW-AG.DTF691 -3- (h) "Physician" , with respect to Part A, means a medical practitioner who is licensed by the State having jurisdiction and who is bound by contract to provide medical care to Covered Persons pursuant to an agreement between Sanus and such medical practitioner; (i) "Participating Provider" , with respect to Part A, means a Physician or Hospital or Other Health Care Professional who or which has agreed to accept alternative rates of payment for health care services provided to Enrollees; (j ) "Participating Provider Network" , with respect to Part A, means the group of Participating Providers. 3 . Sanus Representations: Sanus represents (i) that it has contracted with Physicians, Hospitals and Other Health Care Professionals, to constitute a Participating Provider Network, (ii) that it provides administrative systems necessary for the effective operation of the network and (iii) that such Participating Providers and such systems will be available to Enrollees, as set forth herein, in connection with Part A of the Benefit Plan. Sanus further represents that it has arrangements and administrative systems and procedures for administering Parts A and B of the Benefit Plan. LG\mAS0+/FWAG.DTF691 -4- 4 . Employer Representation: Employer represents that it has established a Benefit Plan and that a true copy of the Benefit Plan is attached as Exhibit 1, Exhibit 2 , and Exhibit 3 . Employer shall not change the terms or benefits of the Benefit Plan without prior notice to and acceptance by Sanus. Employer further represents that it has established or will establish a Plan Funding Account to pay claims for benefits, to provide payments to Participating Providers and to pay charges due Sanus. The Plan Funding Account shall also be used, and shall be adequate for the purpose, to pay premium for specific and aggregate reinsurance, if the Employer so provides. The Plan Funding Account shall be maintained and administered as described in Appendix C. 5. Retention of Sanus: Employer retains Sanus to provide Administrative Services Only. A description of the services is set forth as Appendix B. 6. Relationship of Parties: In performing the services herein described, Sanus shall be acting only as independent contractor and shall not be designated or deemed the administrator with respect to the Plan or the appropriate named fiduciary for review of claim denials under the Plan for the purpose of the Employee Retirement Income Security Act of 1974 or any other Federal or state law of similar nature. Sanus shall arrange for the provision of all services LG\rwASO+/FWAG.DrrF691 -5- hereunder as an independent contractor and not as an officer, l agent, servant or employee of Employer. Sanus shall have the exclusive control of, and exclusive right to control, the details of the administration of this Agreement. Sanus agrees to assist Employer in its responsibility for compliance with all requirements imposed by Federal or State authorities upon Employers who have established health benefit plans. Employer agrees to accept Sanus ' decision, with respect to the benefit provisions administered by Sanus, on the monetary amount of Plan Benefits for which Employer is responsible. However, if the Employer determines that the Plan provisions have been misinterpreted and so informs Sanus in writing, all claims reported after delivering of such writing shall be processed and paid in accordance with Employer' s instructions. Any claims that, in the judgement of Sanus, are doubtful or partially or wholly deniable shall be referred to Employer's designee for determination. Employer shall be responsible for review of appealed claims. 7. Responsibility of Parties: Employer is solely responsible for its obligations under the Benefit Plan. Sanus undertakes to provide Administrative Services Only. Sanus shall not be liable for the payment of benefits under this Plan. Sanus shall use ordinary care and reasonable diligence in the exercise of its powers and the performance of its services, LGUavASO+/FWAG.DTF691 —6— (D and shall not be liable for any loss unless resulting from its negligence or willful misconduct. 8 . Information to be Furnished by Emplover: Employer shall furnish Sanus with all information necessary for the administration of benefits under the Benefit Plan, as Sanus may reasonably require. 9. Administration Charges: The charges to Employer for the performance of the services described herein by Sanus shall be paid whether or not there is any unresolved dispute claimed by either party and shall be as described in Appendix D. 10. Term: With regard to Active Employees, this Agreement shall be for an initial period beginning on the Effective Date and ending at midnight on the September 30th next following the Effective Date, and shall continue thereafter for subsequent contract year terms until terminated pursuant to Paragraphs 12, 13 and 14 . With regard to Retirees, this Agreement shall be for an initial period beginning January 1, 1991 and shall be subject to all other terms and conditions set forth in the previous sentence. 11. Renewal: Either party may decline to renew at the end of any term by giving the other party sixty (60) days advance written notice. ,` LG\t-ASO+/FIRAG.DTF691 -7- 12 . Termination Without Cause: Either party may terminate this Agreement, without cause, upon one hundred twenty (120) days advance written notice to the other. 13 . Termination With Cause: Either party shall each have the additional option to terminate this Agreement for cause, upon thirty (30) days prior written notice following the occurrence of any of the following events: (a) Failure of the other party to comply with any provision of this Agreement thirty (30) days after receipt of written notice; (b) Failure of the other party to comply with applicable statutory or regulatory requirements fifteen (15) days after receipt of written notice; (c) Negligence, fraud or embezzlement on the part of the other party as deemed to have occurred in the notifying party' s sole judgement. 14 . Effect of Termination: Upon termination, Sanus shall complete processing all claims for benefits under the Benefit Plan and shall receive a fee of 6% of claims payable as reimbursement for expenses incurred and paid after termination or incurred prior to termination but not paid until after the date of termination, subject to the provisions of Appendix E. Such fee shall be due and payable thirty (30) days from date of invoicing by Sanus. LG\mASO+/FW-AG.9TF691 -8- 15. Records: All data and records pertaining to all Enrollee transactions are the property of Employer which Sanus shall maintain, at its principal office, under the Benefit Plan for the term of this Agreement and six (6) years thereafter unless otherwise requested by Employer in writing. 16. Complaints and Litigation: Employer and Sanus shall promptly notify the other of any complaint to or from any state or Federal regulatory authority of which each party becomes aware in connection with any transaction covered by this Agreement. Such notices shall be addressed as set forth in Paragraph 23 of this Agreement. If a suit arises under any rejected claim, Employer will defend at its expense and pay any judgement arising therefrom, unless, at Employer's request, Sanus agrees to defend such claim at Employer's expense or upon such other terms and conditions as the parties shall agree upon. 17. Venue and Jurisdiction: Should any action, whether real or asserted, at law or equity, arise out of the execution, performance, attempted performance or non-performance of this Agreement, venue for said action shall lie in Tarrant County, Texas. This Agreement and any action in connection herewith is and shall be governed, construed and enforced by the laws of the State of Texas. ' 5 LG4wASO+/FWAG.DTF69I -9- 18 . Audit and Review: Sanus ' performance of services and maintenance of records pursuant to this Agreement shall be subject to review by Employer at any time. Review will be at the sole expense of Employer and upon reasonable notice during ordinary business hours. Sanus will provide any reports and data with respect to the performance of services as may be necessary from time to time upon thirty (30) days prior written request by Employer. 19 . Use of Name: Employer shall not use the name of Sanus except as authorized in writing. 20. Amendment: This Agreement shall not be modified or amended except in writing, signed by an officer of Sanus and Employer. The waiver by a party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to be, a waiver of any subsequent breach or violation thereof. 21. Assignment: Any unauthorized or purported assignment or delegation of any of Sanus ' rights or duties hereunder, without the prior written consent of Employer on an assignment form, shall be void and constitute a breach of this Agreement. This Agreement shall be binding upon the parties, their successors and assigns. Employer agrees not to unreasonably withhold consent to the assignment of this Agreement. In the LG4wAS0+/FW-AG.DTF691 -10- event that Employer cannot agree to such assignment, Employer k shall be permitted to terminate this Agreement with one hundred twenty (120) days prior written notice to Sanus and without penalty. 22 . Severability: If any part, term, or provision of this Agreement shall be held void, illegal or unenforceable, the validity of the remaining portions or provisions shall not be affected thereby. 23 . Waiver: The failure of either party to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of that party's to assert or rely upon any such term or right on any future occasion. 24 . Appendices: Each Appendix and Exhibit to this Agreement is a part of this Agreement as if set forth as a numbered paragraph. 25. Notices: Any notice required to be given pursuant to the terms hereof shall be sent by certified mail, return receipt requested, postage prepaid to: ` LG4wA5O+/FW-AG.DrrF691 '11' SANUS TEXAS HEALTH PLAN, INC. 8600 Freeport Parkway Suite 3040 Irving, Texas 75063 Attention: Executive Director and to: CITY OF FORT WORTH 1000 Throckmorton Fort Worth, Texas 76102 Attention: Risk Manager 26. Effective Date: The Effective Date of the initial term of this Agreement shall be construed as October 1, 1990 as such Agreement relates to the Benefit Plan extended to Active Enrollees and as January 1, 1991 as such Agreement relates to the Benefit Plan extended to Retired Enrollees. The Effective Date of subsequent terms shall be construed as the next following October 1st for all Enrollees. 0 27 . Indemnification: An Indemnification Agreement is set forth hereto in Appendix F. 28. Enrollment Period: The Enrollment Period shall be from September 1, 1990 to October 15, 1990 for Active Enrollees and from October 15, 1990 to December 31, 1990 for Retired Enrollees. 29. Non-Appropriation of Funds - In the event no funds or insufficient funds are appropriated and budgeted in any fiscal year for fees due pursuant to this Agreement, Employer shall LGVwASO+/FW-AG.O?F691 -12- notify Sanus as to the prospective date on which said funds will no longer be available; this Agreement shall be terminated on the last day of that month in which said notice is effective without penalty or expense to Employer of any kind whatsoever, except as to the portions of fees herein agreed upon for services rendered through the effective date of termination. 30. The Table of Contents annexed hereto lists all documents comprising the entire Agreement between Sanus and Employer, including this ASO document and all appendices and exhibits. IN WITNESS WHEREOF, and as duly authorized, th paxtil�s hereto execute this Agreement with the Effective Date he i n g provided. CITY OF FORT WORTH SANDS TEXAS HEALTH PLAN, INC. BY: OLI"— BY TITLE: �` �� TITLE: DATE: DATE:— AT� T/ City Secretary APPROVED AS TO FORM AND LEGALITY: City Attorney Date Co riu''1 rization Lc�nso+/MAGMU691 —13— Date APPENDIX A DEFINED AREA This Appendix sets forth the Defined Area in which Participating Providers are available for service to Enrollees: The entire Counties of: Collin, Cooke, Dallas, Delta, Denton, Ellis, Fannin, Grayson, Hood, Hopkins, Hunt, Johnson, K Kaufman, Parker, Rains, Rockwall, Somervell, Tarrant and Wise; and that portion of Palo Pinto County which includes the incorporated city of Mineral Wells. .,- LG\r.ASO+/FW-A.DTF591 A_] ZD. APPENDIX B HEALTH CARE MANAGEMENT SERVICES PROVIDED BY SANDS Sanus shall provide the following services with respect to the Benefit Plan: 1. Determine the amount necessary, on a monthly basis, to enable Employer to fund the Benefit Plan and notify Employer of the minimum balance required in the Plan Funding Account. 2 . Process all claims for Benefits, all payments to Providers and authorized charges by Sanus. 3 . Maintain and make available to Enrollees & dependents the participating provider network and compensate providers in accordance with established procedures. 4 . Provide Utilization Review and Quality Assurance programs in connection with the managed health care benefit provisions generally as follows: LG\r ASO+/FW-B.DTF591 B-1 Utilization Review (UR) : Maintain a program requiring n, Participating Providers to participate in a utilization review procedure that includes (a) pre-admission review and certification, (b) concurrent review or length of stay certification and/or discharge planning, (c) second surgical opinion and (d) retrospective review. The program shall be operated for the purpose of examining the cost and economic appropriateness of utilizing medical and health resources, to identify variances from previously established and professionally recognized norms and to attempt to correct variances where appropriate. Quality Assurance (QA) : Maintain a Quality Assurance av , program designed to assure that medical services, including treatment of illnesses and injuries, will be provided in a manner assuring availability of adequate physicians and other health care providers, specialty care and facilities. 5. Maintain in computerized form a roster of Participating Providers containing names, ID numbers, addresses and such other information as Employer may reasonably require and shall update the roster monthly to record additions, terminations and other changes. LG4wAS0+/FW-B.DTF591 B-2 0 6. Furnish to Employer Booklets and/or Certificates of Coverage for distribution to Enrollees describing benefits available. 7 . Prepare and deliver I.D. cards to Employer for use by Enrollees . 8 . Notify claimants of rejected claims and the reasons therefor. 9 . Investigate claims as necessary. �` LG%x.A50+iFW-B.DTF591 B-3 APPENDIX C PLAN FUNDING ACCOUNT 1. Employer shall guarantee that sufficient funds are available so as to enable Employer to wire transfer monies as required herein or so as to permit Sanus to draft from Employer's Plan Funding Account as established for purpose and as permitted herein, amounts required for: (a) payment of Fixed Administra- tive Charges, as set forth in Appendix D annexed hereto, (b) payment of Medical Program Costs as set forth in Appendix E annexed hereto and (c) monthly payment, on behalf of Enrollees, of (i) the Primary Care Physicians, Mental Health/Chemical Dependency Providers, Clinics and Medical 10 Laboratory capitation expenses ("Fixed Medical Expenses") , (ii) the fee-for-service expenses including major medical expenses from Physicians, Hospitals and Other Health Care Professionals ("Fee-For-Service Medical Charges") . Employer shall accept Sanus ' determination as to amounts payable to providers and for payment of Plan Benefits. Payment of Plan benefits may be suspended in the event that Employer fails to wire transfer monies as required herein or if Sanus is unable to access funds as permitted hereto. 2 . Charges made by the depository in connection with the operation of the Plan Funding Account ("Bank Account Charges") shall be the responsibility of the Employer. LGUwASO+/FW-C.DrrF691 C-1 3 . Service charges to the Employer for services performed by Sanus (Fixed Administrative Charges and Medical Program Costs) shall be as set forth in Appendix D and Appendix E respectively. 4 . Monies required to reimburse Sanus for Fixed Medical Expenses and Fee-For-Service Medical Charges shall be payable by Employer each month of the contract term, commencing in December 1990 for costs attributable to Active Enrollees and commencing in March 1991 for costs attributable to Retired Enrollees. a. Upon Sanus ' determination of actual monies due for Fixed Medical Expenses, Sanus will notify Employer, via M k. telefax, of the dollar amount owed. Employer agrees to compensate Sanus, by wire transfer of funds to the appropriate account as determined by Sanus, on or before the next business day following receipt of such notification. b. At intervals compatible with Sanus' usual and customary business practice for payment of claims, Sanus will determine the actual dollar amount of Fee-For-Service Medical Charges incurred by Sanus on Employer' s behalf and will notify Employer of said dollar amount owed by Employer via telefax. In the event that said dollar LG4wASO+/FW-C.DTF691 C-2 amount is two hundred fifty thousand dollars ($250, 000. 00) or less, Sanus will draft said amount from Employer' s Plan Funding Account on the next business day following Sanus ' notification to Employer of the actual dollar amount due and payable. If such dollar amount exceeds two hundred and fifty thousand dollars ($250, 000. 00) , Employer agrees to reimburse Sanus such amount on the next business day following notification of the amount due and payable by wire transfer of funds to the appropriate account as determined by Sanus. 5. Employer acknowledges that Fee-For-Services Medical Charges incurred during the contract term yet payable by Sanus after the termination date of this Agreement remain the financial responsibility of Employer irrespective of the termination of this Agreement. Employer agrees to compensate Sanus for such Fee-For-Service Medical Charges as set forth in Paragraph 4 above, and subject to the provisions of Appendix E. 6. If Employer and Sanus determine that Sanus has paid claims for services not covered under the Benefits Plan, the amount of any such claims shall be refunded by Sanus to Employer within thirty (30) days of request of refund by Employer. LG4wAS0+/FW-C.DTFfAI C-3 APPENDIX D FIXED ADMINISTRATIVE CHARGES 1. The Fixed Administrative Charge attributable to Active Enrollees and payable by Employer for services performed by Sanus under this Agreement for the initial twelve-month term shall be $209 , 100. 33 per month. The Fixed Administrative Charges attributable to Retired Enrollees and payable by Employer for services performed by Sanus under this Agreement for the initial nine month term shall be $61, 646. 00 per month, based on an enrollment of sixteen hundred (1, 600) or less retirees. Each five percent (5%) increase in the number of Retired Enrollees will result in a five percent (5%) increase in the Fixed Administrative Charges attributable to and payable for Retired Enrollees for that month in which such increased enrollment is realized and all subsequent months in which the increase continues. Employer agrees to wire transfer, into the appropriate account as designated by Sanus, on the first working day of each month the total amount of Fixed Administrative Charges for all Enrollees due Sanus for that month, as set forth herein and pursuant to the terms and conditions of Appendix C. No further notification regarding such payment shall be required of either party. LGvwAW+/Fv-o.urT-69i a-t APPENDIX E MEDICAL PROGRAM COSTS Medical Program Costs are the costs of the Fee for Service Medical Charges and Fixed Medical Expenses provided to all Enrollees and their dependents under this Agreement. I. Medical Program Costs shall be paid by Employer via wire transfer of funds into the appropriate account as designated by Sanus on the second working day of each of the first three months of the initial term, namely, October, November and December, 1990 for Active Enrollees and January, February, and March 1991 for Retired Enrollees. Employer agrees to notify Sanus via telefax of the exact dollar amount due and payable based on enrollment for each of those months on the first working day of those months. Medical Program Costs shall be payable at the rate set forth herein for each person who is an "Enrolled Employee" , as determined by Sanus, as of the first day of that month for which said payment applies. For purposes of this Appendix E and the ASO Agreement to which it is attached, "Enrolled Employee" means any person, either Actively-at-Work or Retired, who is deemed by Employer to be a participant in the Benefit Plan issued by Employer and for whom Sanus provides Administrative Services Only. u,-%mASo+/ASV-E NV691 E-I II . Monies payable as Medical Program Costs on a monthly basis for the first three months of the initial contract term as defined herein and for the first three months of any subsequent contract terms shall be wire transferred to Sanus and be equal to the aggregate amount of the rates set forth below payable for each Employee and his dependents at that rate which reflects the option level under which said Employee and his Dependents were eligible to receive health care benefits for the month in which said payment applies. III. The rates to be used to determine Medical Program Costs, as permitted herein, shall be as follows: High Option Benefit Plan Active Retired Enrollee Enrollee Employee $103 .98 $159 . 34 • Spouse 355. 08 369 .89 • Children 310. 18 329 . 78 • Family 426. 13 409 . 99 Low Option Benefit Plan Active Retired Enrollee Enrollee Employee $ 80. 80 $120. 98 • Spouse 291.81 291.25 • Children 254 . 08 258. 82 • Family 351. 52 323 . 68 LG%rwAc0+/FW4EMIF691 F-2 QJ Low Option OOSA Only Benefit Plan (Out-of-Service Area Retired Enrollees) Retired Enrollee Employee $120. 98 • Spouse 291. 25 • Children 258 . 82 • Family 323 . 68 IV. For months four through twelve of the initial contract year and of any subsequent contract years, Sanus will calculate the anticipated Medical Program Costs for that month based on actual enrollment for that month and at the rates set forth above. Such calculation will determine the Employer's monthly liability unit. The result of that calculation, when added to the actual Medical Program Costs paid in months one through three, equates the Employer's aggregate maximum liability for the contract term, excluding fixed Administrative Expenses and the additional administrative fee equal to 6% of all Fee-for-Service Medical Charges incurred during the contract term but paid after the termination of this Agreement in the event this Agreement is not renewed for the October 1, 1991 term. The reconciliation of all Medical Program costs with actual medical expenses, including Fee-For-Service Charges and Fixed Medical Expenses, shall be continual throughout the term of this LG%twA90+/Fv4EureG 1 E-3 Agreement. Sanus will provide periodic reports to Employer of the status of the aggregate maximum liability limit. To the extent that Sanus has not received payment for claims paid above the monthly liability limit but within the Employer' s annual liability, Employer will remit payment during the reconciliation period. within one hundred twenty (120) days after the end of each contract term, Sanus will provide to Employer a reconciliation statement reflecting monies due either party, if any. Said monies are to be paid by the owing party within thirty (30) days of receipt of the reconciliation statement. r u.%mASo+Mv-FLD7T*w1 E4 APPENDIX F INDEMNIFICATION AGREEMENT I . A. Each party shall be liable for its own acts and omissions incurred in the performance of its specific obligations under this Agreement. B. The Employer shall be responsible for the payment of all taxes imposed in relation to the Employer' s Benefit Plan including any taxes which may be imposed upon the fees actually received by Sanus for services provided pursuant to this Agreement. C. It is the intent of Sanus and Employer to cooperate fully with each other with respect to any such claim or suit against Sanus or Employer. II. Sanus agrees to maintain blanket bond coverage with a limited liability in an amount satisfactory to Employer and in reasonable proportion to the dollar amount and volume of benefit payments paid and administered to indemnify and hold the Employer harmless against any and all loss, damage and expense including court costs and attorney fees resulting from or arising out of dishonest, fraudulent or criminal acts of F .� LG\r-ASO+/FW-F.DTF591 F-1 Sanus ' employees, officers and agents in performing services under the Agreement. III. It is the intention of both parties that, without the consent of the other, neither will in any case take any action, waive any defense, or compromise any suit which would knowingly prejudice the other party' s defense with respect to the commission of a crime or the violation of any penal provision of any state' s insurance laws, unless required to so by law. LG\mASO+/FW-F.DTF591 F-? EXHIBIT 1 PART A GROUP MEMBERSHIP SERVICE AGREEMENT AS ADMINISTERED BY SANUS TEXAS HEALTH PLAN Your Employer certifies that, subject to the terms and conditions of the Benefit Plan and, more particularly, to the terms and conditions of this Part A, you are covered for the benefits described herein. The following terms and provisions apply to the Managed Health Care Benefits Option (Part A) of the Benefit Plan: Following are the terms and provisions of Employer' s Health Benefit Plan: I. DEFINITIONS Except as expressly otherwise provided or unless the context otherwise requires, the following words and phrases used in this Part A shall have the following meanings: LGVwAS0+/FWIAZrF691 1A-1 1. "Actively at Work" means that an Eligible Employee must be performing usual and customary duties of his regular employment during his usual working hours on his Effective Date of coverage; provided, however, that if the Eligible Employee is absent from work due to vacation, holiday, jury duty or other similar circumstances not caused by injury or illness, such employee shall be considered "Actively at Work" . 2 . "Agreement" means the Administrative Services only contract executed by and between Employer and Sanus, including all appendices and exhibits hereto. 3 . "Ambulatory Surgical Center" means a non-hospital center which provides ambulatory surgical services and which is properly licensed as such by the State of Texas. 4 . "Application" means the forms prescribed by Employer which each Employee shall, on his own behalf and on behalf of his Dependents, be required to complete and submit to Employer for the purpose of enrolling himself and such Dependents for coverage hereunder. 5. "Copayment" means the fee set forth in Part A to be paid by Enrollees at the time of service directly to LG4wASO+/F W-I A.OTF691 1A-2 Physicians, Hospitals or other Health Professionals in connection with the services set forth in Part A. 6. "Covered Services" means only the medical care, services and supplies rendered under the following conditions : a. provided, directed or authorized by the Enrollee ' s Participating Primary Care Physician, except in the case of a Medical Emergency, as defined by the Plan, b. prescribed by a doctor for the therapeutic treatment of injury, sickness or pregnancy, C. deemed Medically Necessary and appropriate in type, level setting, and length of service by the Plan, d. rendered in accordance with generally accepted medical practice and professionally recognized standards, e. not generally considered to be experimental , investigational, or which are performed for research purposes, and f. services which are specifically included and not excluded or limited or not specifically excluded by the Plan. 7. "Custodial Care" means that care which is marked by or given to watching and protecting rather than seeking to cure; or (2) care which is not a necessary part of LG\mASO+/FW-I A.DTF691 1A-3 medical treatment for recovery; or (3) care comprised of services and supplies that are provided primarily to , assist in the activities of daily living. 8. "Deductible" means the expense set forth in Part A, which the Enrollee is required to pay directly to the Physicians, Hospitals, or other Health Care Providers in connection with Covered Services, before receipt of Covered Services. 9. "Defined Area" means the area, described in Appendix A, within which Participating Hospitals, Physicians and Providers are available to provide health care services to Enrollees. ID 10. "Dependent" means an Eligible Dependent who has been enrolled under the Plan and for whom the appropriate contribution payments required have been received by Employer. 11. "Domiciliary Care" means that care provided for persons so disabled or infirm as to be unable to live independently. 12 . "Effective Date" means the effective date of an Enrollee 's coverage. LG\mASO+/FW I A.DTF691 1A-4 13 . "Eligible Dependent" means an Eligible Employee ' s spouse '4) or child who meets the dependent eligibility requirements set forth in Section II.A of this Part A. 14. "Eligible Employee" means an individual who meets the eligibility requirements set forth in Section II.A of this Part A. 15. "Emergency Care" means bona fide emergency services provided after the sudden onset of a medical condition manifesting itself by acute symptoms of sufficient severity, including severe pain, such that the absence of immediate medical attention could reasonably be expected to result in: I a. placing the patient 's health in serious jeopardy; b. serious impairment to bodily functions; or C. serious dysfunction of any bodily organ or part. 16. "Enrollee" means a person covered under the Benefit Plan. 17. "Enrollment Period" means the period announced by the Employer during which Eligible Employees and Eligible Dependents may elect to enroll under this Part A or terminate their enrollment in this Plan. ti'- LGN wASO+/FWIA.DTF691 1A-5 18 . "Free Standing Surgical Center" shall have the same F_ meaning as Ambulatory Surgical Center. ` 19 . "Health Professional" means dentists, nurses, audiologists, podiatrists, osteopaths, optometrists, physician's assistants, clinical psychologists, social workers, pharmacists, nutritionists, physical therapists, speech therapists, and other professionals engaged in the delivery of health services who are licensed, practice under an institutional license, are certified or practice under the authority of a Physician or legally constituted professional association, or other authority consistent with the laws of the State of Texas. 20. "Hospital" means a. An institution which is operated pursuant to state law and is primarily engaged in providing, on an inpatient and outpatient basis, for the medical care and treatment of sick and injured persons through medical, diagnostic, major and minor surgical services, all of which services must be provided on its premises under the supervision of a staff of Physicians and with twenty-four hour a day registered nursing service, or LGkwASO+/FW-IA.O?F691 1A-6 0 b. An institution not meeting all of the foregoing requirements but which meets state licensing requirements and is accredited as a Hospital by the Joint Commission on Accreditation of Healthcare Organizations. In no event shall the term "Hospital" include a convalescent nursing home or any institution or part thereof which is used principally as a convalescent facility, rest facility, nursing facility, facility for the aged or extended care facility, intermediate care facility, skilled nursing facility or facility primarily for rehabilitative services; the term "Hospital" shall, pursuant to Chapter 3 , Texas Insurance Code, Article � . 3 .72 , include treatment in a residential treatment center for children and adolescents and treatment provided by a crisis stabilization unit. 21. "Medical Director" means the licensed physician in the full or part time employ of Sanus and/or such other licensed physician as the Medical Director may designate, who shall be responsible for monitoring the quality of medical care rendered to Enrollees. 22 . "Medical Emergency" means a medical condition so classified by the Medical Director and which manifests ;k a -z= LG4wAS0+/FWIA.DTF691 1A-7 itself by acute symptoms of sufficient severity (including severe pain) such that the absence of 40 immediate medical attention could reasonably be expected to result in (a) placing the patient' s health in serious jeopardy; or (b) serious impairment to bodily functions; or (c) serious dysfunction of any bodily organ or part. 23 . "Medically Necessary" means medical or surgical treatment of an illness or injury at the appropriate level of care in accordance with accepted medical standards and Plan requirements as approved by the Plan ' s review committees for professional and technical practice and the Sanus Medical Director. 24. "Medicare" means Title XVIII of the Social Security Act 3 and regulations thereunder. 25. "Non-Participating Physician" means a physician who is not a Participating Physician. 26. "Out-Patient Emergency Care Center" means a non-hospital center which provides ambulatory medical, surgical and/or emergency services. 27 . "Participating Chemical Dependency Treatment Facility" means a facility which provides a program for the MmASO+/F W-1 A.DTF691 1A-8 4��y�;. treatment of alcohol or drug dependency pursuant to a written treatment plan approved and monitored by a Physician and which has contracted with Sanus to provide such program to Enrollee and which facility is also: a. affiliated with a Hospital under a contractual arrangement with an established system for patient referral ; or b. accredited as such a facility by the Joint Commission on Accreditation of Healthcare Organizations; or C. licensed as a chemical dependency treatment program by the Texas Commission on Alcohol and Drug Abuse; or d. licensed, certified or approved as a chemical dependency treatment program or center by any other state agency having a legal authority to so license, certify or approve. 28. "Participating Facility" means a facility properly licensed by the appropriate regulatory and licensing authorities of the State of Texas which has contracted with Sanus to provide services to Enrollees, and which facilities shall include hospitals, alcohol and drug dependency treatment facilities, out-patient emergency � Lc\mAso+/Fw-I A.DTF691 1A-9 care centers, ambulatory surgical centers and other t facilities of similar purpose. 29 . "Participating Hospital" means a Hospital (as defined in subparagraph 19 of this Section) which has contracted with Sanus to provide the inpatient and outpatient services set forth in Section II.A and II.D (or, if applicable to Section III) of the Schedule of Benefits. 30. "Participating Out-Patient Emergency Care Center" means a non-hospital center which has contracted with Sanus to provide ambulatory medical, surgical and/or emergency services to Enrollees. 31. "Participating Physician" means any Physician who has contracted with Sanus to provide care to Enrollee(s) . 32 . "Participating Primary Care Physician" means with respect to each Enrollee, the Participating Physician engaged in the practice of family practice, general medicine, internal medicine or pediatrics, who is designated in accordance with Sanus policies as the Physician having primary responsibility for coordinating such Enrollee' s medical care, providing initial and primary care to Enrollees, maintaining the continuity of such Enrollee ' s care and initiating referral for specialist care. LG\rwA50+/FW 1 A.DTF691 1A-10 33 . "Participating Specialist Physician" means any Physician x. who has contracted with Sanus to provide specialist care to Enrollees covered under this Agreement upon referral of a Participating Primary Care Physician (or upon referral of another Participating Specialist Physician with the concurrence of the responsible Participating Primary Care Physician) . 34 . "Participating Urgent Care Center" shall have the same meaning as Participating Out-Patient Emergency Care Center. 35. "Physician" means anyone licensed by the State of Texas to practice as a Physician within the scope of his �. license. 36. "Plan" means the Employer' s self-funded comprehensive health care services plan, administered by Sanus acting as an independent contractor and as covered by this Agreement. 37 . "Primarily Dependent" means a dependent receiving more than fifty percent (50%) of his support from the Enrollee, residing with Enrollee or Enrollee's present or former spouse, meeting the requirements to be claimed as a dependent on the Enrollee' s federal income tax return ^�'. Mr.ASO+/FW-IA.DTF691 1A-11 and being a dependent unmarried natural child, foster child, stepchild, legally adopted child or child under ,. Enrollee ' s legal guardianship or conservatorship and residing with Enrollee or Enrollee ' s present or former spouse. 38 . "Provider" means any Health Professional, Hospital, Chemical Dependency Treatment Facility, Out-Patient Emergency Care Center or other facility which has contracted with Sanus to provide services to Members covered under this Plan. 39 . "Sanus" means Sanus Texas Health Plan, Inc. , the entity designated by Employer to provide contractual arrangements and administrative systems to implement the Plan. 40. "Schedule of Benefits" means the schedule provided in conjunction with enrollment in this Plan and made a part hereof, which sets forth the benefits and services that Employer shall make available to Enrollees. 41. "Semi-Private" means a room in a Hospital or Skilled Nursing Facility containing two (2) to four (4) beds and/or classified as semi-private by such Hospital or Skilled Nursing Facility. LG\.-ASO+/FW-I A.DTF691 1A-12 42 . "Skilled Nursing Facility" means an institution or part , thereof, licensed by state or local law, that is accredited as an extended care facility by the Joint Commission on Accreditation of Healthcare Organizations or is recognized as a skilled nursing facility by the Secretary of the Department of Health and Human Services under Title XVIII of the Social Security Act, as amended. 43 . "Urgent Care" shall have the same meaning as Medical Emergency. 44 . "Urgent Care Center" shall have the same meaning as Out- Patient Emergency Care Center. ( II. ELIGIBILITY; EFFECTIVE DATE OF COVERAGE A. Eligibility 1. To be eligible to enroll, an Employee must be: a. Eligible under eligibility criteria established by the Employer, and b. Entitled on his or her own to participate in the medical and hospital care benefits arranged by the Employer. LG1-ASO+1FW.1 A.DTF691 1A-13 2 . To be eligible to enroll as a Dependent, a person must be: a. The spouse of an Enrolled employee, or b. A dependent unmarried natural child, foster child, stepchild, legally adopted child or child under Enrollee's legal guardianship or custodianship, residing with Enrollee or with Enrollee 's present or former spouse who is: (1) under nineteen (19) years of age, or (2) under twenty-three (23) years of age, Primarily Dependent on the Enrollee for financial support and attending a state accredited college or university, trade or secondary school on a full time basis, which has, in writing, verified said attendance. C. A dependent unmarried natural child, foster child, stepchild, legally adopted child, or child under Enrollee's legal guardianship, residing with Enrollee or with Enrollee's present or former spouse, who is nineteen (19) years of age or older but incapable of self-sustaining employment because LG\fWASO+/FWIA.=691 1A-14 of mental retardation or physical handicap commenced prior to age nineteen (19) (or commenced prior to age twenty-three (23) if such child was attending a recognized college or university, trade or secondary school on a full time basis when such incapacity occurred) and Primarily Dependent upon the Enrollee for support and maintenance. Such dependent child must have been enrolled at all times under the Employer's benefit plan either prior to attaining nineteen (19) years of age or twenty-three (23) years of age under the conditions of the previous sentence. Enrollee shall give Employer proof of such incapacity and dependency within thirty-one (31) days before the dependent child' s attainment of the limiting age and from time to time thereafter as Employer deems appropriate. d. Maternity care benefits will be extended to an Enrollee's unmarried Dependent child. No benefits are provided for the infant child of the Enrollee ' s unmarried Dependent child unless the infant child of the unmarried Dependent is otherwise eligible for coverage by Enrollee. If such infant child is eligible for coverage by the Enrollee, such coverage will be available as described in Section p Lcw Aso+IFv-1 A.DTF691 1A-15 II .A of this Agreement, provided appropriate notices and premiums have been timely. B. When an Enrollee's Coverage Becomes Effective 1. During the Employer's Enrollment Period: Each Eligible Employee who applies for enrollment in the Plan by submitting an Application during an Enrollment Period shall become an Enrollee on the Effective Date, provided such Employee is Actively at Work and meets Employer's eligibility criteria on that date, otherwise it will begin the first day this requirement is met. 2. Other Than During the Employer's Enrollment Period: Each Eligible Employee who first meets the eligibility requirements of Section II.A other than during the Employer' s Enrollment Period may enroll within thirty-one (31) days of meeting such requirements by submitting an Application, provided that such employee has completed one (1) month of continuous service and that such Employee must be Actively at Work on such day, otherwise coverage shall begin the first day these requirements is met. LGkwAS0+/FW-IA.DTF691 1A-16 3 . An otherwise eligible employee who is: (a) not Actively- r at-Work on the Effective Date of the group enrollment due to the fact that he/she is confined in a hospital or other medical institution or confined at home; and (b) who was a covered individual under the Sanus insured product as of September 30, 1990 shall be considered eligible on October 1, 1991. Retirees who are otherwise eligible but are afforded extension of benefits under Aetna until December 31, 1991 shall become eligible under this Plan effective January 1, 1992 . C. When Dependent Coverage Becomes Effective For the purposes of this Section, the following words and phrases shall have the following meaning: "Confined in a Hospital or Other Medical Institution" means that a person is a patient and/or undergoing medical care or treatment in a Hospital, nursing home, or other medical institution. "Confined at Home" means that a person is undergoing medical care. or treatment in his home and/or has a condition, due to an illness, injury or congenital deformity, which restricts the Lc\mAs0+1ew-1 A.rnFwi 1A-17 patient ' s ability to leave his home without the aid of a supporting device, or monitoring equipment, or without the aid of another person. 1. On Date Enrollee Becomes Covered: An Eligible Dependent for whom the Enrollee has applied for membership in the Plan by submitting an Application shall become covered under the Plan as a Dependent, subject to the preexisting condition rider of the Plan, on the Effective Date, provided that any Dependent Confined at Home or Confined in a Hospital or Other Medical Institution on the day that person would otherwise become covered will become covered on the first day such Dependent is not confined. No Dependent can be covered before the date the Employee becomes covered. If the Employee or Retiree did not become covered solely because he did not meet the Actively-at-Work requirement stated in Section II.B, his eligible Dependents who otherwise meet all requirements will become covered on either (1) the day the Employee becomes covered after having met the Actively-at-Work requirement or (2) the day on which the Retiree's continuation of coverage benefits expire as stated in Section II.B. 3 , whichever occurs first. 2. Newly Acquired Dependents; Dependents First Becoming Eligible Other Than During an Enrollment Period: LOkwA50+/FW-IA.DW691 1A-18 a. A newly acquired Eligible Dependent other than a newborn child, and an Eligible Dependent who first meets the eligibility requirements of Section II.A other than during an Enrollment Period and has an Application submitted on his behalf within thirty- one (31) days of meeting such requirements shall be covered as of the first day on which he meets such requirements, subject to the preexisting condition Amendment of the Plan, provided that any Dependent Confined at Home or Confined in a Hospital or Other Medical Institution on the day that person would otherwise become covered will become covered on the first day such Dependent is not confined. b. Newborn children of an Enrollee and/or an of Enrollee's spouse shall be covered under the Plan for an initial period of thirty-one (31) days from the date of birth, and shall continue to be so covered after that time only if, prior to the expiration of such thirty-one (31) day period, Enrollee notifies Employer with an Application submitted for such newborn child. C. A newly adopted child, including a newborn, shall be covered under the Plan as if he were a newly acquired Eligible Dependent. The thirty-one (31) ..,`i LG\wAS0+/FW-IA.DTF691 1A-19 day period for submission of an Application shall commence on the earlier of the date upon which such child commences residence with the Enrollee or when the adoption becomes legal, and coverage shall begin on such earlier date provided the Application is submitted on a timely basis. D. Coverage on Effective Date In the event an employee or dependent has satisfied the eligibility conditions in Section II of this Agreement on the date that coverage under this Plan becomes effective, such person shall, as of that date, be covered under the Employer's Plan. The Plan shall not cover, or otherwise be liable for services rendered prior to the Effective Date or for such confinement or services not covered under this Plan, including those services covered under Extended Benefits coverage of any other health plan as described in Section II.A. E. Change of Eligibility Criteria Requirements for participation in medical and hospital care benefits arranged by the Employer are considerations material to the provision of benefits. Any change in LGVwASO+/FW-IA.DTF691 1A-20 such requirements is under the exclusive control of the Employer, subject to Sanus ' prior written consent. III. TERMINATION OF COVERAGE OF ENROLLEES FOR CAUSE A. Termination of Enrollee 1. The coverage of any Enrollee who ceases to be eligible under Section II.A shall terminate thirty- one (31) days after the date such eligibility ceases. This paragraph also applies to a Dependent of an Enrollee who lost his eligibility, for what- ever reason, including the death of the Enrollee. Indefinite suspension shall not be considered as a �) termination of employment for group health benefit payment purposes only, and such payment shall be the sole responsibility of the Enrollee. 2 . For coverage purposes, an Enrollee 's employment will be considered to terminate when the Enrollee is no longer actively engaged in work the number of hours required by the Employer to be eligible for coverage under this plan. 3 . If any payment for group health benefits, Copayment and/or required payroll deduction, if any, is not LG\rwASO+/FW-IA.DTF691 1A-21 paid in a timely manner by or on behalf of any Enrollee, coverage may be canceled after not less than a thirty (30) day written notice to the Enrollee by the Employer or Sanus. 4 . Fraud or misrepresentation by Enrollee will cause coverage to be canceled after not less than a fifteen (15) day written notice to the Enrollee by the Employer or Sanus. 5. Failure of an Enrollee to meet eligibility requirements may cause coverage to be canceled immediately, subject to the continuation of coverage and conversion provisions. 6. Failure of the Enrollee and Participating Physician to establish a satisfactory Patient- physician relationship may cause coverage to be terminated, if it is shown that Sanus has, in good faith, provided the Enrollee with the prior written notice as required below and the op- portunity to select an alternative Participating Physician. The Enrollee shall be notified in writing at least sixty (60) days in advance that the Patient-physician relationship is considered to be unsatisfactory by Sanus; Sanus must LG4mA5O+/F W-I A.DTF691 1A-22 ' specify the changes that are necessary in order to avoid termination. If the Enrollee has failed to make such changes, coverage may be canceled at the end of the sixty (60) days. 7 . Refusal of an Enrollee to accept recommended procedures or treatment as described in Section V.A may cause the Enrollee's coverage to be terminated after not less than a sixty (60) day written notice, so as to allow sufficient time for the Enrollee to elect and consult with another Participating Physician or Participant Provider. IV. SPECIAL REQUIREMENTS FOR MEMBERS COVERED UNDER MEDICARE A. Employer coverage under the Plan shall be primary when an Enrollee age 65 or older is enrolled in Medicare and is employed by the Employer. Employer coverage shall be primary for the spouse of an Enrollee who is employed by the Employer when such spouse is a Dependent, is enrolled in Medicare and is age 65 or older. B. The Plan shall be primary as compared to Medicare, for a period of not less than nine (9) months and not LG4wAS0+/flV-IA.D7'F691 1A-23 greater than twelve (12) months for Enrollees who have become entitled to Medicare solely on the basis of end stage renal disease. Said twelve (12) month period begins with the earlier of: (1) the month in which a regular course of dialysis is initiated; or (2) in the case of an individual who receives a kidney transplant, the first month in which the individual became entitled to Medicare. C. When an Enrollee is entitled in Part A and/or Part B or Medicare and Medicare is the primary insurer, Employer' s Plan shall pay on behalf of such Enrollee all Medicare deductible and co-insurance payments. The Enrollee shall remain liable, however, on a carve- out basis, for the Copayments and deductibles set forth in the Schedule of Benefits in the event that such Copayments and deductibles are less than the Medicare deductibles and required Medicare coinsurance payments. V. REFUSAL TO ACCEPT TREATMENT: EXCESSIVE TREATMENT A. Certain Enrollees may, for personal reasons, refuse to accept procedures or treatment recommended by a Participating Physician and/or Provider. The Participating Physician and/or Provider may regard LG'rwASO+/FW I A.OTF691 1A-24 such refusal to accept their recommendations as incompatible with the continuation of their Physician- patient and/or Provider-patient relationship and as obstructing the provision of proper medical care. If an Enrollee refuses to accept such recommended treatment or procedure and the Participating Physician and/or Provider believes that no professionally acceptable alternative treatment or procedure exists, such Enrollee shall be so advised in writing. If the Enrollee still refuses to accept the recommended treatment or procedure, then the Enrollee may be terminated in accordance with Sections III.A. 6 and III.A. 7 . B. If two (2) or more Participating Physicians who have rendered care to an Enrollee inform the Employer that the Enrollee is receiving health services or prescription medications in a manner or in a quantity which is not Medically Necessary or not medically beneficial, the Enrollee may be required by Sanus to select a single Participating Primary Care Physician (hereafter referred to as a "Coordinating Health Plan Physician") and a single Participating Pharmacy for the provision and coordination of all future health services. / LG\mASO+/FW-IA.DrF691 1A-25 If the Enrollee fails to select a Coordinating Health Plan Physician and a single Participating Pharmacy within thirty (30) days of written notice by Sanus of the need to do so, the Employer shall designate a Coordinating Health Plan Physician and a Participating Pharmacy for the Enrollee. Following selection or designation of a Coordinating Health Plan Physician for an Enrollee, coverage for health services shall be contingent upon each health service being provided by or through written referral of the Coordinating Health Plan Physician for that Enrollee. VI. PAYMENT REQUIREMENTS 1. The required payments, if any, from Enrollees for the services and benefits made available hereunder are in the Schedule of Benefits. 2 . Copayments are due and payable to the Physician and/or Provider at the time a service is delivered. The maximum amount of Copayment for Plan Benefits in any calendar year will not exceed the amounts specified in the Schedule of Benefits. It is the Enrollee' s responsibility to retain receipts and to notify the LGVWASO+1FW-IA.DTF691 1A-26 Q Employer upon attaining the Copayment limit so that additional services will be provided without a Copayment charge. 3 . Any premium payments required for newborn children who meet the requirements of Section II.C(2) (b) shall be initially payable on or before the first day of the month next following the month in which the application required under Section 11.C(2) (b) is submitted to the Employer. Such initial payments shall be retroactive to the first day of the month in which such child' s date of birth occurred. Thereafter, all payments with respect to such newborn child, shall be made as otherwise required hereunder. VII. IDENTIFICATION CARDS A. Employer shall issue identification cards for the Enrollees. B. Possession of an I.D. card confers no rights to services or other benefits. The holder of the card and the name on the card must be the same and the holder of the card must be, in fact, an Enrollee on whose behalf all applicable charges have actually been paid. Any person receiving services or other benefits ��" LG\rwASO+/FW-I A.UrF691 1A-27 to which he is not entitled through use of an identification card or otherwise, shall be chargeable therefor at the actual cost of services rendered. If any Enrollee permits the use of his identification card by an other person, such card may be recalled and invalidated, and all rights of such Enrollee may be terminated (see Section III.A) . VIII. TERM AND AMENDMENT OF AGREEMENT A. Term This Plan shall be effective October 1, 1990 and shall remain in effect until September 30, 1991. Employer may terminate this Plan upon one hundred twenty (120) days prior written notice to Sanus and without consent of Enrollees. B. Amendment 1. This Plan may be amended at any time, without the consent of the Enrollees, or any other person having a beneficial interest in it. Any such amendment shall be without prejudice to any claim arising prior to the date of such amendment. LG\i.AS0+1FW-1A.UrF691 1A-28 2 . Employer may alter or revise the terms of this ! Plan, subject to Sanus ' prior consent as guarantor of this Plan. The alteration or revision shall become effective and shall be implemented by Sanus on the date contained in Employer' s notice. IX. HEALTH CARE SERVICES A. Benefits and Services 1. Employer will arrange for the provision of the benefits and services in the Schedule of ( Benefits in accordance with the procedures and subject to the limitations and exclusions specified in the Plan and this Agreement. 2 . Unless referred in writing by a Participating Primary Care Physician (or by a Participating Specialist Physician with the concurrence of the responsible Participating Primary Care Physician) , and except in cases of Medical Emergency, benefits and services set forth in Section II of the Schedule of Benefits that are rendered by a Participating Physician other than k LGVWASO+/FW I A.DTF691 1A-29 a Participating Primary Care Physician shall not be covered. 01- 3 . Unless previously authorized in writing by a Participating Physician and by the Medical Director and except in cases of Medical Emergency, all benefits and services set forth in Section II of the Schedule of Benefits shall be available and covered only when provided by a Participating Physician, Participating Hospital or by another Provider under contract with Sanus to provide health care services to Enrollees. 4 . In cases of Medical Emergency, Enrollees shall be entitled to the benefits and services set forth in Section III of the Schedule of Benefits. 5. Regardless of the foregoing, an eligible covered Enrollee and/or his eligible covered dependents who elect coverage under Exhibit 1 or Exhibit III of this Plan may at all times use the major medical benefits as set out in Part B of those Exhibits. LG4wAS0+IFlN-IA.DTF691 1A-30 0 B. Benefits and Services Excluded from Coverage y Enrollees shall not be entitled to the benefits and services described in Section IV of the Schedule of Benefits. X. LIMITATIONS The rights of Enrollees and obligations of Employer, Participating Physicians, Participating Hospitals and Providers are subject to the following limitations: A. Major Disaster or Epidemic In the event of any major disaster or epidemic that would severely limit the ability of Participating Physicians, Providers and/or Hospitals to provide health care services on a timely basis, Participating Physicians, Participating Hospitals and Providers shall, in good faith, use their best efforts to render the benefits and services covered insofar as practical according to their best judgement and within the limitation of such facilities and personnel as are then available. If Sanus, Participating Physicians, Participating Hospitals and Providers shall have, in good faith, used their best efforts to render benefits LGVwASO+/F W-1 A.DTF691 1A-31 and services in the aforesaid manner, they shall have ,hM'1 no further liability or obligation for delay or 1 failure to provide such benefits and services due to a shortage of available facilities or personnel resulting from such disaster or epidemic. Regardless of the foregoing, an eligible covered Enrollee and/or his eligible covered dependents who elect coverage under Exhibit 1 or Exhibit III of this Plan may at all times use the major medical benefits as set out in Part B of those Exhibits. B. Circumstances Beyond The Control of Employer, Sanus, Participating Physician or Provider In the event that, due to circumstances not reasonably within the control of Employer, Sanus, Participating Physicians or Providers, such as the complete or partial destruction of facilities because of war, riot, civil insurrection, or the disability of a significant number of Participating Physicians or Providers, or similar causes, the rendering of benefits and services covered hereunder is delayed or rendered impractical, Employer, Sanus, Participating Physicians or Providers shall not have any liability or obligation on account of such delay or such failure LG\mASO+/FW-IA.UrF691 1A-32 to provide such benefits and services if they shall have, in good faith, used their best efforts to render the benefits and services covered insofar as practical according to their best judgement and within the limitation of such facilities and personnel as are then available. Regardless of the foregoing, an eligible covered Enrollee and/or his eligible covered dependents who elect coverage under Exhibit 1 or Exhibit III of this Plan may at all times use the major medical benefits as set out in Part B of those Exhibits. ga, C. Limitations as Set Out in the Schedule of Benefits The benefits provided are also limited by the limitations and exclusions as set out in the Schedule of Benefits. D. Non-Covered Services The Employer shall not be responsible for the reimbursement for services or treatment of complications that result from any non-covered service, procedure or treatment. Employer shall not be responsible for prescription drugs and/or medications related to any non- covered service, procedure or treatment. c .f LGVwASO+/FWIA.DT'F691 1A-33 XI. CLAIM PROVISION A. Reimbursement of Claims Paid by Enrollees It is not anticipated that an Enrollee will make payment, other than the Copayments and Deductibles required hereunder, to any other person or institution providing benefits and services which are covered under this Plan; provided, if the Enrollee furnishes to Employer written proof that he has made payment to such person or institution with respect to benefits and services covered under this Plan, payment with respect to said services will be paid to the Enrollee, but without prejudice to Employer' s right to seek recovery of any payment made by it before receipt of such evidence. Claims must be in writing but need not be in any particular form. A letter accompanied by invoices describing the services provided will normally be sufficient. B. Proof of Claim If a charge (other than as specified in paragraph C below) is made to an Enrollee for any benefits and services which are covered under this Plan, written proof of such charge must be furnished to the Employer LGVwASO+/F W-I A.DTF691 1A-34 within six (6) months after the performance of the service. C. Pharmaceutical Services Where this Plan provides coverage for outpatient prescription drugs subject to certain deductibles, it is the Enrollee' s responsibility to retain receipts for covered drug payments. Any claim for reimbursement must be made in writing to Employer and accompanied by the relevant receipt within six (6) months following the end of the calendar year in which the covered expense is incurred. r� D. Emergency Care Services Payment or reimbursement of Emergency Care services (see Schedule of Benefits Section III for a description of covered Emergency Care services) provided by Physicians, Hospitals or Health Professionals that have not contracted with Sanus to provide services under the Plan, whether inside or outside the Defined Area, will be on a fee-for-service basis subject to a maximum allowable fee, and subject to Copayments, Deductibles and exclusions set out in 1 r;� LGVWASO+4W-I A.DTF691 1A-35 the Plan, as well as the following additional y conditions: 1. The Enrollee and Provider must notify the Plan or his Participating Primary Care Physician of his condition and the service arrangements within forty-eight (48) hours after the onset of the Medical Emergency and receive authorization for continued services, if indicated. If the Enrollee ' s physical condition does not permit such notification within the prescribed time, he must make the notification as soon as it is reasonably possible to do so. 2 . The claim for reimbursement must be made in writing within sixty (60) days of the onset of the Medical Emergency and for which payment is requested, accompanied by invoices or other appropriate evidence of payment. E. Failure to Furnish Proof of Claim Failure to furnish proof within the required time established in paragraphs B and C of this Section shall not invalidate or reduce any claim if it was not reasonably possible to give proof within such time, LG4wAS0+iFw-IA.rn'F691 1A-36 provided such proof is furnished as soon as reasonably possible. All such charges will be paid within sixty (60) days of receipt of written proof covering the occurrence, character and extent of the event for which claim is made unless the Enrollee is notified of the need for a longer time pursuant to paragraph G of this section. F. Examination Employer, or its designee, at its own expense, shall have the right to examine the person whose sickness or injury is the basis of a claim when and so often as it may reasonably require during the pendency of the r. claim. Such examination shall be made by a physician similarly situated with regard to education, credentials and training. In the case of major medical benefits, such examination shall be by a non- participating physician with similar education, credentials and training. Y" LG4wAS0+/FW-IA.DTF691 1A-37 G. Action on Claims Claims will be acted on within sixty (60) days unless the Enrollee is notified of the need for a longer time. If a claim is denied, a written notice will contain the reason for the denial. If the Enrollee is notified of the need for a longer time to act upon the claim, Employer shall use due diligence to act upon the claim within two hundred seventy days (270) of the date of submission of the claim. H. Review If a claim is denied, an Enrollee may obtain a review of the denial through written request to Employer. 1. No action at law or equity shall be brought under this Section against Employer: (i) prior to the expiration of the sixty (60) day period immediately following the date on which written proof of the charge or loss upon which the action is brought has, in accordance with the provisions of this Section, been furnished to Employer; or (ii) later than four (4) years LG4wASO+/FW-1A.DTF691 1A-38 after the expiration of the period of time in y: which such proof of charge or loss is required under this Section to be furnished to Employer. 2 . No liability shall be imposed upon Employer other than for the benefits and services specifically covered hereunder. XII. COORDINATION OF BENEFITS AND SUBROGATION If any benefits to which an Enrollee is entitled under this Plan are also covered under any other Health Care Plan, the benefits payable under another Health Care Plan include the benefits that would have been payable had a claim been duly f Y made therefor. This provision does not apply to individual coverage or Medicaid. A. For purposes of this Section only, the following words and phrases shall have the following meanings: 1. "Allowable Expenses" means any necessary, reasonable and customary item of expense at least a portion of which is covered under at least one of the Health Care Plans covering the person for whom claim is made. When a Health Care Plan (including this Plan) provides LGVwASO+FW-IA.DTF691 1A-39 benefits in the form of services, the reasonable cash value of each service rendered shall be deemed to be both an Allowable Expense and a benefit paid. 2 . "Health Care Plan" means any of the following (including this Plan) which provide benefits or services for, or by reason of, medical care or treatment: a. Coverage under government programs, including Medicare, required or provided by any statute unless coordination of benefits with any such program is forbidden by law. b. Group coverage, including automobile insurance, individual coverage or any other arrangement of coverage for individuals in a group, whether on an insured or uninsured basis, including any prepayment coverage, group practice basis or individual practice coverage and any coverage for students which is sponsored by or provided through, a school or other educational institution above the high school level. LGVWA5O+/FW-I A.DTF691 1A-40 The term "Health Care Plan" shall be construed separately with respect to: (i) Each policy, contract or other arrangement for benefits or services. (ii) That portion of any such policy, contract or other arrangement which reserves the right to take the benefits of other Health Care Plans into consideration in determining its benefits and that portion which does not. "'2 B. Employer shall have the right to coordinate benefits between this Plan and any other Health Care Plan covering the Enrollee. The rules establishing the order of benefit determination between this Plan and any other Health Care Plan covering the Enrollee on whose behalf a claim is made are as follows: 1. The benefits of a Health Care Plan which does not have a "coordination of benefits with other `+�-.J LG\r.ASO+TWIA.DTF691 1A-41 health plans" provision shall , in all cases, be determined before the benefits of this Plan. 2 . If, according to the rules set forth in Paragraph C of this Section, the benefits of another Health Care Plan that contains a provision coordinating its benefits with this Plan before the benefits of this Plan have been determined, the benefits of such other Health Care Plan will be considered before the determination of benefits under this Plan. C. Rules establishing the order of benefit determination as to an Enrollee's claim for the purposes of Paragraph B of this Section are as follows: 1. The benefits of a plan which covers the person on whose expenses claim is based other than as a dependent shall be determined before the benefits of a plan which covers such person as a dependent. 2 . The benefits of a plan which covers the person on whose expenses claim is based as a dependent of a person whose date of birth, excluding year of birth, occurs earlier in a calendar year, MmASO+/FW-IA.DTF691 1A-42 shall be determined before the benefits of a plan which covers such person as a dependent of a person whose date of birth, excluding year of birth, occurs later in a calendar year. In the event that both persons have the same birth date, the Plan covering the person with the earlier birth year shall be considered primary. If either plan does not have the provision of this paragraph regarding dependents, which results either in each plan determining its benefits before the other, or each plan determining its benefits after the other, the provisions of this Paragraph shall not apply, and the rule set forth in the plan which does ' not have the provisions of this Paragraph shall determine the order of benefits; except that in the case of a person for whom claim is made as a dependent child: W When the parents are divorced and the parent with custody of the child has not remarried, the benefits of a plan which covers the child as a dependent of the parent with custody of the child will be determined before the benefits of a plan which covers the child as a dependent of the parent without custody. LG\rwASO+fM-I A.OrIF691 1A-43 When the parents are divorced and the parent with custody of the child has remarried, the benefits of a plan which covers the child as a dependent of the parent with custody shall be determined before the benefits of a plan which covers that child as a dependent of the step- parent, and the benefits of a plan which covers that child as a dependent of the step-parent will be determined before the benefits of a plan which covers the child as a dependent of the parent without custody. Notwithstanding Subparagraphs (i) and (ii) of this Paragraph, when the parents are divorced and there is a court decree which would otherwise establish financial responsibility for the medical, dental, or other health care expenses with respect to the child, the benefits of a plan which covers the child as a dependent of the parent with such financial responsibility shall be determined before the benefits of any other plan which covers the child as a dependent child. LG4wASO+/FWIA.DTF691 1A-44 3 . When paragraphs (1) and (2) do not establish an order of benefits determination, the benefits of a plan which has covered the person on whose expenses claim is based for the longer period of time shall be determined before the benefits of a plan which has covered such person the shorter period of time, except that: (i) The benefits of a plan covering the person on whose expenses claim is based as a laid- off or Retiree or as the dependent of such person shall be determined after the benefits of any other plan covering such person as an Enrollee other than as a laid- off or Retiree or a dependent of such person; and, (ii) if either plan does not have a provision regarding laid-off or Retiree and, as a result, each plan determines its benefits after the other, then the provisions of subparagraph (i) of this paragraph do not apply. D. When any benefits are available as primary benefits to an Enrollee under Medicare, Medicare will be LG\mASO+/FW-I A.DTF691 1A-45 determined first and benefits available under this y Plan, if any, will be reduced accordingly. E. If an Enrollee who has enrolled under this Plan is entitled to inpatient benefits under another contract or policy of insurance due to inpatient care which began while the Enrollee was enrolled under a previously held policy, the Employer will pay, subject to Copayments under this plan, the difference between entitlements under this Plan and entitlement under the other contract or policy of insurance. F. Benefits which are provided directly through a specified provider of an employer shall in all cases be provided before the benefits of this Plan. G. Services and benefits for military service connected disabilities for which an Enrollee is legally entitled and for which facilities are reasonably available, shall in all cases be provided before the benefits of this Plan. H. For purposes of Section XII, the Employer may, subject to applicable confidentiality requirements set forth in this Plan, release to or obtain from any insurance company or other organization necessary information LG\mASO+/FW-I A.DTF69I 1A-46 under this provision. Any Enrollee claiming benefits as� J under this Plan must furnish to the Employer all information deemed necessary by it to implement this provision. I. None of the above rules as to coordination of benefits will serve as a barrier to the Enrollee first receiving direct health services arranged by the Employer which are covered under this Plan except as specifically stated in Paragraph G of this Section. J. Whenever payments have been made by the Employer with respect to Allowable Expenses in a total amount, at $ 0. any time, in excess of 100% of the amount of payment necessary at that time to satisfy the intent of this Section XII, the Employer shall have the right to recover such payment, to the extent of such excess, from among one or more of the following as the Employer shall determine: any person or persons to, or for, or with respect to whom, such payments were made; any insurance company or companies; or any other organization or organizations to which such payments were made. LGVwASO+/FW I A.DTF691 1A-47 K. Workers ' Compensation All sums payable for benefits available pursuant to workers' compensation shall not be reimbursable under this Agreement. L. Enrollee' s Cooperation (Medicare) Each Enrollee shall complete and submit to the Employer or its designee, such consents, releases, assignments and other documents as may be requested by the Employer in order to obtain or assure reimbursement under Medicare. Any Enrollee who fails to enroll under Part B and, if eligible, Part A of the Medicare program, will be liable for the amount of funds the Employer would have received had Member so enrolled. M. Acts of Third Parties (Subrogation) Plan services shall be provided to an Enrollee due to the act or omission of another person. However, if the Enrollee is entitled to a recovery from any third- party with respect to those services such Enrollee shall agree in writing: LG4wAS0+/FlV-1 A.vrFbal 1A-48 1. To reimburse Employer to the extent of the usual and customary charge that would have been charged to the injured Enrollee for health care services hereunder if the Enrollee were not covered under this Plan. Such reimbursement must be made immediately upon collection of damages for hospital or medical expenses by the Enrollee whether by action at law, settlement or otherwise. 2 . To provide Employer with a lien against any third party recovery for hospital or medical expenses to the extent of the usual and customary charge that would have been charged to the Enrollee for health care services in the absence of coverage under this Plan. Such lien may be filed with the person whose act caused the injury, such person's agent or the court. N. Facility of Payment Whenever payments which should have been made under the Employer's coverage in accordance with this provision have been made under any other Health Care Plan, the Employer shall have the right, exercisable in its sole discretion, to pay over to an organization LG\ewASO+/FW-IA.DTF69I 1A-49 making such other payments any amounts it shall determine to be warranted in order to satisfy the intent of this Section XII. Accounts so paid by the Employer shall be deemed to be benefits paid under the Employer' s coverage, and to the extent of such payment, the Employer shall be fully discharged from liability under this Plan. O. Disclosure Each Enrollee agrees to disclose to the Employer at the time of enrollment, at the time of receipt of services and benefits, and from time to time as requested by the Employer, Social Security number, birth date, employment, and the existence of other Health Care Plan coverage, in regard to which the identity of the carrier and the group through whom provided will be furnished by the Enrollee. XIII. OPTION TO CONTINUE GROUP COVERAGE, CONVERSION PRIVILEGE AND TRANSFER A. If, under the provisions of Title X of the Consolidated Omnibus Budget Reconciliation Act of 1985, Public Law 99-272 ("COBRA") , any Enrollee is granted the right to continuation of coverage beyond LG\mASO+/FW I A.DrCF691 1A-50 the date his coverage would otherwise terminate, or, if COBRA is inapplicable and the provisions of an applicable state statute grants such Enrollee similar rights to continuation of coverage, this Plan shall be deemed to allow continuation of coverage to the extent necessary to comply with the provisions of the applicable statute. Contact Employer for verification of eligibility and procedures to follow. B. Conversion If the coverage of any Enrollee terminates for any reason other than those set forth in Section III.A, then such Enrollee may convert his membership to individual membership without furnishing evidence of insurability. No Enrollee shall be allowed to convert if Enrollee's termination results from the Employer's withdrawal from this Plan. In order to obtain individual membership, any Enrollee eligible to convert his membership must continue to reside in the Defined Areal submit a completed application for conversion to Employer within thirty-one (31) days after the date of termination and submit premium payments required by Employer under such membership. The effective date of such individual membership shall �JLGVwASO+/FW-I A.DTF691 1A-51 be the next day following the Termination Date of the Enrollee 's coverage under this Agreement. C. Transfer of Residence 1. Transfer within the Defined Area - If an Enrollee changes his primary residence within the Defined Area, he must notify Sanus within thirty (30) days of such change. 2 . Transfer outside the Defined Area - If an Enrollee changes his primary residence outside the Defined Area, such change shall result in loss of eligibility. XIV. MISCELLANEOUS A. Pronouns Masculine pronouns used in this Plan shall include both masculine and feminine genders. B. Records and Information 1. Information from medical records of Enrollees and information received from Physicians or Providers or Facilities incident to the Physician-patient, Provider-patient or Facility- LG\mASO+IFW-IA.DTF691 1A-52 patient relationship shall be kept confidential . The information, except as reasonably necessary in connection with the administration of this Plan, or as required by law, may not be disclosed without the consent of Enrollees. 2 . For the purposes of administering this Plan (including, without limitation, Section XII hereof) , the Employer or its designee may, to the extent legally allowable and without further consent of or notice to any Enrollee, release to or obtain from any insurance company or other organization or person any information, with respect to any person, which Employer deems to be necessary for such purposes. Any person claiming benefits under this Plan shall furnish to Employer such information as may be necessary to implement Section XII hereof. 3 . Prior to admission as an inpatient for elective hospitalization or for same day surgery, the Participating Primary Care Physician must obtain pre-admission certification from Sanus. C. Notices LG4wASO+/FWIA.DTF69I 1A-53 Any notice under this Plan may be given by United States Mail, postage prepaid, addressed as follows: t, If to Sanus: Sanus Texas Health Plan 8600 Freeport Parkway, Suite 3040 Irving, Texas 75063 Attn: Executive Director If to Employer: City of Fort Worth 1000 Trockmorton Fort Worth, Texas Attn: Risk Manager If to Enrollee: The latest address provided by the Enrollee on forms actually delivered to Employer. D. Assignment by Enrollee The benefits to an Enrollee under this Plan are personal to the Enrollee and are not assignable or otherwise transferable. E. Authority Any alteration or revision to this Plan or the attached schedule of Benefits must be in writing, agreed to by Sanus, and signed by an officer of the Employer to be valid. No other person has the authority to change this Plan or to waive any of its provisions. LG\mASO+tFW 1 A.DTF691 1A-54 F. Plan Documents Employer will make this Group Membership Service Agreement available for review by Enrollees upon request and a provide copy of the applicable Schedule of Benefits to each Enrollee. G. List of Providers of Services Sanus will provide to the Employer for dissemination to Enrollees, a list of Participating Physicians, Participating Hospitals, Participating Chemical Dependency Treatment Facilities, and other Providers who have contracted with Sanus to provide the services and benefits covered by this Plan. H. Furnishing Information Any person claiming or who may claim benefits under this Plan shall facilitate the access of or furnish to Employer such information as may be necessary to implement this Plan, and Employer may release or obtain such information as needed to implement the provisions of the Plan. \JS ,. +' LG\MASO+/FWIA.DrrF691 1A-55 I . Independent Contractors 1. The relationship between Sanus, Employer, and Facilities is that of independent contractors. Facilities are not agents or employees of Sanus or Employer nor is Sanus or any employee of Sanus or Employer an employee or agent of any Facility. Facilities shall maintain the Facility-patient relationship with Enrollees and shall be the only parties responsible to Enrollees for the services that they provide. 2 . The relationship between Sanus and, Employer, Enrollees and Physicians and other Health Professionals is that of independent contractors. Physicians and Health Profes- sionals are not agents or employees of Employer or Sanus, nor is Employer or Sanus or any employee of Employer or Sanus an employee or agent of any Physician or Health Professional. Physicians and Health Professionals shall maintain the Physician-patient or Health Professional-patient relationship with Enrollees. LG4wAS0+/F1V-1 A.m'F691 1A-56 EXHIBIT 1 PART A (Cont'd) SCHEDULE OF BENEFITS Enrollees are entitled to receive the services and benefits set forth in this Schedule of Benefits which are Medically Necessary and are provided, ordered, prescribed or authorized by the Enrollee's Participating Primary Care Physician subject to the limitations, exclusions, Copayments and deductibles specified. I. ROUTINE MEDICAL AND HEALTH SERVICES, WHEN COVERED Except in the case of a Medical Emergency, services are covered only under the following conditions: A. Each Enrollee must select a Participating Primary Care Physician, from the directory, who will be responsible for the Enrollee's health needs, including coordination of out-of-area services and specialist referrals. B. To be covered under the Plan, all services must be provided, directed or authorized by the Enrollee ' s Participating Primary Care Physician at a Participating Facility. When the Enrollee requires care by another Participating Physician, Participating Hospital, Participating Chemical Dependency Treatment Facility or other Participating Health Professional, the Enrollee ' s t �� LG\rwASOCF-SB1.DTF691 1A-57 Participating Primary Care Physician will make a written referral to such Participating Physician, Participating Hospital, Participating Chemical Dependency Treatment Facility or Participating Health Professional . The only exception is the well-woman examination provided for in Section II. B (1) (a) , or as otherwise expressly provided. The Plan will not pay for visits to any Physicians, Hospitals, chemical dependency treatment facilities or Health Professionals that have not been authorized in writing by the Enrollee's Participating Primary Care Physician and, when appropriate, approved in advance by the Plan. The Enrollee' s Participating Primary Care Physician will be responsible for reviewing, coordinating and following up on any specialty or hospital course of treatment. C. The Enrollee's Participating Primary Care Physician may make referrals only to Participating Physicians, Participating Hospitals, Participating Chemical Dependency Treatment Facilities and other Participating Health Professionals who have signed participating provider agreements with Sanus. The Enrollee' s Participating Primary Care Physician may make referrals to Non-Participating Physicians and Non-Participating Hospitals and Health Professionals when such services cannot be provided by another Participating Provider. LGVwASOCF-SB I.DTF691 1A-58 Such referrals must be in writing and approved in advance by Sanus as the administrator of the Plan. D. Participating Specialist Physicians may make further referrals to other Physicians, Hospitals, Participating Chemical Dependency Treatment Facilities and Health Professionals. In each case, they must receive the concurrence of the Enrollee's Participating Primary Care Physician and follow the same referral procedures set out in paragraphs B and C above. E. When a Participating Physician determines that an Enrollee requires admission to a Participating Hospital, the physician must obtain pre-certification from the P' Plan. Length of stay will be determined by medical necessity and monitored to assure that appropriate care is rendered in the appropriate setting. ', LG\mASOCF-SBI.DTF691 1A-59 II. ROUTINE MEDICAL BENEFITS, HEALTH BENEFITS AND COPAYMENTS: Services Required Copayments A. OUTPATIENT SERVICES 1. Office visits for diagnosis and $5 per visit. treatment of illness or injury. a. Laboratory services. None in lab facility. b. Diagnostic and therapeutic None in radiology radiological services in facility. support of other covered benefits and services. C. Surgical procedures in a $5 per visit. Participating Physician's office. (See Section II.C( 1) ) . d. Administered drugs, $5 per visit. medications, injectibles, biologicals, fluids, radioactive materials, dressings, casts, and crutches; splints and braces which are used for urgent or emergency treatment. (See Sections IV.W and IV.Y) e. Obstetrical care, including $5 per visit. pre-natal and post-natal services. 2. Medically Necessary short-term $5 per visit. outpatient rehabilitation (i.e. , physical therapy) services for acute conditions which are recommended by the Enrollee' s Participating Primary Care Physician and approved in advance by the Plan. The acute condition must be subject to significant improvement through short-term therapy. Short-term is defined as up to sixty (60) consecutive LGVwAS0CF48I.DfF691 1A-60 services Required Copayments days per medical condition, including treatment received as an inpatient under Section II.D(2) . The total of outpatient and inpatient rehabilitative services shall not exceed sixty (60) consecutive days per medical condition, beginning with the first date of treatment. 3 . Medically necessary outpatient $25 for each surgery in or same day surgery services, a Hospital outpatient including anesthesia, which are unit, day surgery unit recommended by the Enrollee's or Ambulatory Surgical Participating Primary Care Center. (See Section Physician and approved in advance by the Plan. The Plan reserves the right to obtain a second opinion by a Physician 1 of its own choosing. 4 . Participating Physician $5 for each physician services rendered in an home visit. Enrollee's home. 5. Allergy testing by a $25 per testing visit. Participating SANUS allergy $5 per visit (all specialist. (Allergy others) injections and serum are not covered. ) 6. Mental health services (non- $25 for each 50 minute chronic acute conditions only; visit. see Section IV.Q) . When recommended by the Enrollee's Participating Primary Care Physician and approved in advance by the Plan, up to twenty (20) fifty (50) minute office visits per calendar year to a participating psychiatrist, participating psychologist or participating mental health professional are �: ) LG1rwAS0CF-SBI.DTF691 1A-61 j� Services Required Copayments provided for evaluation or crisis intervention mental health services. 7. Chemical Dependency - Necessary $5 per visit. (No outpatient treatment for Copayment for aftercare Chemical Dependency is provided maintenance visits) on the same basis and is subject to the same limita- tions, exclusions and Copayments as treatment for physical illness generally. All treatment must be recommended by the Enrollee's Participating Primary Care Physician and pre-authorized by the Plan, and all care must be provided by a Participating Chemical Dependency Treatment Facility. B. PREVENTIVE HEALTH SERVICES 1. Periodic health assessments, None. pediatric well-baby care and routine immunizations when deemed Medically Necessary by the Enrollee's Participating Primary Care Physician. The schedule and extent of such health assessments shall be determined by the Enrollee's Participating Primary Care Physician. Immunizations are given and covered in accordance with accepted medical practice for certain common communicable diseases including diphtheria, pertussis, measles, mumps, rubella, poliomyelitis and tetanus. 2 . Annual Well Woman-Exam. Female None. Enrollees may elect to have a gynecological and related LG\mASOCF-SB1.DTF691 1A-62 FServices Required Copayments examination, including Pap smear, performed once every twelve (12) months by the Enrollee's Participating Primary Care Physician or any Sanus Participating Obstetrician/Gynecologist or Gynecologist offering such examination. NOTE: No Participating Primary Care Physician referral is needed for this exam. However, referrals are still required for other gynecological procedures. 3 . Routine vision, speech and None. hearing screening through 17 -'' years of age to determine the need for correction; not to include refraction eye exams, testing or fitting for hearing aids. C. FAMILY PLANNING 1. Family planning services on a $5 per visit plus: IUD voluntary basis to include $25 for insertion or history, physical examination, removal ; Diaphragm $25 ; related laboratory tests and Vasectomy $25; Elective medical supervision in tubal ligation $25 ; accordance with generally (See Section II.A( 3 ) ) accepted medical practice; information and counseling on contraception, including advice on or prescription for a contraceptive method. 2 . Infertility services on a $5 per visit. voluntary basis. Diagnostic 50% for each artificial testing services to determine insemination service. the cause of infertility are covered. Artificial LGU-ASOCF-SBLDTF691 1A-63 Services Required Copayments insemination (patient's spouse's sperm only) is covered. All infertility services require pre- certification from the Plan. (See Section IV.N) D. INPATIENT SERVICES Medically Necessary Inpatient Hospital Services. An Enrollee is entitled to receive the inpatient hospital services set forth in this Section, subject to all definitions, terms and conditions in this Plan and its attachments. Except as otherwise provided in Section III, these services will be available only in the Defined Area and only if performed, prescribed, arranged for, directed or authorized by the Enrollee's Participating Primary Care Physician at a Participating Facility. All non-emergency hospitalization must be approved in advance by the Plan. The Plan reserves the right to obtain a second opinion by a Physician of its own choosing. 1. Inpatient hospital services Medical or surgical : are those provided by $100 per admission. Participating Hospitals within Obstetrical (including the Defined Area. Inpatient Therapeutic abortions) hospital services for the Mother: $100 treatment of illness or injury Child: $100 including but not limited to: semi-private room and board; special diets when Medically 0 LG\mAS0CF-SBI.DTF691 1A-64 Y Services Required Copayments Necessary; use of operating room and related facilities; special care unit and services; x-ray, laboratory and other diagnostic tests; drugs, medications, biologicals, anesthesia and oxygen services; physical therapy, radiation therapy and inhalation therapy; and administration of whole blood or blood products. (See Section IV.K) . Special duty nursing shall be provided only when Medically Necessary (i.e. , in the absence of an intensive care unit) , when recommended by the Enrollee' s Participating Primary Care Physician and approved in advance by the Plan. Private room coverage shall be provided only in cases of medical necessity (i.e. , isolation due to infectious diseases) . The Enrollee may elect private room accommodations for other than the above stated reason. In such cases, the Enrollee is responsible for the direct payment of the difference to the Hospital. NOTE: Following discharge by the Physician responsible for the Enrollee' s care while the Enrollee is hospitalized, an Enrollee remaining in the Hospital beyond the Hospital 's discharge time is responsible for direct payment of additional charges to the Hospital. The Plan +� LG�-ASOCF-SB L UU691 1A-65 services Required Copayments is not responsible or financially liable for such additional payments. 2. Rehabilitation Services. $100 per admission. Medically Necessary short-term inpatient rehabilitation (i.e. , physical therapy) services at a Participating Facility for acute conditions which are recommended by the Enrollee's Participating Primary Care Physician and approved in advance by the Plan. This acute condition must be subject to significant improvement through short-term therapy. Short-term is defined as up to sixty (60) consecutive days per medical condition which includes services received as an outpatient under section II.A(2) . Such services shall not be approved on an inpatient basis unless other acute medical care is to be provided. The total of inpatient and outpatient rehabilitative services shall not exceed sixty (60) consecutive days per medical condition, beginning with the first date of treatment. 3 . Inpatient services in a $25 per day. Participating Skilled Nursing Facility. When recommended by a Participating Primary Care Physician and approved in advance by the Plan, an Enrollee shall be able to receive short-term inpatient treatment at a participating Skilled Nursing Facility when LG\rwASOCF-SBLUrF691 1A-66 Services Required Copayments acute care hospitalization is not appropriate. NOTE: Skilled nursing care is not covered when provided for conditions of senile deterioration, Alzheimer's Disease, mental retardation or mental illness. Private duty nursing services, private room accommoda- tions, personal or comfort items and other articles not specifi- cally necessary for treatment of illness or injury are excluded. Short-term is defined as up to sixty (60) days per medical condition. 4 . Chemical Dependency. Necessary $100 per admission. inpatient care and treatment for Chemical Dependency is provided on the same basis and subject to the same limitations, exclusions and Copayments as treatment for physical illness generally. All treatment must be recommended by the Enrollee ' s Participating Primary Care Physician and pre-authorized by the Plan and all care must be provided by a Participating Chemical Dependency Treatment Facility. E. OTHER SERVICES 1. Home Health Care Services. $5 per visit. Medically necessary home health care services are available �j only in the Defined Area when LG1rwAS0CF•SBLUU691 1A-67 I) services Required Copayments provided by a Sanus participating home health care agency, and are specifically limited to short-term intermittent skilled visits. Such services must be recommended by the Enrollee 's Participating Primary Care Physician and approved in advance by the Plan. Short- term is defined as up to sixty (60) consecutive days per medical condition, beginning on the date when the first such visit occurs. 2 . Emergency Services: a. Hospital Emergency Room. $40 Copayment for each visit. (Charge waived if admission occurs at" b' the time of emergency room visit) . b. Outpatient Emergency Care $15 Copayment for each Center visit. C. Physician offices operating $15 Copayment for each after hours as emergency visit. centers, office visits to a Physician outside normal office hours or urgent visits to a Physician covering for the Enrollee's Participating Primary Care Physician. d. Emergency ambulance None. service. 3 . Ambulance Services. Medically None. Necessary ambulance service to the nearest medical facility capable of providing Emergency Care, or Medically Necessary LG\MASOCF•SB I.DTF691 1A-68 Services Required Copayments non-emergency ambulance service when authorized in advance by the Plan. 4 . Prosthetic Devices. Initial None. external standard prosthetic medical appliances and limbs are covered are: when due to an acute illness or injury. External prosthetic appliances which are covered are: artificial arms, legs, eyes or permanent lenses; above or below knee or elbow prostheses; external cardiac pacemaker; and terminal devices such as hand or hook. Internal prosthetic devices covered are: permanent aids and supports for defective parts of the body such as prosthetic cardiac valves, internal pacemakers and minor devices such as screw nails, sutures and wire mesh. All other prosthetic medical appliances, including items described in Section IV, are excluded. In questions of medical necessity, a second opinion may be requested by the Plan and is binding. (See Sections IV.CC, IV.DD, and IV.EE) 5. Blood and Blood Products. None. Administration only. (See Section IV.K) 6. Dental Services a. Short-term, limited dental None. services for the following which result from an accidental non-occupational } trauma or injury to v LG\mASOCF-SB 1.DTF691 1A-69 Services Required Copayments `i healthy, natural teeth: Initial care and short-term treatment (up to 60 consecutive days) is covered provided (1) such accident occurred and services are performed during the term of coverage hereunder, (2) the Enrollee seeks initial treatment within forty-eight (48) hours of such accidental trauma or injury, and (3) all subsequent treatment after such initial emergency treatment is authorized by the Enrollee 's Participating Primary Care Physician, approved in advance by the Plan and performed by a participating dentist. Injuries sustained by reason of mastication (i.e. , chewing or biting down) are excluded. b. Treatment of fracture, dis- location or malignant tumors of the jaw is provided on the same basis and is subject to the same limitations, exclusions and Copayments as for physical illness generally. 7. Temporomandibular Joint Subject to the Syndrome Benefits. Medically applicable Copayments Necessary (non-dental, non- specified in Section cosmetic) diagnostic and/or II. surgical treatment of the temporomandibular (jaw or craniomandibular) joint. Such surgical treatment (including arthroscopy) will be covered LGkwASOCF-SBI.DrrF691 1A-70 Services Required Copayments provided it is Medically Necessary, recommended by the Enrollee's Participating Primary Care Physician and approved in advance by the Plan. The Plan reserves the right to obtain a second opinion by a physician of its own choosing. Benefits are not provided under this Section for dental treatments, services or supplies including, but not limited to orthodontics, splints, positioners, dental x- rays, extraction of teeth, and selective grinding of the teeth. (See Section IV) . a `4," LG\r.ASOCF-SB1.DTF691 1A-71 III . EMERGENCY AND URGENT SERVICES A. IN GENERAL 1. Emergency care services must be secured by the Enrollee immediately after the onset of the medical condition, or as soon thereafter as is possible, but not later than twenty-four (24) hours after the first appearance of symptoms of illness or forty- eight (48) hours after an accident. Heart attacks, cardiovascular accidents, poisoning, loss of consciousness or respiration, convulsions, severe bleeding and broken bones are examples of true Medical Emergencies. 2 . Emergency and urgent services are subject to the Plan' s retrospective review for determination of whether an acute condition or incident requiring immediate, emergency or urgent care existed. If the Plan determines that no need for emergency or urgent care existed, the Enrollee will be responsible for payment of all charges incurred for such care, subject to Employer's complaint resolution procedure. B. WITHIN THE DEFINED AREA Inside the Defined Area, the Enrollee, or someone acting MmASOCF-SB1.DTF691 1A-72 on behalf of the Enrollee, is required to contact the Enrollee ' s Participating Primary Care Physician for advice. If it is not reasonably possible to contact the Enrollee 's Participating Primary Care Physician at the time (such as that of a life threatening emergency) , the Enrollee, or someone acting on behalf of the Enrollee, shall notify the Plan within forty-eight (48) hours of the emergency, or if not possible within forty-eight (48) hours, as soon as it is reasonably possible. Upon receipt of notification, the Plan will coordinate the transfer of the patient to the care of the Enrollee ' s Participating Primary Care Physician when medically prudent to do so. Coverage for treatment for Medical Emergencies within the Defined Area by non-participating providers is limited to the care required before the Enrollee can, without medically harmful or injurious consequences, be treated by a Participating Physician or Participating Hospital. C. OUTSIDE THE DEFINED AREA Services are available while outside the Defined Area provided that such Services are of an emergency or urgent nature and cannot be postponed until the Enrollee �= 1A-73 LG�rwASOCF-SB I.D'I-F691 is able to return to the Defined Area to obtain treatment from a Participating Physician. All continuing or follow-up treatment shall be provided only within the Defined Area and shall be subject to all the provisions of this Plan. To constitute a covered out-of-area service, the Plan must make the following determinations: 1. onset of the acute illness or injury must have been sudden and unexpected; 2 . the Enrollee must not have been able to return to the Defined Area to receive treatment from the Enrollee's Participating Primary Care Physician; 3 . the treatment must have been Medically Necessary. The Plan shall pay the Enrollee or arrange to pay the Non-Participating Hospital (s) or Non-Participating Physician(s) directly. The payment shall be at the prevailing rate, subject to any required Copayments. Covered services include ambulance transportation, provided it is Medically Necessary and appropriate. At the time of the emergency, the Enrollee, or someone LG\mASOCF•SB1.DTF691 1A-74 acting on behalf of the Enrollee, shall make every reasonable effort to notify the Plan. If it is not reasonably possible to notify the Plan at that time, the Enrollee, or someone acting on behalf of the Enrollee, shall notify the Plan within forty-eight (48) hours of the onset of the emergency treatment or, if not possible, as soon as it is reasonably possible. Upon notification, the Plan will coordinate the transfer of the patient to the care of the Participating Primary Care Physician within the Defined Area when medically prudent to do so. IV. LIMITATIONS AND EXCLUSIONS FROM COVERAGE The following services and supplies, and the cost thereof, are excluded from coverage under this Plan unless specifically included by a Plan Amendment. A. Private room accommodations and special duty nursing except as provided in Section II.D(1) or unlimited hospital care except when deemed by the Plan to be appropriate for an acute level of inpatient care. B. Any service given without a prior written referral from the Enrollee 's Participating Primary Care Physician, except as otherwise permitted in Sections I, II or III of this Schedule of Benefits, including annual well- �, -, LG\mASOCF-SBI.DTF691 1A-75 woman examinations (see Section II . B(1) (a) ) . C. Treatment or evaluations required by third persons, including but not limited to those for: school, employment, flight clearance, summer camp, insurance or court ordered. D. No payments will be made for outpatient services received in Federal facilities or for any items or services provided in any institutions operated by any state government or agency when the Enrollee has no legal obligation to pay for such items or services. Inpatient hospital care costs incurred on behalf of U.S. Armed Forces retirees and dependents in governmental or }inn military service-connected facilities will only be covered by the Plan if such services are preauthorized by the Plan in accordance with this Schedule of Benefits and all deductible or Copayment amounts thereunder are paid by the Enrollee. E. Care which an Enrollee receives from or through the United States Government or any of its corporations, agencies or bureaus, or from or through any State, County, City or any political subdivision thereof, unless a charge is customarily made and services were provided in accordance with the provisions of Sections LGV-ASOCF-SBI.DTF691 1A-76 II.A-II .E. F. Cosmetic or surgical procedures are excluded except reconstructive surgery necessary to repair a functional disorder as a result of disease, injury or congenital defect. Such exclusions include, but are not limited to surgical excision or reformation of any sagging skin on any part of the body including, but not limited to the eyelids, face, neck, abdomen, arms, legs or buttocks; any services performed in connection with the enlargement, reduction, implantation or change in appearance of a portion of the body including, but not limited to, the breasts, face, lips, jaw, chin, nose, ears or genitals; hair transplantation; chemical face peels or abrasion of the skin; electrolysis depilitation; or any other surgical or non-surgical procedures which are primarily for cosmetic purposes. The Plan reserves the right to secure a second opinion by a physician of its own choosing with respect to any case involving cosmetic or reconstructive surgery. G. Dental services and dental prostheses including dentures are excluded, except as covered in Section II.E(6) . Maxillary and mandibular osteotomies for shortening or lengthening of the jaw are excluded. Benefits for Medically Necessary diagnosis and/or surgical treatment a �_,,., LG4wASOCF-SBI.I7I-F691 1A-77 of temporomandibular joint syndrome are strictly limited to those provided in Section II .E(7) . All other hospitalization, anesthesiology or other services relating to dental work are excluded. H. Custodial, respite or domiciliary care. I. Services and appliances for the correction of vision deficiencies including, but not limited to, special procedures such as orthoptics, vision training, vision therapy or radial keratotomy. J. Personal comfort and convenience items or services including, but not limited to, care kits provided on admission to a hospital, TV's and telephones. �� K. Whole blood or blood components and any related replacement fees. L. Surgery or other procedures, treatments or services for obesity including, but not limited to, gastric intestinal bypass surgery. M. Sex change surgery including medical or psychological counseling and hormonal therapy in preparation or subsequent to any such surgery. LG\m ASOCF-SB 1.UrF691 1A-78 N. Reversal of voluntary sterilization, gamete intra- `. fallopian transfer, any fees relating to donor sperm, menotropins (e.g. , pergonal) or related drug therapy, surrogate parenting fees and in-vitro fertilization. O. Acupuncture, naturopathy and hypnotherapy. P. Inpatient mental health. Treatment for mental retardation, mental deficiency, or other forms of senile deterioration, such as Alzheimer's Disease. Q. Outpatient mental health services for chronic conditions including, but not limited to, treatment for mental retardation, mental deficiency or other forms of senile deterioration, such as Alzheimer's Disease. R. Heart transplants and all organ transplants, except Medically Necessary kidney transplants, corneal transplants, and liver transplants for children with biliary atresia. All donor expenses are excluded. S. Bone marrow transplants, except for aplastic anemia, leukemia, severe combined immunodeficiency disease, and Wiskott-Aldrich syndrome. All donor expenses are excluded. LG\mASGCF-SB 1.DTF691 1A-79 T. Any procedure or treatment that is deemed by the Plan to 0> be experimental or any procedure, medication or " treatment that is used for a non-FDA approved indication. U. Care for conditions that federal, state or local law requires to be treated in a public facility, or while in the custody of legal authorities. V. Services payable under workers ' compensation, black lung benefits or a government program to the extent that such services are covered under workers ' compensation or similar laws. W. Routine foot care such as hygienic yg nic care. Treatment for flat feet, removal of corns or calluses; corrective orthopedic shoes, arch supports, orthotics. X. All splints and braces not used for urgent or emergency treatment including, but not limited to, those used for preventive purposes. Y. All durable medical equipment. Z. Consumables or disposable supplies purchased by the Enrollee on an outpatient basis, or purchased by or 0_1 LG4wASOCF-SBI.DTF691 1A-80 given to the Enrollee upon discharge from a Hospital including, but not limited to, sheaths, bags, elastic garments, syringes, needles, blood or urine testing supplies, ostomy bags, home testing kits, vitamins, dietary supplements and/or replacements, non-rigid appliances and supplies. AA. Occupational and educational testing and therapy. BB. Long-term rehabilitation therapy. Long--;term means treatment in excess of sixty (60) consecutive calendar days per illness or event. CC. Replacement, repair or routine periodic maintenance of prosthetic devices. DD. Mechanical organ replacement devices (including, but not limited to, artificial heart) . EE. All prostheses not covered under Section II.E.4 (including, but not limited to, penile prostheses) and services associated with the insertion of any excluded prosthetic device. FF. Speech and hearing therapy, including hearing aids. "v... LG\wAS0CF-SBIMU691 1A-81 GG. Outpatient prescription drugs and hospital discharge or take home drugs, except where specifically covered by Amendment to the Plan. HH. Charges for pregnancy and subsequent delivery, including cesarean sections which are planned or scheduled or performed only because of previous cesarean section, which occur outside of the Defined Area and within thirty (30) days of the due date specified by the Enrollee' s Sanus participating attending physician. However, Complications of Pregnancy, as defined below, will be covered as any other illness. For the purpose of this limitation, "Complications of Pregnancy" means: (1) conditions requiring hospital confinement (when the pregnancy is not terminated) , whose diagnoses are distinct from pregnancy but are adversely affected by pregnancy or are caused by pregnancy, such as acute nephritis, nephrosis, cardiac decompensation, missed abortion, and similar medical and surgical conditions of comparable severity, but shall not include false labor, occasional spotting, physician prescribed rest during the period of pregnancy, morning sickness, hyperemesis gravidarum, pre-eclampsia, and similar conditions associated with the management of a difficult pregnancy not constituting a nosologically LG\mAS0CF-SBI.DTF691 1A-82 distinct complication of pregnancy; and (2) non-elective cesarean section (emergency/urgent, except as specified above) , termination of ectopic pregnancy, and spontaneous termination of pregnancy, occurring during a period of gestation in which a viable birth is not possible. II. All anti-smoking treatment and programs including, but not limited to, tobacco abuse and smoking cessation programs. V. MAXIMUM COPAYMENTS The maximum amount of Copayment for the Basic Plan Benefits covered by this Schedule of Benefits in any calendar year will not exceed $650 for any Enrollee, or $1, 500 for a covered Enrollee and his Dependents. The maximum amount of Copayments for each calendar year shall be determined by applying Copayments relating to Basic Plan Benefits only, and shall not take into account any Copayments pertaining to any Plan Amendment. LG\rwASOCF-SBI.DTF691 1A-83 EXHIBIT 1 PART A (Cont' d) PLAN AMENDMENT PRESCRIPTION DRUGS The benefits described in this Amendment are added to Part A of the Plan. All provisions of Part A of the Plan apply to this Amendment, except as modified herein. The Copayments described in this Amendment do not apply toward fulfillment of the maximum Enrollee Copayment limit per year specified in the Plan. A. Definitions 1. "Prescription Drugs" means any drugs and/or medications that require a prescription written by a duly licensed physician or dentist. 2 . "Designated Mail Service Pharmacy" means Express Scripts, P.O. Box 27667 , St. Louis, MO. 63146. 3 . "Participating Pharmacy" means a pharmacy, other than the Designated Mail Service Pharmacy, that has contracted with SANUS to provide Prescription Drugs to Enrollees covered under the Plan as hereby amended. 4 . "Brand Name Prescription Drug" means the unique trade name which a manufacturer assigns to a Prescription Drug and which, when dispensed, can only be the Prescription LG\mASGCF-SBI.DTF691 1A-84 Drug bearing such manufacturer ' s trade name. 5. "Generically Equivalent Prescription Drug" means a Prescription Drug which is pharmaceutically equivalent and therapeutically equivalent to a Brand Name Prescription Drug. B. In General 1. Enrollees will be provided with Generically Equivalent Prescription Drugs by the Designated Mail Service Pharmacy or a Participating Pharmacy when permitted by the licensed Physician or Dentist and by state law. 2 . Enrollees will utilize the services of the Designated Mail Service Pharmacy by mailing the prescription or refill ordered by a Participating Physician or Participating Dentist in a pre-addressed envelope to: Express Scripts P.O. Box 27667 St. Louis, MO 63146 3 . Use of the Designated Mail Service Pharmacy is at the Enrollee's option. 4 . Except in cases of Medical Emergency occurring outside of the Defined Area and except to the extent that an Enrollee has not yet fulfilled his deductible, an Enrollee must obtain a prescription from a Participating Physician or Participating Dentist and have it filled by a Participating Pharmacy or the Designated Mail Service Pharmacy. Participating Pharmacies are listed in the / LG\,-ASOCF-SBI.DTF691 1A-85 directory provided to Enrollees by SANDS . ,,7 C. Covered Items t 1. Federal legend Prescription Drugs and Prescription Drugs which may only be dispensed by written prescription under state law. 2 . Compounded medications of which at least one ingredient is a prescription legend drug and which is provided for a Food and Drug Administration ("FDA") approved indication. 3 . Injectable insulin and insulin syringes. 4 . Oral contraceptives, diaphragms, and cervical caps. D. Non-Covered Items 1. Drugs and medications, except insulin, which do not require a prescription whether or not a prescription has been obtained. 2 . Prescriptions written prior to the effective date of coverage. 3 . Experimental or investigational drugs including compounded medications which are not provided for an FDA approved indication. 4 . Therapeutic devices or appliances, including hypodermic needles, syringes (other than insulin syringes) , support garments and other non-medical substances, regardless of their intended use. 5. Blood and blood products. 6. Contraceptive devices (other than oral contraceptives, LG\mAS0CF-SB1.L7FF691 1A-86 (D diaphragms, and cervical caps) . 7 . Prescriptions which an eligible Enrollee is entitled to receive without charge from any workers ' compensation laws from any municipal, state or federal program. 8. Blood or urine testing devices including, but not limited to, clinitest, acetest, and dextrostix. 9. Medications used to suppress appetite (e.g. diet medication) . 10. Antismoking aids (e.g. nicorette gum) . 11. Injectables other than injectable insulin. 12 . Drugs and medications prescribed for a cosmetic purpose, including, but not limited to, topic minoxidil or Retin A. 13. Allergy sera and allergy testing materials. 14 . Prescriptions filled at or by non-Participating Pharmacies, except in cases of Medical Emergency occurring outside of the Defined Area. 15. Prescriptions written by a non-Participating Physician (except in cases of Medical Emergency occurring outside of the Defined Area) . 16. Hemophile M, Factor VIII or any other blood product or derivative. E. Copayments 1. There are no Copayments required of the Enrollee when using the Designated Mail Service Pharmacy to obtain the quantity of Prescription Drugs specified in Paragraph '' LG�-ASOCF-SBLDTF691 1A-87 G. 1 of this Amendment. 2 . There is a two dollar ($2 . 00) Copayment, payable to Express Scripts, required for each prescription or refill ordered from the Designated Mail Service Pharmacy to obtain the quantity of Prescription Drugs specified in Paragraph G.2 of this Amendment. 3 . There is a two dollar ($2 . 00) Copayment required for each prescription or refill when the Enrollee obtains covered Generically Equivalent Prescription Drugs from a Participating Pharmacy, after meeting the deductible. 4 . There is a seven dollar ($7. 00) Copayment required for each prescription or refill when the Enrollee obtains covered Brand Name Prescription Drugs from a Participating Pharmacy, after meeting the deductible. F. Deductibles There is a seventy-five dollar ($75. 00) deductible per Enrollee per calendar year, which must be met on non-mail service prescriptions prior to an Enrollee ' s receipt of benefits from a Participating Pharmacy under this Amendment. To obtain such benefits, an Enrollee must submit itemized bills equaling the amount of the deductible and containing the information set forth in items #1, 2, 3 and 4 of Paragraph H of this Amendment. Upon such submission, an Enrollee will receive an identification card reflecting that the deductible has been met. LG4wASOCF-SBI.DTF691 1A-88 G. Limitations 1. An Enrollee may obtain up to a 34-day supply or 100 units, whichever is less, of a Prescription Drug from a Participating Pharmacy or the Designated Mail Service Pharmacy. 2 . The Enrollee may, at his sole option, obtain a 90-day supply or 300 units, whichever is less, of a Prescription Drug from the Designated Mail Service Pharmacy, provided Enrollee pays the Copayment specified in Paragraph E.2 of this Amendment to the Designated Mail Service Pharmacy. H. Enrollee Reimbursement Rules If a Medical Emergency occurs outside the Defined Area and the Enrollee incurs expenses for Prescription Drugs, an gk itemized bill should be submitted by the Enrollee to the Plan for reimbursement. The itemized bill must contain the following information: 1. The name of the drug. 2 . The date and quantity purchased. 3 . The name of the authorizing licensed physician or dentist. 4 . The name of the person for whom it was prescribed. a LG\mASOCF-SBLDTF691 1A-89 EXHIBIT 1 PART A (Cont'd) PLAN AMENDMENT INPATIENT MENTAL HEALTH The benefits described in this Amendment are added to Part A of the Plan. All provisions of Part A of the Plan apply to this Amendment, except as modified herein. 1. In General A. Enrollees shall be entitled to additional mental health care benefits for evaluation, crisis intervention treatment or any combination thereof for Acute Conditions when such evaluation, crisis intervention or treatment is recommended by a Participating Primary Care Physician, approved in advance by the Medical Director and precertified by the Employer or Employer's Designee. B. These services rendered must be based on an Individual Treatment Plan. C. Providers of services must be licensed by the appropriate state agency or board to provide these services. D. The total benefit is limited to any combination of the following, not to exceed thirty (30) treatment days per calendar year. 1. As an inpatient in an authorized SANUS participating LG\rwASOCF-SBI.DTF691 1A-90 psychiatric facility, one (1) inpatient day equals one (1) treatment day; or 2 . As a day care patient in an authorized SANDS participating psychiatric facility, one (1) day care day equals one-half (1/2) treatment day; or 3 . As an inpatient in an authorized SANUS Participating Crisis Stabilization Unit, one (1) inpatient day equals one-half (1/2) treatment day; or 4 . As an inpatient in an authorized SANDS Participating Residential Treatment Center for Children and Adolescents, one (1) inpatient day equals one-half (1/2) treatment day. 2. Definitions A. "Acute Conditions" means situations in which the Enrollee has a serious mental illness which substantially impairs such Enrollee' s thought, perception of reality, emotional process or judgement or grossly impairs behavior as manifested by recent disturbed behavior. B. "Day Care" means treatment of the Enrollee in an authorized SANUS participating psychiatric facility on a day-to-day basis with release of the patient at the conclusion of the treatment day, and in which no overnight stay is involved. ` � LG\IWASOCF-SBI.DTF691 1A-91 C. "Crisis Stabilization Unit" means a 24-hour residential program that is usually short-term in nature and that provides intensive supervision and highly structured activities to persons who are demonstrating an acute demonstrable psychiatric crisis of moderate to severe proportions. D. "Residential Treatment Center for Children and Adolescents" means a child-care institution that provides residential care and treatment for emotionally disturbed children and adolescents and that is accredited as a residential treatment center by the Council on Accreditation, the Joint Commission on Accreditation of Healthcare Organizations, or the American Association of Psychiatric Services for Children. E. "Individual Treatment Plan" means a treatment plan with specific attainable goals and objectives appropriate to both the patient and the treatment modality of the program. 3 . Limitations A. Mental health services for the following diagnosed conditions are excluded: Chronic psychosis, Alzheimer's Disease, intractable personality disorders, mental retardation, psychiatric therapy on court order or as a condition of parole or probation, and chronic organic brain syndrome. LG\mAS0CF•SBI.DTF691 1A-92 B. The benefits described in this Amendment are available when: 1. They are recommended by the Participating Primary Care Physician, approved in advance by the Medical Director and precertified by the Employer or the Employer's designee; and 2 . The Enrollee does not refuse to accept recommended procedures or treatment; and 3 . They are provided in an authorized SANDS participating psychiatric hospital, psychiatric facility, Crisis Stabilization Unit or Residential Treatment Center for Children and Adolescents and by a Participating Provider; and 4. The Enrollee continues to meet the SANUS criteria for continued benefits under this Amendment; and 5. The Enrollee has not reached the total benefit described in Section 1.D of this Amendment. C. Benefits for a Residential Treatment Center for Children and Adolescents or a Crisis Stabilization Unit are available only for Acute Conditions which would otherwise necessitate confinement in an authorized SANUS participating psychiatric hospital or psychiatric facility. 4 . Exclusions Benefits will not be allowed under this Amendment if treatment is provided by a non-participating provider or ' ! ' LG\rwASOCF-SBI.L7rF691 1A-93 non-participating hospital, facility, Crisis Stabilization Unit, or Residential Treatment Center for Children and Adolescents or by a Participating Facility that is not an authorized SANDS participating psychiatric facility. 5. Copayments A. A twenty percent (20%) Copayment shall be paid by the Enrollee for all services under this Amendment. B. The Copayments described in this Amendment do not apply toward fulfillment of the maximum Enrollee cost limit per calendar year specified in the Plan. LGVwASOCF-SBI.DTF691 1A-94 EXHIBIT 1 4) PART A (Cont'd) PLAN AMENDMENT DURABLE MEDICAL EQUIPMENT The benefits described in this Amendment are added to Part A of the Plan subject to the limitations and Copayments described herein. All provisions of Part A of the Plan apply to this Amendment, except as modified herein. When determined to be medically necessary by a Participating Primary Care Physician and pre-approved by the Medical Director, Enrollees shall be entitled to the rental or purchase of Durable Medical Equipment (initial placement only) ; rental or purchase will be determined by Employer or Employer' s designee. "Durable Medical Equipment" means equipment which can withstand repeated use, is primarily and customarily used to serve a medical purpose, generally is not useful to a person in the absence of a sickness or injury, is appropriate and used in the home, may be used by more than one person, and does not require an individual prescription for construction. All services and devices must be obtained through a Plan participating provider. Some examples include, but are not limited to, a standard wheelchair, crutches, walkers, orthopedic tractions, hospital Mx.AS0CF-SBI.DTF69I 1A-95 beds, oxygen, bedside commodes, suction machines, etc. (lengthy list maintained - HCFA Coverages Issue Manual) . The following items are among, but not limited to, those excluded: deluxe equipment such as motor driven wheelchairs and beds; comfort items; bedboards; bathtub lifts; over bed tables; air purifiers; disposable supplies; elastic stockings; sauna baths; repair, replacement or maintenance of durable medical equipment; exercise equipment; stethoscopes and sphygmomanometers; orthopedic shoes; arch supports; dentures; experimental or research items. In no event will prosthetic devices or artificial limbs be covered under this Amendment. HEARING AIDS Part A of this Plan will cover medically necessary diagnosis of hearing deficiencies including audiometry and initial placement of necessary hearing aid device(s) . Part A of this Plan will also cover one (1) audiogram per year, if needed; one cleaning of the hearing device per year; and, replacement of the hearing device every four (4) years* if medically indicated. Replacement for loss, damage or for functional defects are not covered. All services and devices must be approved in advance by the LGVwASOCF-SB1.DTF691 1A-96 �• :�. Medical Director and must be obtained through a Participating Provider. * Note: There are some cases of rapid deterioration of hearing loss which will necessitate hearing device replacement sooner than the four (4) year period and will be considered on an individual basis with prior approval from the Medical Director. LG4wASOCF-SBI.DTF691 1A-97 EXHIBIT 1 PART A (Cont'd) mow' PLAN AMENDMENT PRE-EXISTING CONDITIONS The Copayments payable by an Enrollee as described in Part A of the Plan are subject to the limitations described herein. A. Definitions "Pre-existing Condition" means any medical condition known by the Enrollee to have existed or for which diagnosis was made or treatment received within the three (3) months immediately preceding the Enrollee's effective date of coverage under the Plan. A medical condition has been S "diagnosed" if its existence has been identified or recognized by a Physician or other Health Professional. A medical condition has been "treated" if any services of a Physician or other Health Professional have been received with respect thereto, including, but not limited to, office visits or consultations, Hospital treatment, laboratory services, X-rays or the dispensing of prescription medication or refills. B. In addition to any other Copayment required under the Plan, each Enrollee with a Pre-existing Condition shall be required to pay an additional Copayment equal to a total of LG\r.ASOCF-SBI.DTF691 1A-98 fifty percent (50%) of the cost of Treatment (which shall include all applicable Copayments specified in the Schedule of Benefits for such Treatment) with respect to such Pre- existing Condition until such time as the Enrollee has been continuously enrolled for a period of twelve (12) months under this Plan and/or under another Plan with Sanus immediately preceding this Plan; provided that any uninterrupted and consecutive-day hospitalization begun prior to the expiration of said twelve (12) month period shall be deemed to be a continuous confinement subject to the aforesaid Pre-existing Condition Copayments. C. The maximum amount of additional Copayment for a Pre- existing Condition during this twelve (12) month period will not exceed $800 for any such Enrollee or Dependent or $3, 000 total for such Enrollee and his Dependents. Copayments payable pursuant to Section B of this Amendment shall not be included in, and are in addition to, the maximum amount of Copayment for Part A Benefits. -' -99 LG�xwASOCF-SBI.DTF691 1A EXHIBIT 1 PART B MAJOR MEDICAL EMPLOYER CERTIFICATION Your Employer certifies that, subject to the terms and conditions of the Benefit Plan, and, more particularly, to the terms and conditions of this Part B, you are also covered for the benefits described in this Part. When you and your dependents, if any, are enrolled under Part A, you and your dependents will also be covered under Part B. Benefits are not payable under Part B for services and supplies for which you received benefits under Part A. Percentage Payments* by your Employer and the applicable Deductibles under Part B are as follows: Percentage Employer pays 80% Individual Deductible $200 Family Deductible $600 Individual Out of Pocket Limit $1, 500 Family Out of Pocket Limit $4, 500 * The Percentage Employer pays for certain SPECIAL BENEFITS is 50%. Mi-ASO+(FW-I B.Dn691 1B-1 I . Definitions: Except as otherwise expressly provided or unless the context otherwise requires, the following words and phrases used in this Part B shall have the following meanings: 1. "AMBULATORY SURGICAL CENTER" means a legally operated institution which is primarily operated to provide facilities for performing surgery, and which has: a. Permanent operating rooms and all medical equipment necessary for surgery. b. A medical staff including registered nurses for patient care. The term "ambulatory surgical center" does not include a private office or clinic of one or more doctors. 2 . "BASIC BENEFITS" means the coverage for you or your dependents, if any, provided under Part A. 3 . "DOCTOR" means a licensed physician, osteopath, dentist, chiropractor, chiropodist, optometrist, podiatrist, audiologist, speech - language pathologist, certified social worker-advanced clinical practitioner, licensed dietician, or other licensed practitioner of healing art, if the following conditions are met: LG\r.AS0+/FW-1 B.DPF691 1B-2 a. the practitioner' s services fall within the scope of his or her license or certification. b. in the case of services of a certified social worker-advanced clinical practitioner, the services are direct, diagnostic, preventive, or clinical ; are provided to a person whose functioning is threatened or affected by social or psychological stress or health impairment; and are professionally recommended by a doctor of medicine or doctor of osteopathy. C. in the case of services of a licensed dietician, the services are related to an injury or illness covered by the Plan; and are rofessionall P Y recommended by a doctor of medicine or doctor of osteopathy whose treatment or examination for the injury or illness would be a Covered Expense. The term "doctor" includes a Christian Science Practitioner currently listed in the Christian Science Journal. 4 . "EMERGENCY CONFINEMENT" means a hospital confinement due to an Emergency Illness or accidental injury that, unless treated at once on an inpatient basis, would jeopardize LG\mASO+/FW-I B.DTF691 1B-3 the family member' s life, or cause serious damage or impairment to the family member' s bodily functions. 5. "HOME HEALTH AGENCY" means an agency which is primarily engaged in furnishing home nursing care and other therapeutic services for persons recovering from a sickness or injury, and which is: a. Qualified for payment under the federal Medicare program; or b. Established and operated under applicable state law. 6. "HOSPITAL" means a legally operated institution which is primarily engaged in providing medical services for resident patients, and which has: a. Permanent facilities for diagnosis and major surgery. b. Continuous nursing service by registered nurses. C. Continuous supervision by a staff of doctors. However, the major surgery requirement does not apply to a hospital which primarily treats mental illness or LG\rwASO+/FW-I B.DTF691 1 B-4 yy chronic diseases. The term "hospital" includes a ; l Christian Science sanatorium, but does not include a nursing home, a rest home or a place for care of the aged, or drug addicts. It also includes: (1) A state-approved institution engaged in treating alcoholism and drug addiction for inpatient treatment, ordered by a doctor. (2) A Psychiatric Day Treatment Facility which (a) is a legally accredited health facility, (b) provides treatment for acute mental and nervous disorders, and (c) has a structured program using individualized treatment plans that are clinically supervised by a certified psychiatrist. (3) A Residential Treatment Center for Children and Adolescents is a facility for child care which: (a) provides residential care and treatment for emotionally disturbed children and adolescents; and (b) is accredited as such by the Council on Accreditation, the Joint Commission on Accreditation of Hospitals, or the American Association for Psychiatric Services for Children. L�M1 LG1rv-ASO+/FW-IB.DTF691 1B-5 (4) A Crisis Stabilization Unit is a 24-hour residential program which: (a) is usually short- term in nature; and (b) provides intensive supervision and highly structured activities to persons who display an acute demonstrable psychiatric crisis of moderate-to-severe proportions. (5) An Individual Treatment Plan is a plan of treatment of a serious mental illness which has specific attainable goals and objectives appropriate to both the patient and the method of treatment. 7. "MEDICAL CARE" means medical services and supplies kr furnished or ordered by a doctor which are necessary for diagnosing or treating an injury, a sickness, a mental disorder or a pregnancy. 8. "NURSING HOME" means a legally operated institution (or a distinct part of a hospital) which is engaged in providing convalescent services for sick or injured resident patients and which has: a. Continuous nursing service under the full-time supervision of a doctor or a registered nurse. Lc\mAs0+mow-1a.Dn691 1B-6 b. The services of a doctor available under an established agreement. C. Clinical records for all patients. The term "nursing home" does not include a rest home or a place for care of the aged, alcoholics or drug addicts. 9. "PAURsm*/Prior Authorization Utilization Review" means the process by which NYL evaluates the number of days of hospital confinement, if any, required for the care or treatment of a family member's condition. PAURsm is obtained as follows: a. A request for PAURsm must be made to New York Life by the family member or attending doctor. When required to be written, this request must be on a form satisfactory to New York Life and completed by the family member's attending doctor. Except for an Emergency Confinement, the request must be sent to New York Life at least ten (10) working days before the family member enters the hospital as an inpatient. • PAURsm is a service mark of New York Life Insurance Company(NYL)for its hospital utilization review program. LGVwASO+/FW-I B.DTF691 1B-7 1 b. For EMERGENCY CONFINEMENT, a telephone request must be made by the attending doctor to NYL within 48 hours after confinement starts. The telephone request must be followed by a written request prior to discharge. A late request by the attending doctor will be accepted if it is not reasonably possible to submit the request during the above time frame. C. PAURsm determination will be made within three (3) working days after NYL receives the written request, and written notification of this determination will be sent to the attending doctor, hospital and family member. For EMERGENCY CONFINEMENT, the attending doctor and hospital will be notified of the PAUR determination. d. The attending doctor or family member may at any time ask NYL to: (1) re-evaluate the PAURsm determination; or (2) extend the number of days of confinement authorized in this determination. LG\rwAS0+/FlV-1 B.DTF691 1B-8 Any PAURsm functions may be performed on our behalf by a third party we select. 10. "USUAL OR PREVAILING CHARGES" means the lesser of: a. The charge usually made by the provider for the services or supplies furnished; or b. The charge most other providers with the same training in the same locality would make for those or comparable services or supplies, as determined by New York Life. 11. "WE" means the Employer. In this Part, "he", "him", and "himself" mean a person of either sex unless the context requires that the word mean only a male. WHO IS ELIGIBLE FOR COVERAGE AND WHEN DOES COVERAGE BEGIN? No employee shall become covered under Part B for himself or his dependents, if any, unless (a) he is covered or simultaneously becomes covered under Part A and (b) , with respect to coverage for dependents, enrolls his dependents for coverage under Part A. LG1rwASO+/FW.1 B.DTF691 1B-9 Any child born while the parent is covered will become a covered dependent at the moment of birth. If the employee did not elect dependents ' coverage before the child' s birth, coverage on the child will cease at the end of the 31st day after its birth unless during such 31 days the employee gives the Employer a written request to make payroll deductions, if any, toward the cost of dependents ' coverage. WHEN DOES COVERAGE END? Coverage ends on the day the employee ceases to be covered for Part A benefits. WHEN SHOULD A CHANGE IN FAMILY STATUS BE REPORTED? The employer should be contacted promptly when any event occurs that could affect a dependent' s eligibility for coverage. Some examples are: change in marital status, birth of a child and change in a child's student status. A delay could result in not having coverage which would otherwise be provided. Benefits will be payable under Part B if an employee or dependent incurs medical expenses due to an injury, a sickness, a mental disorder or a pregnancy. There is a deductible for each person. LG\mASO+/FW-1B.DTF691 1B-10 WHAT IS THE DEDUCTIBLE? The deductible is an amount of a person's covered expenses in a calendar year for which no benefits will be paid. It applies to all kinds of covered expenses. WHAT IS PAID BY YOUR EMPLOYER? We will pay a percentage of most covered expenses in excess of the deductible. This percentage is indicated after Percentage We Pay on the Employer Certification. However, for a few covered expenses a reduced rate of 50%, after the deductible, will be paid. (See 1B-1) . ARE PAYMENTS MADE FOR PRE-EXISTING CONDITIONS? Covered expenses due to a pre-existing condition are covered on the same basis as for other conditions. However, no benefits are payable until one of the requirements of the DO WE PAY FOR PRE- EXISTING CONDITIONS is satisfied. WHAT ARE COVERED EXPENSES? Covered expenses are usual or prevailing charges for a broad range of medical services and supplies. 18-11 J "" LG\mAS0+/Fw•1a.M691 WHAT EXPENSES ARE NOT COVERED? Some medical expenses are covered only under certain conditions. Others are not covered at all. DOES OTHER COVERAGE AFFECT BENEFITS? Yes. Benefits may be reduced by similar benefits of other group type plans or Medicare. See DUPLICATE BENEFITS. WHAT IS THE DEDUCTIBLE? Individual Deductible An employee must pay an amount in each calendar year of each FAMILY MEMBER'S Covered Expenses before benefits become payable. This amount is the amount indicated after Individual Deductible on the Employer Certification. Family Deductible An employee does not have to pay more than the Family Deductible amount for all family members combined. After that, each family member's deductible will be considered paid for that year. LG\ewASO+/F W-I B.DTF691 1B-12 The Family Deductible amount is the amount indicated after the Family Deductible on the Employer Certification. "Family Member" means the employee or any of his covered eligible dependents under the Plan. WHAT DOES THE EMPLOYER PAY? After the employee pays the Deductible, we will pay a percentage of the Covered Expenses for the rest of the calendar year. This percentage is indicated after Percentage We Pay on the Employer Certification. The employee will have to pay the percentage of such Covered Expenses which we do not pay. This is also true for each family member. Are There Exceptions To This? There are some Covered Expenses for which we pay only 50%. These are described under SPECIAL BENEFITS. Is There A Limit On What An Employee Pays? Individual Limit Aside from the Deductible, an employee does not have to pay more than the amount indicated after Individual Out-Of-Pocket Limit on ' a*� LG\r.ASO+/FWIB.DTF691 1B-13 the Employer Certification for Covered Expenses for himself and/or a family member during a calendar year. For the rest of that year, we will pay 100% of Covered Expenses for the employee and/or that family member, except as stated under SPECIAL BENEFITS. Family Limit Aside from the Deductible, an employee does not have to pay more than the amount indicated after Family Out-Of-Pocket Limit on the Employer Certification for Covered Expenses of all family members combined during a calendar year. For the rest of that year, we will pay 100% of Covered Expenses for all family members whose Deductible has been paid, except as stated under SPECIAL BENEFITS. Is There A Maximum Benefit? There is no limit on the amount of benefits we will pay for a family member's Covered Expenses while the family member is covered under this Plan, except for mental disorders and nursing services. The limits for these benefits are stated below. LG\rwASO+/FW-1 B.DU691 1B-14 SPECIAL BENEFITS What Do We Pay For Mental Disorders? We will pay an Employee's and/or a family member' s Covered Expenses due to mental, nervous and emotional disorders as described below. Doctor Services and Other Outpatient Services BENEFITS--After the Deductible is paid, we will pay 50% of Covered Expenses for doctor services and other outpatient services due to these disorders for the rest of the calendar year. COVERED EXPENSES--Covered Expenses for doctor services and other outpatient services due to these disorders include charges up to $50 for each of the first 20 visits in a calendar year. After that, such services are not covered. However, Covered Expenses do not include charges for more than one visit in any day or charges for services not personally performed by a doctor. The term "doctor" includes a licensed or certified psychologist. The maximum number of visits described above will be reduced by the number of visits for which you receive BASIC BENEFITS in the same calendar year. LG4wASO+/FW I B.DTF691 1B-15 Inpatient Hospital Services DOCTOR SERVICES AND BENEFITS--After the Deductible is paid, we will pay 50% of doctor services and other inpatient hospital services due to these disorders for 30 days of confinement in a calendar year. After that, such services are not covered. The maximum number of days described above will be reduced by the number of days for which an employee received BASIC BENEFITS in the same calendar year. Psychiatric Day Treatment Facility BENEFITS--After the Deductible is paid, we will pay Covered Expenses for doctor services and other services by a PSYCHIATRIC DAY TREATMENT FACILITY due to mental, nervous and emotional disorders. See--DEFINITIONS for an explanation of Psychiatric Day Treatment Facility under "Hospital" . COVERED EXPENSES--Covered Expenses for doctor services and other services by a Psychiatric Day Treatment Facility will be 50% of the Inpatient Hospital Services Benefit described above. LG4avA50+/Fw-IB.1TF691 1B-16 Alternative Mental Health Treatment BENEFITS--After the Deductible is paid, we will pay Covered Expenses for doctor services and other services by a RESIDENTIAL DAY TREATMENT FACILITY FOR CHILDREN AND ADOLESCENTS or a CRISIS STABILIZATION UNIT if the following conditions are met: (a) An employee or a covered dependent has a serious mental illness which: (i) substantially impairs the person' s thought, perception of reality, emotional process, or judgement or grossly impairs behavior as shown by recent disturbed behavior, and (ii) would require inpatient services by a hospital in the absence of a Residential Treatment Center for Children and Adolescents or Crisis Stabilization Unit Facility. (b) The services rendered by such a facility are based on an INDIVIDUAL TREATMENT PLAN; and (c) The providers of those services are licensed by the appropriate state agency or board to do so. See DEFINITIONS for explanations of Residential Treatment Center for Children and Adolescents, Crisis Stabilization Unit, and Individual Treatment Plan, all under "Hospital" . "" LG\mAS0+/FW-IB.DTF691 1B-17 COVERED EXPENSES--Covered Expenses for Alternative Mental Health P. Treatment will be 50% of the Inpatient Hospital Services Benefit described above. Limit On What You Pay The 100% payment rate after the Out-Of-Pocket Limit is reached does not apply to Covered Expenses for mental disorders. Lifetime Maximum Benefit The maximum we will pay for all Covered Expenses due to these disorders is $30, 000. This maximum amount will be reduced by the amounts received under BASIC BENEFITS. SPECIAL BENEFITS What Do We Pay For Nursing Services? We will pay a family member's Covered Expenses for nursing services as described below: BENEFITS--After the Deductible is paid, we will pay: 50% of Covered Expenses for nursing services, including those provided while confined in a hospital . However, we will pay MmASO+/FW.IB.DTF691 1B-18 no more than $2 , 500 in benefits for nursing services in a ' calendar year. LIMIT ON WHAT AN EMPLOYEE PAYS--The 100% payment rate after the Out-Of-Pocket Limit is reached does not apply to Covered Expenses for nursing services. COVERED EXPENSES--Covered Expenses for nursing services include charges by a registered nurse or a licensed practical nurse. Covered Expenses do not include: Charges by the same nurse for more than one eight hour shift during any day. - Charges by a nurse who resides in the family member' s home or is related to the family member by blood or marriage. - Charges for custodial care. The maximum calendar year amount described above will be reduced by amounts received under BASIC BENEFITS in the same calendar year. DO WE PAY FOR PRE-EXISTING CONDITIONS? For persons not covered under the prior plan (See 1B-38) , we will pay for Covered Expenses due to a PRE-EXISTING CONDITION on the same basis as for other conditions, but only after the earliest of: \"'� l LG\rwASO+/FW-1B.DTF691 1B-19 ( 1) The day the family member has not received any medical advice or treatment for the pre-existing condition for twelve (12) consecutive months; (2) The day upon which a two year period has elapsed after the family member' s coverage date; or (3) The day the pre-existing condition qualifies for full benefits under Part A. Until the family member has met one of the above, we will not pay for Covered Expenses due to the pre-existing condition. "Pre-existing Condition" means any injury, sickness, mental disorder, pregnancy,p g y, or related illness for which a family member has consulted a doctor, received any medical services or supplies, or taken any medication during the three months immediately before becoming covered under this Part B. DO WE PAY FOR PREGNANCY? We will pay for a family member' s Covered Expenses due to pregnancy, childbirth or a related medical condition on the same basis as for a sickness. Covered Expenses include COMPLICATIONS OF PREGNANCY, as described below. However, we will not pay any LG4wAS0+/FW 1 B.DTF691 1B-20 expenses incurred in connection with voluntary abortions. See WHAT � EXPENSES ARE NOT COVERED? Covered Expenses include the charge normally made by the hospital, excluding doctor charges, for routine services furnished to a baby during the first 5 days after its birth or before the mother is discharged from the hospital, if earlier. "COMPLICATIONS OF PREGNANCY" means: (A) conditions, requiring hospital confinement (when the pregnancy is not terminated) , whose diagnoses are distinct from pregnancy but are adversely affected by pregnancy or are caused by pregnancy, such as acute nephritis, nephrosis, �1 cardiac decompensation, missed abortion, and similar medical and surgical conditions of comparable severity, and (B) non-elective cesarean section, termination of ectopic pregnancy, and spontaneous termination of pregnancy, occurring during a period of gestation in which a viable birth is not possible. ' LG VwAS0+/FW.1 B.DTF691 1B-21 WHAT ARE COVERED EXPENSES? Covered Expenses are USUAL OR PREVAILING CHARGES for the necessary MEDICAL CARE set forth below. Such charges will be covered if they are incurred by a family member while covered under Part B. Not all expenses are covered. See WHAT EXPENSES ARE NOT COVERED? HOSPITAL SERVICES--Charges by a HOSPITAL for inpatient services excluding the first $500 of such charges per confinement if PRIOR AUTHORIZATION UTILIZATION REVIEW is not requested. See DEFINITIONS for an explanation of what PRIOR AUTHORIZATION UTILIZATION REVIEW is and how it is requested. Also, see SPECIAL BENEFITS for inpatient hospital services due to mental disorders. Private room charges are covered up to the hospital 's regular daily semi-private room rate. However, this limit will not apply if confinement in a private room is required because of a contagious disease. Charges by a hospital for outpatient services are also covered. If a family member is admitted to a hospital on a Friday or a Saturday, hospital charges incurred on the day of admission and on the following day, if a Saturday, are not covered. This does not apply if surgery is performed within 24 hours of the admission or the admission is due to emergency illness or accident. Two or more LGMwASO+/FW-1 B.D7'F691 1B-22 hospital confinements due to related causes will count as one period of hospital confinement unless separated by at least 14 days. DOCTOR SERVICES--Charges by a DOCTOR. See SPECIAL BENEFITS for Covered Expenses due to mental disorders. NURSING SERVICES--See SPECIAL BENEFITS for these Covered Expenses. LAB SERVICES--Charges for diagnostic x-ray and lab tests. ANESTHETICS--Charges for anesthetics and their administration. MEDICAL SUPPLIES--Charges for: blood or blood plasma not donated or replaced; prosthetic appliances, splints, crutches and braces; oxygen; and rental of durable equipment of a medical or surgical nature. This equipment is limited to hospital beds, wheel chairs, respirators and cardiac monitors. TRANSPORTATION SERVICES--Charges for local ambulance service. Charges for railroad or regularly scheduled airline service for one trip per year within the United States or Canada by a covered employee or covered dependent requiring transportation for the purpose of receiving medical treatment. These services must be in connection with the transport of that family member to and from the nearest hospital where the family member has been or will be LG4wASO+/FW-1 B.DTF691 1B-23 confined for necessary medical care. However, the confinement requirement does not apply when transportation to a hospital is necessary because of an accidental injury. PHYSIOTHERAPY--Charges by a licensed or certified physiotherapist. SPEECH OR HEARING LOSS--Charges for treatment of loss or impairment of speech or hearing. CHEMICAL DEPENDENCY SERVICES--Charges by a state approved institution that is primarily engaged in treating chemical dependency for inpatient, residential or non-residential treatment programs, ordered by a doctor. EMERGENCY CARE--Charges for bona fide emergency services after the sudden onset of a medical condition which (a) manifests itself by severe pain and other acute symptoms of sufficient severity and (b) leads to the reasonable expectation that, absent immediate medical attention, the condition would result in: (1) placing the patient's health in serious jeopardy; (2) serious impairment to bodily functions; or (3) serious dysfunction of any bodily organ or part. LG\mASO+(F W-1 B.Dn691 1B-24 NURSING HOME SERVICES--Charges by a Nursing Home up to the home ' s regular daily semi-private rate for 100 days of confinement in a calendar year. Such confinement must be certified, in writing, by the attending physician, prior to the confinement. The physician must certify that: (1) the confinement is medically necessary, (2) the treatment to be provided is non-custodial, and (3) the confinement is in lieu of a hospital confinement. Care required solely for assistance with normal daily activities, such as dressing, feeding, and ambulation is custodial. The maximum number of days described above will be reduced by the number of days for which you receive BASIC BENEFITS in the same ZJcalendar year. MAMMOGRAPHY--Charges for an annual mammography and screening for the presence of occult breast cancer for females who are age 35 or older. HOME CARE SERVICES--Charges by a hospital or a HOME HEALTH AGENCY for up to 100 home care visits in a 12 month period. The visits must begin within 14 days after a hospital or nursing home stay. This requirement will not apply if a doctor certifies that the home care is in lieu of a confinement. Up to 4 consecutive hours of home health services provided by a home health aide will be : LGVwASO+/FW-IB.UTF691 1B-25 considered one home care visit. Home Care Services include: physical, occupational , speech or respiratory therapy; the service of a home health aide under the supervision of a registered nurse; and the furnishing of medical equipment and medical supplies other than drugs and medicines. Charges for custodial care are not covered. The maximum number of visits described above will be reduced by the number of visits for which you receive BASIC BENEFITS in the same 12 month period. AMBULATORY SURGICAL CENTER SERVICES--Charges by an AMBULATORY SURGICAL CENTER for surgical services. WHAT EXPENSES ARE NOT COVERED? The following charges are not covered or are covered only to the extent stated. OCCUPATIONAL INJURY--Charges due to an on the job injury are not covered. However, this exclusion will not apply if the law does not permit a family member' s employer (or his family member) to obtain coverage for the family member under a Workers ' Compensation Act or similar act. Nor will it apply if the law permits but does not require a family member who is a partner or an individual LGUavASO+mow-1B.D7'FQ91 1B-26 proprietor to have coverage under a Workers ' Compensation Act or ` similar act and that person does not have such coverage. OCCUPATIONAL SICKNESS--Charges due to any sickness which would entitle the family member to benefits under a Workers ' Compensation Act or similar act are not covered. GOVERNMENT SERVICES--Charges for medical care furnished by or paid for by any government or government agency are not covered. Charges for medical care are not covered if the family member would not have been required to pay for the services in the absence of insurance for medical care. However, this exclusion will not apply: (a) to charges which the state in which the Family member resides is entitled to as a reimbursement under its Medicaid Law; or (b) to charges which a hospital facility makes for care or a family member who is not indigent, and which that facility normally makes and collects from each patient who is not and indigent; or (c) to charges for treatment while in a tax-supported institution due to mental illness, mental retardation, or both. ,t, ! MmASO+/FW1B.0?F691 1B-27 SERVICES FOR WHICH PAYMENT IS NOT REQUIRED--Charges for medical �y care are not covered if the family member would not have been required to pay for the services in the absence of insurance for medical care. COSMETIC SURGERY AND TREATMENT--Charges in connection with surgery, medication or any other type of treatment primarily for the purposes of improving appearance, including hair restoration, are not covered. However, this exclusion does not apply if the surgery, medication or treatment is due to injuries sustained in an accident which takes place while covered under the Plan's Major Medical insurance. Nor will it apply to a congenital malformation of a child who became covered under the Plan's Major Medical insurance at birth. Few FOOT CARE--Charges for the following are not covered: treatment of weak, strained or flat feet; instability or imbalance of the feet; orthopedic shoes and other supportive devices. Also, charges for cutting, removal or treatment of corns, calluses, bunions or toenails are not covered unless needed because of diabetes or other similar disease. CUSTODIAL CARE--Charges for custodial care are not covered. ROUTINE PHYSICAL EXAMINATIONS--Charges for routine physical examinations are not covered. LG\mASO+/FW-1 B.DTF691 1B-28 PRESCRIPTION DRUGS--Charges for prescription drugs are covered in excess of the deductible at eighty percent (80%) of the cost of the drugs up to the annual maximum out-of-pocket expense. Thereafter, such costs are covered at 100%. Such charges may be applied to satisfy either the annual Plan deductible or the annual maximum out-of-pocket expense. IMMUNIZATIONS--Charges for immunizations are not covered. HEARING CARE--Charges for hearing aids or their fitting are not covered. OVERSEAS BUSINESS TRAVEL--Charges for medical care furnished during a business trip outside the United States and Canada are covered ,5 1 yy only during the first 60 days of the trip. WAR CONDITIONS--Charges due to an injury, a sickness or a mental, nervous or emotional disorder arising out of war, or an act of war, are not covered. DENTAL SERVICES--Charges for treatment of the teeth are not covered except for treatment of natural teeth injured in an accident which takes place while the family member is covered under Part B. Charges for any such treatment rendered more than one year after the accident are not covered. Charges for surgery due to periodontal disease are not covered. Charges for treatment of the -N,1 LGV.ASO+/FW-1B.DTF691 1B-29 teeth due to a congenital malformation of a child who became covered under Part B at birth are covered. VISION CARE--Charges for eye tests are not covered unless due to a sickness or an injury. Also not covered are charges for: eye glasses or their fitting; and radial keratotomies or similar surgery done to treat myopia. SERVICES BY RELATIVES--Charges for medical care furnished by any of the following persons: the family member's spouse, parent, child, grandparent, brother, sister or parent-in-law are not covered. INPATIENT HOSPITAL SERVICES--Charges by a HOSPITAL for inpatient services for the first $500 per confinement are not covered if ID Prior Authorization Utilization Review is not requested for that confinement. If a family member is admitted to a hospital on a Friday or a Saturday, hospital charges incurred on the day of admission and on the following day, if a Saturday, are not covered. This does not apply if surgery is performed within 24 hours of the admission if the admission is due to emergency illness or accident. BODY DISTORTION--Charges for detecting and correcting body distortion are not covered except as set forth below. "Body MrwASO+/FW-IB.DTF691 1B-30 distortion" means structural imbalance, distortion, or incomplete 00 or partial dislocation in the human body: (a) which interferes with the human nerves; and (b) which is due to or related to distortion, misalignment or incomplete or partial dislocation of or in the vertebral column. However, charges by a doctor for detecting or correcting body distortion will be covered up to $500 in a calendar year. BASIC BENEFITS--Charges for which you received BASIC BENEFITS are k4 not covered. JAW JOINT DISORDERS--Charges due to treatment for any jaw joint disorders including temporalmandibular joint syndrome and craniomandibular disorders, or other conditions of the joint linking the jaw bone and skull and the complex of muscles, nerves and other tissues related to that joint. However, charges due to treatment for any jaw joint disorder will be covered up to a maximum of $1, 500 in a calendar year. INFERTILITY--Charges made for procedures which promote fertility are not covered: these include, but are not limited to, hormone therapy, artificial insemination, in-vitro fertilization, embryo ' LGVwASo+/FW-1a.DTF691 1B-31 transfer and Gamete Intra-Fallopian Transfer (GIFT) ; and reversal of surgical sterilizations. STERILIZATIONS--Charges made in connection with sterilizations are not covered. VOLUNTARY ABORTIONS--Charges for services furnished in connection with voluntary abortions are not covered. HOW DO OTHER GROUP TYPE PLANS AFFECT BENEFITS? If a person has medical coverage under a "GROUP TYPE PLAN" (excluding school student insurance) , we will coordinate our benefits with those of that plan. One plan is primary. One plan is secondary. The primary plan pays regular benefits in full . The secondary plan pays a reduced amount which, when added to the benefits paid by the primary plan, will equal 100% of ALLOWABLE EXPENSES. "ALLOWABLE EXPENSE" means the usual or prevailing charge of an item of care at least part of which is covered by one of the plans. When our plan is secondary, any deductible or copayment amount or percentage charged and unpaid by the primary plan will be an Allowable Expense; our Plan' s deductible and copayment amounts remain applicable to the balance of Allowable Expenses unpaid by the primary plan. LGV.ASO+/FW-I B.DTF691 1B-32 "GROUP TYPE PLAN" means a plan of insurance (other than a plan providing BASIC BENEFITS) , which: (a) is provided through a group policy or contract, or individual policies or contracts to classes of employees or members defined by conditions pertaining to employment or membership; (b) provides coverage only because of the covered person ' s membership in or in connection with the particular organization or group; it does not provide coverage to the general public; (c) is sponsored by an employer, union or association which also arranges for bulk payment of premiums or subscription charges; and (d) provides benefits similar to, but not necessarily identical with, this plan's benefits for medical charges. A plan that does not coordinate with other plans is always the primary plan. If both plans coordinate, the primary plan is determined as described below. (a) The Plan which covers the patient as an employee, rather than as a dependent, is primary. ,_' LG\mAS0+/FW-1B.Dn691 1B-33 (b) If both plans cover the patient as a dependent child, the following will determine which plan is primary: (i) If the child' s parents are living together, the primary plan will be the Plan of the parent whose birthday occurs earlier in the calendar year, except that: If either parent's plan does not have this rule for determining which plan is primary, the Plan without this rule shall determine which plan is primary. (ii) If the child's parents are divorced, the primary plan will be the Plan of the parent with the custody of the child, except that: When the parents are divorced and the parent with custody of the child has not remarried, the benefits of the Plan which covers the child as a dependent of the parent with custody of the child will be determined before the benefits of a Plan which covers the child as a dependent of the parent without custody. When the parents are divorced and the parent with custody of the child has remarried, the benefits of a Plan which covers the child as a dependent of the LG\mASO+/FW-1 B.DTF691 1B-34 parent with custody, shall be determined before the benefits of a Plan which covers that child as a dependent of the stepparent, and the benefits of a Plan which covers the child as dependent of the stepparent will be determined before the benefits of a Plan which covers that child as dependent of the parent without custody. Notwithstanding (i) and (ii) above, if there is a court decree which would otherwise establish financial responsibility for the medical, dental or other health care expenses with respect to the child, the benefits of a Plan which covers the child as a dependent of the p parent with such financial responsibility shall be determined before the benefits of any other Plan which covers the child as a dependent child. (c) If neither (a) nor (b) applies, the primary plan will be the Plan which has covered the patient for the longer period of time, except that: (i) If the coverage of one plan is based on present employment, and the coverage of the other plan is based on prior employment, the primary plan will be the Plan which is based on present employment; and LG\mASO+/Flip•1 B.DTF691 1B-35 (ii) If either plan issued in another state and does not have the rule in (c) (i) for determining which plan is primary, and as a result both plans will be considered secondary, then the (c) (i) rule will not apply. HOW DOES MEDICARE AFFECT BENEFITS? 1. We will pay this Plan's benefits for you without regard to Medicare if you are eligible to apply for Medicare because of age and are eligible for this Plan's benefits as an active employee. 2. We will pay this Plan's benefits for your spouse without regard to Medicare if: (a) You are eligible for this Plan 's benefits as an active employee; and (b) Your spouse is a family member under this Plan, is not eligible to apply for benefits under another group type as an active employee, and is eligible to apply for Medicare because of age. 3 . If your spouse is eligible to apply for benefits under another "GROUP TYPE PLAN" as an active employee, but all the other LGVwASO+/FW I B.DTF691 1B-36 requirements of item 2 . above are met, we will coordinate our coverage as stated above under HOW DO OTHER GROUP TYPE PLANS AFFECT BENEFITS? If any expenses are unpaid after the group type plan pays its benefits as the primary plan and we pay our benefits as the secondary plan, a claim should be made to Medicare for those expenses. 4 . If you and/or your spouse are eligible for this Plan' s benefits as a retired employee and in all other cases, we will pay benefits as follows: (a) For types of expenses covered by both this Plan and Medicare, we will reduce our benefits so that our benefits plus Medicare benefits equal 100% of Allowable Expenses, excluding applicable copayments and deductibles. When a person is eligible to apply for benefits under Medicare or another group type plan as an employee, we will first adjust this Plan' s benefits for Medicare as if the person had full Medicare coverage (Part A and Part B) ; we will do so even if the person has not enrolled for Medicare or applied for its benefits. Then we will coordinate with the other plan's benefits. But we will not in any event pay for hospital room and board charges in excess of the regular semi-private room rate. l% LG4wAS0+/FW-1 B.DTF691 1B-37 (b) For types of expenses covered by this Plan, but not covered by Medicare, we will pay the Plan' s regular ' benefits. THIS SECTION ONLY APPLIES TO PERSONS COVERED UNDER THE EMPLOYER'S PLAN ON THE DAY BEFORE THIS PLAN TOOK EFFECT. THE MAIN PURPOSE IS TO AVOID GAPS IN COVERAGE THAT MIGHT OTHERWISE OCCUR BECAUSE OF THE CHANGE IN PLANS. IT ALSO PREVENTS DUPLICATE CLAIM PAYMENTS. "The Prior Plan" means the Employer's Plan which (a) was in effect on the day before the Employer adopted this plan, (b) was terminated for all the Employer's employees, and (c) was replaced by this Plan. HOW DOES THE PRIOR PLAN AFFECT BENEFITS? This Plan's benefits will not duplicate the prior plan's benefits. We will reduce the benefits for a claim by any benefits that would be payable under the prior plan's extended benefit provisions for that same claim if the EFFECT OF PRIOR PLAN COVERAGE section had not been included. LGMwASO+/Fw-1 B.DTF691 1B-38 WHAT ARE THE BENEFITS FOR PERSONS COVERED UNDER THE PRIOR PLAN? If any employee met all of the "WHO IS ELIGIBLE FOR COVERAGE" requirements on the day this Plan took effect, that employee will be covered for pre-existing conditions as described below. Each dependent who met the "WHO IS ELIGIBLE FOR COVERAGE?" requirements on such day are also covered for this Plan's benefits except that benefits for a pre-existing condition will be described below. The "WHO IS ELIGIBLE FOR COVERAGE AND WHEN DOES COVERAGE BEGIN" requirements are described on page 1B-10. WHAT ARE THE BENEFITS FOR PERSONS COVERED UNDER THE PRIOR PLAN FOR PRE-EXISTING CONDITIONS? Benefits for pre-existing conditions will be as described below for persons covered under the prior plan. The "DO WE PAY FOR PRE- EXISTING CONDITIONS?" provision in Part B does not apply to such persons. Benefits for any pre-existing condition will be the amount of this Plan's benefits. "PRE-EXISTING CONDITION" means an injury, sickness, mental disorder, pregnancy or related illness for which a person has consulted a doctor, received any medical services or supplies or LGVwASO+/F W.I B.DTF691 -• 1B-39 taken any medication during the three months immediately before becoming covered under Part B of this Plan. p WHAT ARE THE BENEFITS FOR PERSONS WHO FAILED TO MEET THE "WHO IS ELIGIBLE FOR COVERAGE?" REQUIREMENTS WHEN THIS PLAN TOOK EFFECT? If, on the day this Plan took effect, an employee failed to meet all of the "WHO IS ELIGIBLE FOR COVERAGE?" requirements, no Part B benefits are payable. After an employee has met all of the "WHO IS ELIGIBLE FOR COVERAGE?" requirements, the employee will become covered for this Plan's Part B benefits as described under "WHAT ARE THE BENEFITS FOR PERSONS COVERED UNDER THE PRIOR PLAN?" . WILL A NEW PART B DEDUCTIBLE HAVE TO BE MET? A new Part B deductible for this Plan must be met. However, charges applied toward the prior Plan' s deductible which were incurred during the calendar year in which this Plan took effect will count toward meeting this Plan's deductible for that year. SHOULD RECORDS OF EXPENSES BE KEPT? An employee should save all bills and receipts for medical expenses. We need them as proof of claim. LG\mASO+IFWK i 6.DrrF691 1B-40 1 HOW TO FILE A CLAIM FOR PART B BENEFITS? 1 An employee should obtain a claim form from the Employer. WHEN SHOULD CLAIMS BE SUBMITTED? When an employee has a claim, he should promptly submit the completed claim form and any bills or receipts. We have the right to reject claims submitted more than 180 days after the loss. A late claim might be accepted if it was not reasonably possible to submit the claims during the 180 days. HOW WILL BENEFITS BE PAID? Benefits will be paid after we receive proof of claim. They will be paid as directed on the claim form. All benefits must be paid no more than 60 days after receipt of proof. No legal action can be brought if payment is not received prior to the expiration of 60 days after proof of loss has been filed and no such action shall be brought at all unless brought within four (4) years from the expiration of 60 days within which Proof of Loss is required. FcVwAso+/Fw-I H.DTF691 1B-41 MAY WE REQUIRE ADDITIONAL PROOF OF CLAIMS? Yes. For example, before paying benefits, we may have a non- participating physician with similar education, credentials and training whom we select examine the patient. RIGHT OF SUBROGATION When we pay benefits for Covered Expenses incurred due to the injury, sickness or mental disorder of a family member: 1. We shall be subrogated, to the extent of such payment, to all of the family members ' rights of recovery against any third party because of such injury, sickness, or disorder; and, k 2 . The family member shall: (a) sign and deliver to us all necessary papers and do whatever else is necessary to secure such rights; and (b) do nothing to prejudice such rights without our written consent. We may elect not to exercise such rights with respect to a particular claim or family member. WHEN DOES COVERAGE UNDER PART B END? Coverage will end on the day the employee ceases to be covered for Part A benefits. MmASO+/F W-1 B.DTF691 1B-42 0 CONTINUANCE OF COVERAGE May Coverage Be Continued After It Would Otherwise End? Contact your Employer to determine if the coverage may be continued. FACILITY OF PAYMENT Payment may be made to any person(s) , other than the employee, or to an institution, if in the Employer's opinion: (a) the employee is legally not able to give valid receipt for any payment due him; and (b) the persons) or institution receiving such payment has been caring for or supporting the employee. Such payments will continue until claim is made by a duly appointed guardian or committee of the employee. Lc\mas0+1FW-1B.M691 1B-43 EXHIBIT 2 PART A GROUP MEMBERSHIP SERVICE AGREEMENT AS ADMINISTERED BY SANUS TEXAS HEALTH PLAN Your Employer certifies that, subject to the terms and conditions of the Benefit Plan and, more particularly, to the terms and conditions of this Part A, you are covered for the benefits described herein. � d This Exhibit is subject to the terms and conditions of the Group Membership Service Agreement as set forth in Exhibit I, Part A, pages 1A-1 to 1A-50 herein. LG\MASO+/FW:A.DTF691 2A-1 EXHIBIT 2 PART A (Cont'd) { SCHEDULE OF BENEFITS Enrollees are entitled to receive the services and benefits set forth in this Schedule of Benefits which are Medically Necessary and are provided, ordered, prescribed or authorized by the Enrollee's Participating Primary Care Physician subject to the limitations, exclusions, Copayments and deductibles specified. I. ROUTINE MEDICAL AND HEALTH SERVICES . WHEN COVERED Except in the case of a Medical Emergency, services are covered only under the following conditions: A. Each Enrollee must select a Participating Primary Care Physician, from the directory, who will be responsible for the Enrollee's health needs, including coordination of out-of-area services and specialist referrals. B. To be covered under the Plan, all services must be provided, directed or authorized by the Enrollee's Participating Primary Care Physician at a Participating Facility. When the Enrollee requires care by another Participating Physician, Participating Hospital , LG\mAS0CF-SB2.DTF691 2A-2 � Participating Chemical Dependency Treatment Facility or other Participating Health Professional, the Enrollee ' s Participating Primary Care Physician will make a written referral to such Participating Physician, Participating Hospital, Participating Chemical Dependency Treatment Facility or Participating Health Professional. The only exception is the well-woman examination provided for in Section II.B (1) (a) , or as otherwise expressly provided. The Plan will not pay for visits to any Physicians, Hospitals, chemical dependency treatment facilities or Health Professionals that have not been authorized in writing by the Enrollee' s Participating Primary Care Physician and, when appropriate, approved in advance by the Plan. The Enrollee 's Participating Primary Care Physician will be responsible for reviewing, coordinating and following up on any specialty or hospital course of treatment. C. The Enrollee's Participating Primary Care Physician may make referrals only to Participating Physicians, Participating Hospitals, Participating Chemical Dependency Treatment Facilities and other Participating Health Professionals who have signed participating provider agreements with Sanus. The Enrollee 's Participating Primary Care Physician may make referrals to Non-Participating Physicians and Non-Participating :' LGkwAS0CF-SB2.DTF691 2pl-3 Hospitals and Health Professionals when such services cannot be provided by another Participating Provider Such referrals must be in writing and approved in advance by Sanus as the administrator of the Plan. D. Participating Specialist Physicians may make further referrals to other Physicians, Hospitals, Participating Chemical Dependency Treatment Facilities and Health Professionals. In each case, they must receive the concurrence of the Enrollee's Participating Primary Care Physician and follow the same referral procedures set out in paragraphs B and C above. E. When a Participating Physician determines that an Enrollee requires admission to a Participating Hospital, the physician must obtain precertification from the Plan. Length of stay will be determined by medical necessity and monitored to assure that appropriate care is rendered in the appropriate setting. LG\mASOCFSB2.DTF691 2A-4 II. ROUTINE MEDICAL BENEFITS, HEALTH BENEFITS AND COPAYMENTS: Services Required Copayments A. OUTPATIENT SERVICES 1. Office visits for diagnosis and $10 per visit. treatment of illness or injury. a. Laboratory services. None in lab facility. b. Diagnostic and therapeutic None in radiology radiological services in facility. support of other covered benefits and services. C. Surgical procedures in a $10 per visit. Participating Physician's office. (See Section II.C( 1) ) . d. Administered drugs, $10 per visit. medications, injectibles, biologicals, fluids, radioactive materials, dressings, casts, and crutches; splints and braces which are used for urgent or emergency treatment. (See Sections IV.W and IV.Y) e. Obstetrical care, including $10 per visit. pre-natal and post-natal services. 2 . Medically Necessary short-term $10 per visit. outpatient rehabilitation (i.e. , physical therapy) services for acute conditions which are recommended by the Enrollee 's Participating Primary Care Physician and approved in advance by the Plan. The acute condition must be subject to significant improvement through short-term therapy. Short-term is defined as up to sixty (60) consecutive LGVwAS0CF-S82.DTF691 2A-5 services Required Copayments days per medical condition, including treatment received as an inpatient under Section II.D(2) . The total of outpatient and inpatient rehabilitative services shall not exceed sixty (60) consecutive days per medical condition, beginning with the first date of treatment. 3 . Medically necessary outpatient $175 for each surgery or same day surgery services, in a Hospital including anesthesia, which are outpatient unit, day recommended by the Enrollee' s surgery unit or Participating Primary Care Ambulatory Surgical Physician and approved in Center. (See Section advance by the Plan. The Plan II.C(1) ) . reserves the right to obtain a second opinion by a Physician of its own choosing. 4 . Participating Physician $10 for each physician services rendered in an home visit. Enrollee's home. 5. Allergy testing by a $25 per testing visit. Participating SANDS allergy $10 per visit (all specialist. (Allergy others) injections and serum are not covered. ) 6. Mental health services (non- $25 for each 50 minute chronic acute conditions only; visit. see Section IV.Q) . When recommended by the Enrollee's Participating Primary Care Physician and approved in advance by the Plan, up to twenty (20) fifty (50) minute office visits per calendar year to a participating psychiatrist, participating psychologist or participating LGkwASOCF-SB2.DTF691 2A-6 services Required Copayments mental health professional are provided for evaluation or crisis intervention mental health services. 7 . Chemical Dependency - Necessary $10 per visit. (No outpatient treatment for Copayment for aftercare Chemical Dependency is provided maintenance visits) on the same basis and is subject to the same limita- tions, exclusions and Copayments as treatment for physical illness generally. All treatment must be recommended by the Enrollee 's Participating Primary Care Physician and pre-authorized by the Plan and all care must be provided by a Participating Chemical Dependency Treatment - Facility. B. PREVENTIVE HEALTH SERVICES 1. Periodic health assessments, None. pediatric well-baby care and routine immunizations when deemed Medically Necessary by the Enrollee's Participating Primary Care Physician. The schedule and extent of such health assessments shall be determined by the Enrollee's Participating Primary Care Physician. Immunizations are given and covered in accordance with accepted medical practice for certain common communicable diseases including diphtheria, pertussis, measles, mumps, rubella, poliomyelitis and tetanus. LGVwASOCF-SB2.DTF691 2A-7 Services Required Copayments 2 . Annual Well Woman-Exam. Female None. Enrollees may elect to have a gynecological and related examination, including Pap smear, performed once every twelve (12) months by the Enrollee's Participating Primary Care Physician or any Sanus Participating Obstetrician/Gynecologist or Gynecologist offering such examination. NOTE: No Participating Primary Care Physician referral is needed for this exam. However, referrals are still required for other gynecological procedures. 3 . Routine vision, speech and None. hearing screening through 17 years of age to determine the need for correction; not to include refraction eye exams, testing or fitting for hearing aids. C. FAMILY PLANNING 1. Family planning services on a $10 per visit plus: IUD voluntary basis to include $25 for insertion or history, physical examination, removal; Diaphragm $25; related laboratory tests and Vasectomy $25; Elective medical supervision in tubal ligation $25; accordance with generally (See Section II.A(3 ) ) accepted medical practice; information and counseling on contraception, including advice on or prescription for a contraceptive method. LG\mAS0CF•SB2.M691 2A-8 'r Services Required Copayments 2 . Infertility services on a $10 per visit. voluntary basis. Diagnostic 50% for each artificial testing services to determine insemination service. the cause of infertility are covered. Artificial insemination (patient's spouse's sperm only) is covered. All infertility services require pre-certifi- cation from the Plan. (See Section IV.N) D. INPATIENT SERVICES Medically Necessary Inpatient Hospital Services. An Enrollee is entitled to receive the inpatient hospital services set forth in this Section, subject to all definitions, terms and conditions in this Plan and its attachments. Except as otherwise provided in Section III, these services will be available only in the Defined Area and only if performed, prescribed, arranged for, directed or authorized by the Enrollee's Participating Primary Care Physician at a Participating Facility. All non-emergency hospitalization must be approved in advance by the Plan. The Plan reserves the right to obtain a second opinion by a Physician of its own choosing. 1. Inpatient hospital services Medical or Surgical : are those provided by $275 per admission. Participating Hospitals within Obstetrical (including the Defined Area. Inpatient Therapeutic abortions) . ,, LG\mAS0CF-SB2.OFF691 2A-9 Services Required Copayments f hospital services for the Mother: $275 treatment of illness or injury Child: $275 including but not limited to: semi-private room and board; special diets when Medically Necessary; use of operating room and related facilities; special care unit and services; x-ray, laboratory and other diagnostic tests; drugs, medications, biologicals, anesthesia and oxygen services; physical therapy, radiation therapy and inhalation therapy; and administration of whole blood or blood products. (See Section IV.K) . Special duty nursing shall be provided only when Medically Necessary (i.e. , in the absence of an intensive care unit) , when recommended by the Enrollee's Participating Primary Care Physician and approved in advance by the Plan. Private room coverage shall be provided only in cases of medical necessity (i.e. , isolation due to infectious diseases) . The Enrollee may elect private room accommodations for other than the above stated reason. In such cases, the Enrollee is responsible for the direct payment of the difference to the Hospital . NOTE: Following discharge by the Physician responsible for the Enrollee's care while the Enrollee is hospitalized, an Enrollee remaining in LGkwASOCF-SB2.M691 2A-10 Services Required Copayments the Hospital beyond the Hospital 's discharge time is responsible for direct payment of additional charges to the Hospital. The Plan is not responsible or financially liable for such additional payments. 2 . Rehabilitation Services. $275 per admission. Medically Necessary short-term inpatient rehabilitation (i.e. , physical therapy) services at a Participating Facility for acute conditions which are recommended by the Enrollee 's Participating Primary Care Physician and approved in advance by the Plan. This acute condition must be subject to significant improvement through short-term therapy. Short-term is defined as up to sixty (60) consecutive days per medical condition which includes services received as an outpatient under Section II.A(2) . Such services shall not be approved on an inpatient basis unless other acute medical care is to be provided. The total of inpatient and outpatient rehabilitative services shall not exceed sixty (60) consecutive days per medical condition, beginning with the first date of treatment. 3 . Inpatient services in a $25 per day. Participating Skilled Nursing `� LGVwASOCF-S82.DTF691 2A-11 services Required Copayments Facility. When recommended by a Participating Primary Care Physician and approved in advance by the Plan, an Enrollee shall be able to receive short-term inpatient treatment at a participating Skilled Nursing Facility when acute care hospitalization is not appropriate. NOTE: Skilled nursing care is not covered when provided for conditions of senile deterioration, Alzheimer's Disease, mental retardation or mental illness. Private duty nursing services, private room accommoda- tions, personal or comfort items and other articles not specifi- cally necessary for treatment of illness or injury are excluded. Short-term is defined as up to sixty (60) days per medical condition. 4 . Chemical Dependency. Necessary $275 per admission. inpatient care and treatment for Chemical Dependency is provided on the same basis and subject to the same limitations, exclusions and Copayments as treatment for physical illness generally. All treatment must be recommended by the Enrollee's Participating Primary Care Physician and pre-authorized by the Plan, and all care must be provided by a Participating LGVwASOCF-SB2.DTF691 2A-12 Services Required Copayments Chemical Dependency Treatment Facility. E. OTHER SERVICES 1. Home Health Care Services. $10 per visit. Medically necessary home health care services are available only in the Defined Area when provided by a Sanus participating home health care agency, and are specifically limited to short-term intermittent skilled visits. Such services must be recommended by the Enrollee's Participating Primary Care Physician and approved in advance by the Plan. Short- term is defined as up to sixty ED (60) consecutive days per medical condition, beginning on the date when the first such visit occurs. 2 . Emergency Services: a. Hospital Emergency Room. $40 Copayment for each visit. (Charge waived if admission occurs at the time of emergency room visit) . b. Outpatient Emergency Care $20 Copayment for each Center visit. C. Physician offices operating $20 Copayment for each after hours as emergency visit. centers, office visits to a Physician outside normal office hours or urgent visits to a Physician covering for the Enrollee's - LG\rwAS0CF-SB2.DTF69I 2A-13 t :y' Services Required Co a ' qu p yments Participating Primary Care Physician. d. Emergency ambulance None. service. 3 . Ambulance Services. Medically None. Necessary ambulance service to the nearest medical facility capable of providing Emergency Care, or Medically Necessary non-emergency ambulance service when authorized in advance by the Plan. 4 . Prosthetic Devices. Initial None. external standard prosthetic medical appliances and limbs are covered when due to an acute illness or injury. External prosthetic appliances which are covered are: artificial arms, legs, eyes or permanent lenses; above or below knee or elbow prostheses; external cardiac pacemaker; and terminal devices such as hand or hook. Internal prosthetic devices are covered are: permanent aids and supports for defective parts of the body such as prosthetic cardiac valves, internal pacemakers and minor devices such as screw nails, sutures and wire mesh. All other prosthetic medical appliances, including items described in Section IV, are excluded. In questions of medical necessity, a second opinion may be requested by the Plan and is binding. (See Sections IV.BB, IV.CC, and IV.DD) LGV.ASOCF-SB2.DW691 2A-14 ( 1, 0MM" Services Required Copayments 5. Blood and Blood Products. None. Administration only. (See Section IV.K) 6. Dental Services a. Short-term, limited dental None. services for the following which result from an accidental non-occupational trauma or injury to healthy, natural teeth: Initial care and short-term treatment (up to 60 consecutive days) is covered provided (1) such accident occurred and services are performed during the term of coverage hereunder, (2) the Enrollee seeks initial treatment within forty-eight (48) hours of such accidental trauma or injury, and (3) all subsequent treatment after such initial emergency treatment is authorized by the Enrollee's Participating Primary Care Physician, approved in advance by the Plan and performed by a participating dentist. Injuries sustained by reason of mastication (i.e. , chewing or biting down) are excluded. b. Treatment of fracture, dis- location or malignant tumors of the jaw is provided on the same basis and is subject to the same limitations, exclusions and ,,`) LG1i-ASGCF-SB2.DTF691 2A-15 Services Required Copayments Copayments as for physical illness generally. 7. Temporomandibular Joint Subject to the Syndrome Benefits. Medically applicable Copayments Necessary (non-dental, non- specified in Section cosmetic) diagnostic and/or II. surgical treatment of the temporomandibular (jaw or craniomandibular) joint. Such surgical treatment (including arthroscopy) will be covered provided it is Medically Necessary, recommended by the Enrollee's Participating Primary Care Physician and approved in advance by the Plan. The Plan reserves the right to obtain a second opinion by a physician of its own choosing. Benefits are not 5 provided under this Section for dental treatments, services or supplies including, but not limited to orthodontics, splints, positioners, dental x- rays, extraction of teeth, and selective grinding of the teeth. (See Section IV) . LG\mASOCFSB2.UfF691 2A-16 III . EMERGENCY AND URGENT SERVICES A. IN GENERAL 1. Emergency care services must be secured by the Enrollee immediately after the onset of the medical condition, or as soon thereafter as is possible, but not later than twenty-four (24) hours after the first appearance of symptoms of illness or forty-eight (48) hours after an accident. Heart attacks, cardiovascular accidents, poisoning, loss of consciousness or respiration, convulsions, severe bleeding and broken bones are examples of true Medical Emergencies. 2 . Emergency and urgent services are subject to the Plan's retrospective review for determination of whether an acute condition or incident requiring immediate, emergency or urgent care existed. If the Plan determines that no need for emergency or urgent care existed, the Enrollee will be responsible for payment of all charges incurred for such care, subject to Employer' s complaint resolution procedure. B. WITHIN THE DEFINED AREA Inside the Defined Area, the Enrollee, or someone acting on behalf of the Enrollee, is required to contact the Enrollee's Participating Primary Care Physician for ?'l, LG\mASOCF•SB2.DTF691 2A-17 advice. If it is not reasonably possible to contact the Enrollee ' s Participating Primary Care Physician at the time (such as that of a life threatening emergency) , the Enrollee, or someone acting on behalf of the Enrollee, shall notify the Plan within forty-eight (48) hours of the emergency, or if not possible within forty-eight (48) hours, as soon as it is reasonably possible. Upon receipt of notification, the Plan will coordinate the transfer of the patient to the care of the Enrollee's Participating Primary Care Physician when medically prudent to do so. Coverage for treatment for Medical Emergencies within the Defined Area by non-participating providers is limited to the care required before the Enrollee can, without medically harmful or injurious consequences, be treated by a Participating Physician or Participating Hospital. C. OUTSIDE THE DEFINED AREA Services are available while outside the Defined Area provided that such Services are of an emergency or urgent nature and cannot be postponed until the Enrollee is able to return to the Defined Area to obtain treatment from a Participating Physician. All continuing or follow-up treatment shall be provided only within the Defined Area and shall be subject to all the provisions of this Plan. To constitute a covered out-of-area service, the Plan must make the following determinations: LGVwASOCF-SB2.DIF691 2A-18 ✓ :, 1. onset of the acute illness or injury must have been sudden and unexpected; 2 . the Enrollee must not have been able to return to the Defined Area to receive treatment from the Enrollee's Participating Primary Care Physician; 3 . the treatment must have been Medically Necessary. The Plan shall pay the Enrollee or arrange to pay the Non- Participating Hospital (s) or Non-Participating Physician(s) directly. The payment shall be at the prevailing rate, subject to any required Copayments. (!k,D# Covered services include ambulance transportation, provided it is Medically Necessary and appropriate. At the time of the emergency, the Enrollee, or someone acting on behalf of the Enrollee, shall make every reasonable effort to notify the Plan. If it is not reasonably possible to notify the Plan at that time, the Enrollee, or someone acting on behalf of the Enrollee, shall notify the Plan within forty-eight (48) hours of the onset of the emergency treatment or, if not possible, as soon as it is reasonably possible. Upon notification, the Plan will coordinate the transfer of the patient to the � MmASOCF•SBIDTF691 2A-19 1 care of the Participating Primary Care Physician within the Defined Area when medically prudent to do so. = IV. LIMITATIONS AND EXCLUSIONS FROM COVERAGE The following services and supplies, and the cost thereof, are excluded from coverage under this Plan unless specifically included by a Plan Amendment. A. Private room accommodations and special duty nursing except as provided in Section II.D(1) or unlimited hospital care except when deemed by the Plan to be appropriate for an acute level of inpatient care. B. Any service given without a prior written referral from the Enrollee's Participating Primary Care Physician, except as otherwise permitted in Sections I, II or III of this Schedule of Benefits, including annual well-woman examinations (see Section II.B(1) (a) ) . C. Treatment or evaluations required by third persons, including but not limited to those for: school, employment, flight clearance, summer camp, insurance or court ordered. D. No payments will be made for outpatient services received LG4wASOCF-SB2.DrrF691 2A-20 01 in Federal facilities or for any items or services provided in any institutions operated by any state government or agency when the Enrollee has no legal obligation to pay for such items or services. Inpatient hospital care costs incurred on behalf of U.S. Armed Forces retirees and dependents in governmental or military service-connected facilities will only be covered by the Plan if such services are preauthorized by the Plan in accordance with this Schedule of Benefits and all deductible or Copayment amounts thereunder are paid by the Enrollee. E. Care which an Enrollee receives from or through the United States Government or any of its corporations, agencies or bureaus, or from or through any State, County, City or any political subdivision thereof, unless a charge is customarily made and services were provided in accordance with the provisions of Sections II.A-II.E. F. Cosmetic or surgical procedures are excluded except reconstructive surgery necessary to repair a functional disorder as a result of disease, injury or congenital defect. Such exclusions include, but are not limited to surgical excision or reformation of any sagging skin on any part of the body including, but not limited to the eyelids, face, neck, abdomen, arms, legs or buttocks; any LG\r.ASOCF-SH2.MF691 2A-21 services performed in connection with the enlargement, reduction, implantation or change in appearance of a portion of the body including, but not limited to, the breasts, face, lips, jaw, chin, nose, ears or genitals; hair transplantation; chemical face peels or abrasion- of the skin; electrolysis depilitation; or any other surgical or non-surgical procedures which are primarily for cosmetic purposes. The Plan reserves the right to secure a second opinion by a physician of its own choosing with respect to any case involving cosmetic or reconstructive surgery. G. Dental services and dental prostheses including dentures are excluded, except as covered in Section II.E(6) . Maxillary and mandibular osteotomies for shortening or lengthening of the jaw are excluded. Benefits for Medically Necessary diagnosis and/or surgical treatment of temporomandibular joint syndrome are strictly limited to those provided in Section II.E(7) . All other hospitalization, anesthesiology or other services relating to dental work are excluded. H. Custodial, respite or domiciliary care. I. Services and appliances for the correction of vision deficiencies including, but not limited to, special LGVwASOCF•SB2.DTF691 2A-22 Q procedures such as orthoptics, vision training, vision therapy or radial keratotomy. J. Personal comfort and convenience items or services including, but not limited to, care kits provided on admission to a hospital, TV's and telephones. K. Whole blood or blood components and any related replacement fees. L. Surgery or other procedures, treatments or services for obesity including, but not limited to, gastric intestinal bypass surgery. MY. p M. Sex change surgery including medical or psychological counseling and hormonal therapy in preparation or subsequent to any such surgery. N. Reversal of voluntary sterilization, gamete intra- fallopian transfer, any fees relating to donor sperm, menotropins (e.g. , pergonal) or related drug therapy, surrogate parenting fees and in-vitro fertilization. O. Acupuncture, naturopathy and hypnotherapy. P. Inpatient mental health. Treatment for mental °.'� LG4wASOCFSB2.DTF691 2A-23 retardation, mental deficiency, or other forms of senile deterioration, such as Alzheimer' s Disease. Q. Outpatient mental health services for chronic conditions including, but not limited to, treatment for mental retardation, mental deficiency or other forms of senile deterioration, such as Alzheimer' s Disease. R. Heart transplants and all organ transplants, except Medically Necessary kidney transplants, corneal transplants, and liver transplants for children with biliary atresia. All donor expenses are excluded. S. Bone marrow transplants, except for aplastic anemia, leukemia, severe combined immunodeficiency disease, and Wiskott-Aldrich syndrome. All donor expenses are excluded. T. Any procedure or treatment that is deemed by the Plan to be experimental or any procedure, medication or treatment that is used for a non-FDA approved indication. U. Care for conditions that federal, state or local law requires to be treated in a public facility, or while in the custody of legal authorities. V. Services payable under Workers ' Compensation, black lung LG\rwASOCF-SB2.DTF691 2A-24 benefits or a government program to the extent that such services are covered under Workers ' Compensation or similar laws. W. Routine foot care such as hygienic care. Treatment for flat feet, removal of corns or calluses; corrective orthopedic shoes, arch supports, orthotics. X. All splints and braces not used for urgent or emergency treatment including, but not limited to, those used for preventive purposes. Y. All durable medical equipment. Z . Consumables or disposable supplies purchased by the Enrollee on an outpatient basis, or purchased by or given to the Enrollee upon discharge from a Hospital including, but not limited to, sheaths, bags, elastic garments, syringes, needles, blood or urine testing supplies, ostomy bags, home testing kits, vitamins, dietary supplements and/or replacements, non-rigid appliances and supplies. AA. Occupational and educational testing and therapy. BB. Long-term rehabilitation therapy. Long-term means treatment in excess of sixty (60) consecutive calendar 41' LG\mAS0CF-SB2.DTF691 2A-25 r days per illness or event. CC. Replacement, repair or routine periodic maintenance of prosthetic devices. DD. Mechanical organ replacement devices (including, but not limited to, artificial heart) . EE. All prostheses not covered under Section II.E. 4 (including, but not limited to, penile prostheses) and services associated with the insertion of any excluded prosthetic device. FF. Speech and hearing therapy, including hearing aids. GG. Outpatient prescription drugs and hospital discharge or take home drugs, except where specifically covered by Amendment to the Plan. HH. Charges for pregnancy and subsequent delivery, including cesarean sections which are planned or scheduled or performed only because of previous cesarean section, which occur outside of the Defined Area and within thirty (30) days of the due date specified by the Enrollee's Sanus participating attending physician. However, Complications of Pregnancy, as defined below, will be covered as any LG\mAS0CF-se2.DrF691 2A-26 other illness. j� For the purpose of this limitation, "Complications of Pregnancy" means: (1) conditions requiring hospital confinement (when the pregnancy is not terminated) , whose diagnoses are distinct from pregnancy but are adversely affected by pregnancy or are caused by pregnancy, such as acute nephritis, nephrosis, cardiac decompensation, missed abortion, and similar medical and surgical conditions of comparable severity, but shall not include false labor, occasional spotting, physician prescribed rest during the period of pregnancy, morning sickness, hyperemesis gravidarum, pre-eclampsia, and similar conditions associated with the management of a difficult pregnancy not constituting a nosologically distinct complication of pregnancy; and (2) non-elective cesarean section (emergency/urgent, except as specified above) , termination of ectopic pregnancy, and spontaneous termination of pregnancy, occurring during a period of gestation in which a viable birth is not possible. II. All anti-smoking treatment and programs including, but not limited to, tobacco abuse and smoking cessation programs. V. MAXIMUM COPAYMENTS '`� MrwASOCF-SBIUM91 2A-27 The maximum amount of Copayment for the Basic Plan Benefits covered by this Schedule of Benefits in any calendar year will not exceed $650 for any Enrollee, or $1, 500 for a covered employee and his Dependents. The maximum amount of Copayments for each calendar year shall be determined by applying Copayments relating to Basic Plan Benefits only, and shall not take into account any Copayments pertaining to any Plan Amendment. look MrWASOCFSBIE TF691 2A-28 ,' "' EXHIBIT 2 PART A (Cont' d) PLAN AMENDMENT PRESCRIPTION DRUGS The benefits described in this Amendment are added to Part A of the Plan. All provisions of Part A of the Plan apply to this Amendment, except as modified herein. The Copayments described in this Amendment do not apply toward fulfillment of the maximum Enrollee Copayment limit per year specified in the Plan. A. Definitions 1. "Prescription Drugs" means any drugs and/or medications that require a prescription written by a duly licensed physician or dentist. 2 . "Designated Mail Service Pharmacy" means Express Scripts, P.O. Box 27667, St. Louis, MO. 63146. 3 . "Participating Pharmacy" means a pharmacy, other than the Designated Mail Service Pharmacy, that has contracted with SANUS to provide Prescription Drugs to Enrollees covered under the Plan as hereby amended. 4 . "Brand Name Prescription Drug" means the unique trade name which a manufacturer assigns to a Prescription Drug and which, when dispensed, can only be the Prescription Drug " _�� MiwASOCF-SBIDTF691 2A-29 bearing such manufacturer' s trade name. 5. "Generically Equivalent Prescription Drug" means a Prescription Drug which is pharmaceutically equivalent and therapeutically equivalent to a Brand Name Prescription Drug. B. In General 1. Enrollees will be provided with Generically Equivalent Prescription Drugs by the Designated Mail Service Pharmacy or a Participating Pharmacy when permitted by the licensed Physician or Dentist and by state law. 2 . Enrollees will utilize the services of the Designated Mail Service Pharmacy by mailing the prescription or refill ordered by a Participating Physician or Participating Dentist in a pre-addressed envelope to: Express Scripts P.O. Box 27667 St. Louis, MO 63146 3 . Use of the Designated Mail Service Pharmacy is at the Enrollee's option. 4 . Except in cases of Medical Emergency occurring outside of the Defined Area and except to the extent that an Enrollee has not yet fulfilled his deductible, an Enrollee must obtain a prescription from a Participating Physician or Participating Dentist and have it filled by a Participating Pharmacy or the Designated Mail Service Pharmacy. Participating Pharmacies are listed in the LG\rwASOCF-SB2.UTF691 2A-30 directory provided to Enrollees by SANDS. C. Covered Items 1. Federal legend Prescription Drugs and Prescription Drugs which may only be dispensed by written prescription under state law. 2 . Compounded medications of which at least one ingredient is a prescription legend drug and which is provided for a Food and Drug Administration ("FDA") approved indication. 3 . Injectable insulin and insulin syringes. 4 . Oral contraceptives, diaphragms, and cervical caps. D. Non-Covered Items 1. Drugs and medications, except insulin, which do not require a prescription whether or not a prescription has been obtained. 2 . Prescriptions written prior to the effective date of coverage. 3 . Experimental or investigational drugs including compounded medications which are not provided for an FDA approved indication. 4 . Therapeutic devices or appliances, including hypodermic needles, syringes (other than insulin syringes) , support garments and other non-medical substances, regardless of their intended use. 5. Blood and blood products. 6. Contraceptive devices (other than oral contraceptives, diaphragms, and cervical caps) . .� LG\rwASOCF-SB2.DrrF691 2A-31 7 . Prescriptions which an eligible Enrollee is entitled to receive without charge from any Workers ' Compensation laws from any municipal, state or federal program. 8 . Blood or urine testing devices including, but not limited to clinitest, acetest, and dextrostix. 9. Medications used to suppress appetite (e.g. diet medication) . 10. Antismoking aids (e.g. nicorette gum) . 11. Injectables other than injectable insulin. 12. Drugs and medications prescribed for a cosmetic purpose, including, but not limited to, topic minoxidil or Retin A. 13 . Allergy sera and allergy testing materials. 14 . Prescriptions filled at or by non-Participating Pharmacies, except in cases of Medical Emergency occurring outside of the Defined Area. 15. Prescriptions written by a non-Participating Physician (except in cases of Medical Emergency occurring outside of the Defined Area) . 16. Hemofil M, Factor VIII or any other blood product or derivative. E. Copayments 1. There are no Copayments required of the Enrollee when using the Designated Mail Service Pharmacy to obtain the quantity of Prescription Drugs specified in Paragraph G. 1 of this Amendment. 2 . There is a two dollar ($2 . 00) Copayment, payable to LG\mASOCF-SB2.DTF691 2A-32 Express Scripts, required for each prescription or refill ordered from the Designated Mail Service Pharmacy to obtain the quantity of Prescription Drugs specified in Paragraph G. 2 of this Amendment. 3 . There is a two dollar ($2 . 00) Copayment required for each prescription or refill when the Enrollee obtains covered Generically Equivalent Prescription Drugs from a Participating Pharmacy, after meeting deductible. 4 . There is a seven dollar ($7. 00) Copayment required for each prescription or refill when the Enrollee obtains covered Brand Name Prescription Drugs from a Participating Pharmacy, after meeting the deductible. F. Deductibles There is a seventy-five dollar ($75. 00) deductible per Enrollee per calendar year, which must be met on non-mail service prescriptions prior to an Enrollee 's receipt of benefits from a Participating Pharmacy under this Amendment. To obtain such benefits, an Enrollee must submit itemized bills equaling the amount of the deductible and containing the information set forth in items #1, 2 , 3 and 4 of Paragraph H of this Amendment. Upon such submission, an Enrollee will receive an identification card reflecting that the deductible has been met. G. Limitations 1. An Enrollee may obtain up to a 34-day supply or 100 units, whichever is less, of a Prescription Drug from a . ' .\ LGVwASOCF-SB2.DTF691 2A-33 Participating Pharmacy or the Designated Mail Service Pharmacy. 2 . The Enrollee may, at his sole option, obtain a 90-day supply or 300 units, whichever is less, of a Prescription Drug from the Designated Mail Service Pharmacy, provided Enrollee pays the Copayment specified in Paragraph E. 2 of this Amendment to the Designated Mail Service Pharmacy. H. Enrollee Reimbursement Rules If a Medical Emergency occurs outside the Defined Area and the Enrollee incurs expenses for Prescription Drugs, an itemized bill should be submitted by the Enrollee to the Plan for reimbursement. The itemized bill must contain the following information: 1. The name of the drug. 3, 2 . The date and quantity purchased. 3 . The name of the authorizing licensed physician or dentist. 4 . The name of the person for whom it was prescribed. LGkwASOCF-SB2.LTFF691 2A-34 D aa EXHIBIT 2 i PART A (Cont'd) PLAN AMENDMENT INPATIENT MENTAL HEALTH The benefits described in this Amendment are added to Part A of the Plan. All provisions of Part A of the Plan apply to this Amendment, except as modified herein. 1. In General A. Enrollees shall be entitled to additional mental health care benefits for evaluation, crisis intervention treatment or any combination thereof for Acute Conditions when such evaluation, crisis intervention or treatment is recommended by a Participating Primary Care Physician, approved in advance by the Medical Director and precertified by the Employer or Employer's Designee. B. These services rendered must be based on an Individual Treatment Plan. C. Providers of services must be licensed by the appropriate state agency or board to provide these services. D. The total benefit is limited to any combination of the following, not to exceed thirty (30) treatment days per calendar year. 1. As an inpatient in an authorized SANUS participating psychiatric facility, one (1) inpatient day equals one (1) treatment day; or LG\mASOCFSB2.M69j 2A-35 2 . As a day care patient in an authorized SANDS participating psychiatric facility, one (1) day care day equals one-half (1/2) treatment day; or 3 . As an inpatient in an authorized SANDS Participating Crisis Stabilization Unit, one (1) inpatient day equals one-half (1/2) treatment day; or 4 . As an inpatient in an authorized SANDS Participating Residential Treatment Center for Children and Adolescents, one (1) inpatient day equals one-half (1/2) treatment day. 2 . Definitions A. "Acute Conditions" means situations in which the Enrollee has a serious mental illness which substantially impairs such Enrollee 's thought, perception of reality, emotional process or judgement or grossly impairs behavior as manifested by recent disturbed behavior. B. "Day Care" means treatment of the Enrollee in an authorized SANUS participating psychiatric facility on a day-to-day basis with release of the patient at the conclusion of the treatment day, and in which no overnight stay is involved. C. "Crisis Stabilization Unit" means a 24-hour residential program that is usually short-term in nature and that provides intensive supervision and highly structured activities to persons who are demonstrating an acute LG\m-ASOCF•SB2.DPF691 2A-36 demonstrable psychiatric crisis of moderate to severe proportions. D. "Residential Treatment Center for Children and Adolescents" means a child-care institution that provides residential care and treatment for emotionally disturbed children and adolescents and that is accredited as a residential treatment center by the Council on Accreditation, the Joint Commission on Accreditation of Healthcare Organizations, or the American Association of Psychiatric services for Children. E. "Individual Treatment Plan" means a treatment plan with specific attainable goals and objectives appropriate to both the patient and the treatment modality of the program. 3 . Limitations A. Mental health services for the following diagnosed conditions are excluded: Chronic psychosis, Alzheimer' s Disease, intractable personality disorders, mental retardation, psychiatric therapy on court order or as a condition of parole or probation, and chronic organic brain syndrome. B. The benefits described in this Amendment are available when: 1. They are recommended by the Participating Primary Care Physician, approved in advance by the Medical Director and precertified by the Employer or the Employer's MmASOCF•SBIM69I 2A-37 designee. 2 . The Enrollee does not refuse to accept recommended procedures or treatment; and 3 . They are provided in an authorized SANDS participating psychiatric hospital, psychiatric facility, Crisis Stabilization Unit or Residential Treatment Center for Children and Adolescents and by a Participating Provider; and 4. The Enrollee continues to meet the SANUS criteria for continued benefits under this Amendment; and 5. The Enrollee has not reached the total benefit described in Section 1.D of this Amendment. C. Benefits for a Residential Treatment Center for Children and Adolescents or a Crisis Stabilization Unit are available only for Acute Conditions which would otherwise necessitate confinement in an authorized SANUS participating psychiatric hospital or psychiatric facility. 4 . Exclusions Benefits will not be allowed under this Amendment if treatment is provided by a non-participating provider or non- participating hospital, facility, Crisis Stabilization Unit, or Residential Treatment Center for Children and Adolescents or by a Participating Facility that is not an authorized SANUS participating psychiatric facility. 5. Copayments LG4wASOCF•SB2.DIP691 2A-38 A. A fifty percent (50%) Copayment shall be paid by the Enrollee for all services under this Amendment. B. The Copayments described in this Amendment do not apply toward fulfillment of the maximum Enrollee cost limit per calendar year specified in the Plan. LG\rwASOCF-SB2.M691 2A-39 EXHIBIT 2 PART A (Cont'd) J PLAN AMENDMENT DURABLE MEDICAL EQUIP14ENT The benefits described in this Amendment are added to Part A of the Plan subject to the limitations and Copayments described herein. All provisions of Part A of the Plan apply to this Amendment, except as modified herein. When determined to be medically necessary by a Participating Primary Care Physician and pre-approved by the Medical Director, Enrollees shall be entitled to the rental or purchase of Durable Medical Equipment (initial placement only) ; rental or purchase will be determined by Employer or Employer' s designee. "Durable Medical Equipment" means equipment which can withstand repeated use, is primarily and customarily used to serve a medical purpose, generally is not useful to a person in the absence of a sickness or injury, is appropriate and used in the home, may be used by more than one person, and does not require an individual prescription for construction. All services and devices must be obtained through a Plan participating provider. Some examples include, but are not limited to, be a standard wheelchair, crutches, walkers, orthopedic tractions, hospital beds, LG4wASOCF-SB2.DTF691 2A-40 oxygen, bedside commodes, suction machines, etc. (lengthy list maintained - HCFA Coverages Issue Manual) . The following items are among, but not limited to, those excluded: deluxe equipment such as motor driven wheelchairs and beds; comfort items; bedboards; bathtub lifts; over bed tables; air purifiers; disposable supplies; elastic stockings; sauna baths; repair, replacement or maintenance of durable medical equipment; exercise equipment; stethoscopes and sphygmomanometers; orthopedic shoes; arch supports; dentures; experimental or research items. In no event will prosthetic devices or artificial limbs be covered under this Amendment. HEARING AIDS { Part A of this Plan will cover medically necessary diagnosis of hearing deficiencies including audiometry and initial placement of necessary hearing aid device(s) . Part A of this Plan will also cover one (1) audiogram per year, if needed; one cleaning of the hearing device per year; and, replacement of the hearing device every four (4) years* if medically indicated. Replacement for loss, damage or for functional defects are not covered. All services and devices must be approved in advance by the Medical LG\i-ASOCF-ss2.M691 2A-41 4 Director and must be obtained through a Participating Provider. *Note: There are some cases of rapid deterioration of hearing loss which will necessitate hearing device replacement sooner than the four (4) year period and will be considered on an individual basis with prior approval from the Medical Director. LG\mASOCF-SB2.=691 2A-42 EXHIBIT 2 PART A (Copt 1 d) PLAN AMENDMENT PRE-EXISTING CONDITIONS The Copayments payable by an Enrollee as described in Part A of the Plan are subject to the limitations described herein. A. Definitions "Pre-existing Condition" means any medical condition known by the Enrollee to have existed or for which diagnosis was made or treatment received within the three (3) months immediately preceding the Enrollee 's effective date of coverage under the 1fa '"s Plan. A medical condition has been "diagnosed" if its existence has been identified or recognized by a Physician or other Health Professional. A medical condition has been "treated" if any services of a Physician or other Health Professional have been received with respect thereto, including, but not limited to, office visits or consultations, Hospital treatment, laboratory services, X-rays or the dispensing of prescription medication or refills. B. In addition to any other Copayment required under the Plan, each Enrollee with a Pre-existing Condition shall be required to pay an additional Copayment equal to a total of fifty LG\rwASOCFSB2.DTF691 2A-43 percent (50%) of the cost of Treatment (which shall include all applicable Copayments specified in the Schedule of Benefits for such Treatment) with respect to such Pre-existing Condition until such time as the Enrollee has been continuously enrolled for a period of twelve (12) months under this Plan and/or under another Plan with Sanus immediately proceeding this Plan; provided that any uninterrupted and consecutive-day hospitalization begun prior to the expiration of said twelve (12) month period shall be deemed to be a continuous confinement subject to the aforesaid Pre-existing Condition Copayments. C. The maximum amount of additional Copayment for a Pre-existing Condition during this twelve (12) month period will not exceed $800 for any such Enrollee or Dependent or $3 , 000 total for such Enrollee and his Dependents. Copayments payable pursuant to Section B of this Amendment shall not be included in, and are in addition to, the maximum amount of Copayment for Part A Benefits. LG4wASOCF•SB2.DTF691 2A-44 EXHIBIT 3 PART A GROUP MEMBERSHIP SERVICE AGREEMENT AS ADMINISTERED BY SANUS TEXAS HEALTH PLAN Your Employer certifies that, subject to the terms and conditions of the Benefit Plan and, more particularly, to the terms and conditions of this Part A, you are covered for the benefits described herein. This Exhibit is subject to the terms and conditions of the Group Membership Service Agreement as set forth in Exhibit I, Part A, pages 1A-1 to 1A-50 herein. �'� LG4-ASO+/FW-3A.DTF691 3A-1 EXHIBIT 3 i PART A (Cont'd) SCHEDULE OF BENEFITS Enrollees are entitled to receive the services and benefits set forth in this Schedule of Benefits which are Medically Necessary and are provided, ordered, prescribed or authorized by the Enrollee's Participating Primary Care Physician subject to the limitations, exclusions, Copayments and deductibles specified. I. ROUTINE MEDICAL AND HEALTH SERVICES , WHEN COVERED Except in the case of a Medical Emergency, services are covered only under the following conditions: A. Each Enrollee must select a Participating Primary Care Physician, from the directory, who will be responsible for the Enrollee's health needs, including coordination of out-of-area services and specialist referrals. B. To be covered under the Plan, all services must be provided, directed or authorized by the Enrollee ' s Participating Primary Care Physician at a Participating Facility. When the Enrollee requires care by another LG\YW ASOCF-SB3.DfF691 3A-2 Participating Physician, Participating Hospital , Participating Chemical Dependency Treatment Facility or other Participating Health Professional, the Enrollee 's Participating Primary Care Physician will make a written referral to such Participating Physician, Participating Hospital, Participating Chemical Dependency Treatment Facility or Participating Health Professional. The only exception is the well-woman examination provided for in Section II.B (1) (a) , or as otherwise expressly provided. The Plan will not pay for visits to any Physicians, Hospitals, chemical dependency treatment facilities or Health Professionals that have not been authorized in writing by the Enrollee 's Participating Primary Care 1 Physician and, when appropriate, approved in advance by the Plan. The Enrollee 's Participating Primary Care Physician will be responsible for reviewing, coordinating and following up on any specialty or hospital course of treatment. C. The Enrollee's Participating Primary Care Physician may make referrals only to Participating Physicians, Participating Hospitals, Participating Chemical Dependency Treatment Facilities and other Participating Health Professionals who have signed participating provider agreements with Sanus. The Enrollee ' s Participating Primary Care Physician may make referrals �. , LG\r.ASOCF-SB3.DTF691 3A-3 to Non-Participating Physicians and Non-Participating Hospitals and Health Professionals when such services cannot be provided by another Participating Provider. Such referrals must be in writing and approved in advance by Sanus as the administrator of the Plan. D. Participating Specialist Physicians may make further referrals to other Physicians, Hospitals, Participating Chemical Dependency Treatment Facilities and Health Professionals. In each case, they must receive the concurrence of the Enrollee 's Participating Primary Care Physician and follow the same referral procedures set out in paragraphs B and C above. E. When a Participating Physician determines that an Enrollee requires admission to a Participating Hospital, the physician must obtain precertification from the Plan. Length of stay will be determined by medical necessity and monitored to assure that appropriate care is rendered in the appropriate setting. MmASOU-SBIUM91 3A-4 II. ROUTINE MEDICAL BENEFITS, HEALTH BENEFITS AND COPAYMENTS: Ila Services Required Copayments A. OUTPATIENT SERVICES 1. Office visits for diagnosis and $10 per visit. treatment of illness or injury. a. Laboratory services. None in lab facility. b. Diagnostic and therapeutic None in radiology radiological services in facility. support of other covered benefits and services. C. Surgical procedures in a $10 per visit. Participating Physician's office. (See Section II.C(1) ) . d. Administered drugs, $10 per visit. medications, injectibles, biologicals, fluids, radioactive materials, dressings, casts, and crutches; splints and braces which are used for urgent or emergency treatment. (See Sections IV.W and IV.Y) e. Obstetrical care, including $10 per visit. pre-natal and post-natal services. 2 . Medically Necessary short-term $10 per visit. outpatient rehabilitation (i.e. , physical therapy) services for acute conditions which are recommended by the Enrollee's Participating Primary Care Physician and approved in advance by the Plan. The acute condition must be subject to significant improvement through short-term therapy. Short-term is defined as up to sixty (60) consecutive LG\mASOCF•SB3.DTF691 3A-5 T Services Required Copayments days per medical condition, including treatment received as an inpatient under Section II.D(2) . The total of outpatient and inpatient rehabilitative services shall not exceed sixty (60) consecutive days per medical condition, beginning with the first date of treatment. 3 . Medically necessary outpatient $175 for each surgery or same day surgery services, in a Hospital including anesthesia, which are outpatient unit, day recommended by the Enrollee 's surgery unit or Participating Primary Care Ambulatory Surgical Physician and approved in Center. (See Section advance by the Plan. The Plan II.C(1) ) . reserves the right to obtain a second opinion by a Physician of its own choosing. 4 . Participating Physician $10 for each physician services rendered in an home visit. Enrollee's home. 5. Allergy testing by a $25 per testing visit. Participating SANDS allergy $10 per visit (all specialist. (Allergy others) injections and serum are not covered. ) 6. Mental health services (non- $25 for each 50 minute chronic acute conditions only; visit. see Section IV.Q) . When recommended by the Enrollee's Participating Primary Care Physician and approved in advance by the Plan, up to twenty (20) fifty (50) minute office visits per calendar year to a participating psychiatrist, participating psychologist or participating LG4wASOCFSB3.=691 3A-6 Services Required Copayments mental health professional are provided for evaluation or crisis intervention mental health services. 7. Chemical Dependency - Necessary $10 per visit. (No outpatient treatment for Copayment for aftercare Chemical Dependency is provided maintenance visits) on the same basis and is subject to the same limita- tions, exclusions and Copayments as treatment for physical illness generally. All treatment must be recommended by the Enrollee' s Participating Primary Care Physician and pre-authorized by the Plan, and all care must be provided by a Participating Chemical Dependency Treatment ' Facility. B. PREVENTIVE HEALTH SERVICES 1. Periodic health assessments, None. pediatric well-baby care and routine immunizations when deemed Medically Necessary by the Enrollee' s Participating Primary Care Physician. The schedule and extent of such health assessments shall be determined by the Enrollee' s Participating Primary Care Physician. Immunizations are given and covered in accordance with accepted medical practice for certain common communicable diseases including diphtheria, pertussis, measles, mumps, rubella, poliomyelitis and tetanus. -`� LGVwASOCF-SB3.DTF691 3A-7 F` services Required Copayments 2 . Annual Well Woman-Exam. Female None. Enrollees may elect to have a gynecological and related examination, including Pap smear, performed once every twelve (12) months by the Enrollee's Participating Primary Care Physician or any Sanus Participating Obstetrician/Gynecologist or Gynecologist offering such examination. NOTE: No Participating Primary Care Physician referral is needed for this exam. However, referrals are still required for other gynecological procedures. 3 . Routine vision, speech and None. hearing screening through 17 years of age to determine the need for correction; not to include refraction eye exams, testing or fitting for hearing aids. C. FAMILY PLANNING 1. Family planning services on a $10 per visit plus: IUD voluntary basis to include $25 for insertion or history, physical examination, removal; Diaphragm $25; related laboratory tests and Vasectomy $25; Elective medical supervision in tubal ligation $25; accordance with generally (See Section II.A( 3 ) ) accepted medical practice; information and counseling on contraception, including advice on or prescription for a contraceptive method. LGVwASOCF-SB3.DTF691 3A-8 services Required Copayments 2 . Infertility services on a $10 per visit. voluntary basis. Diagnostic 50% for each artificial testing services to determine insemination service. the cause of infertility are covered. Artificial insemination (patient's spouse's sperm only) is covered. All infertility services require pre-certifi- cation from the Plan. (See Section IV.N) D. INPATIENT SERVICES Medically Necessary Inpatient Hospital Services. An Enrollee is entitled to receive the inpatient hospital services set forth in this Section, subject to all 1t`F definitions, terms and conditions in this Plan and its attachments. Except as otherwise provided in Section III, these services will be available only in the Defined Area and only if performed, prescribed, arranged for, directed or authorized by the Enrollee's Participating Primary Care Physician at a Participating Facility. All non-emergency hospitalization must be approved in advance by the Plan. The Plan reserves the right to obtain a second opinion by a Physician of its own choosing. 1. Inpatient hospital services Medical or Surgical: are those provided by $275 per admission. Participating Hospitals within Obstetrical (including the Defined Area. Inpatient Therapeutic abortions) hospital services for the Mother: $275 * LG\mASOCFSB3.UU691 3A-9 Services Required Copayments treatment of illness or injury Child: $275 including but not limited to: semi-private room and board; special diets when Medically Necessary; use of operating room and related facilities; special care unit and services; x-ray, laboratory and other diagnostic tests; drugs, medications, biologicals, anesthesia and oxygen services; physical therapy, radiation therapy and inhalation therapy; and administration of whole blood or blood products. (See Section IV.K) . Special duty nursing shall be provided only when Medically Necessary (i.e. , in the absence of an intensive care unit) , when recommended by the Enrollee's Participating' Primary Care Physician and approved in advance by the Plan. Private room coverage shall be provided only in cases of medical necessity (i.e. , isolation due to infectious diseases) . The Enrollee may elect private room accommodations for other than the above stated reason. In such cases, the Enrollee is responsible for the direct payment of the difference to the Hospital. NOTE: Following discharge by the Physician responsible for the Enrollee's care while the Enrollee is hospitalized, an Enrollee remaining in the Hospital beyond the LGVwASOCFSB3.DTF691 3A-10 Services Required Copayments Hospital 's discharge time is responsible for direct payment of additional charges to the Hospital. The Plan is not responsible or financially liable for such additional payments. 2 . Rehabilitation Services. $275 per admission. Medically Necessary short-term inpatient rehabilitation (i.e. , physical therapy) services at a Participating Facility for acute conditions which are recommended by the Enrollee 's Participating Primary Care Physician and approved in MPI advance by the Plan. This acute condition must be subject to significant improvement through short-term therapy. Short-term is defined as up to sixty (60) consecutive days per medical condition which includes services received as an outpatient under Section II.A(2) . Such services shall not be approved on an inpatient basis unless other acute medical care is to be provided. The total of inpatient and outpatient rehabilitative services shall not exceed sixty (60) consecutive days per medical condition, beginning with the first date of treatment. 3 . Inpatient services in a $25 per day. Participating Skilled Nursing Facility. When recommended by MmASOCF-SBIUrF691 3A-11 r Services Required Copayments a Participating Primary Care Physician and approved in advance by the Plan, an Enrollee shall be able to receive short-term inpatient treatment at a participating Skilled Nursing Facility when acute care hospitalization is not appropriate. NOTE: Skilled nursing care is not covered when provided for conditions of senile deterioration, Alzheimer's Disease, mental retardation or mental illness. Private duty nursing services, private room accommoda- tions, personal or comfort items and other , articles not specifi- cally necessary for treatment of illness or injury are excluded. Short-term is defined as up to sixty (60) days per medical condition. 4. Chemical Dependency. Necessary $275 per admission. inpatient care and treatment for Chemical Dependency is provided on the same basis and subject to the same limitations, exclusions and Copayments as treatment for physical illness generally. All treatment must be recommended by the Enrollee's Participating Primary Care Physician and pre-authorized by the Plan, and all care must be provided by a Participating Chemical Dependency Treatment MrWASOCFSBIUM691 3A-12 Services Required Copayments Facility. E. OTHER SERVICES 1. Home Health Care Services. $10 per visit. Medically necessary home health care services are available only in the Defined Area when provided by a Sanus participating home health care agency, and are specifically limited to short-term intermittent skilled visits. Such services must be recommended by the Enrollee's Participating Primary Care Physician and approved in advance by the Plan. Short- term is defined as up to sixty (60) consecutive days per F medical condition, beginning on the date when the first such visit occurs. 2 . Emergency Services: a. Hospital Emergency Room. $40 Copayment for each visit. (Charge waived if admission occurs at the time of emergency room visit) . b. Outpatient Emergency Care $20 Copayment for each Center visit. C. Physician offices operating $20 Copayment for each after hours as emergency visit. centers, office visit to a Physician outside normal office hours or urgent visits to a Physician covering for the Enrollee's Participating Primary Care Physician. /;'.� LG\rwASOCF-SB3.Dn691 3A-13 Services Required Copayments d. Emergency ambulance None. service. 3 . Ambulance Services. Medically None. Necessary ambulance service to the nearest medical facility capable of providing Emergency Care, or Medically Necessary non-emergency ambulance service when authorized in advance by the Plan. 4 . Prosthetic Devices. Initial None. external standard prosthetic medical appliances and limbs are covered when due to an acute illness or injury. External prosthetic appliances which are covered are: artificial arms, legs, eyes or permanent lenses; above or below knee or elbow prostheses; external cardiac pacemaker; and terminal devices such as hand or hook. Internal prosthetic devices covered are: permanent aids and supports for defective parts of the body such as prosthetic cardiac valves, internal pacemakers and minor devices such as screw nails, sutures and wire mesh. All other prosthetic medical appliances, including items described in Section IV, are excluded. In questions of medical necessity, a second opinion may be requested by the Plan and is binding. (See Sections IV.BB, IV.CC, and IV.DD) 5. Blood and Blood Products. None. Administration only. (See LG4wASOCF-SB3.DTF691 3A-14 Services Required Copayments Section IV.K) 6. Dental Services a. Short-term, limited dental None. services for the following which result from an accidental non-occupational trauma or injury to healthy, natural teeth: Initial care and short-term treatment (up to 60 consecutive days) is covered provided (1) such accident occurred and services are performed during the term of coverage hereunder, (2) the Enrollee seeks initial treatment within forty-eight (48) hours of such accidental trauma or injury, and (3) all subsequent treatment after such initial emergency treatment is authorized by the Enrollee's Participating Primary Care Physician, approved in advance by the Plan and performed by a participating dentist. Injuries sustained by reason of mastication (i.e. , chewing or biting down) are excluded. b. Treatment of fracture, dis- location or malignant tumors of the jaw is provided on the same basis and is subject to the same limitations, exclusions and Copayments as for physical illness generally. ` LGVwASOCF•SB3.M691 3A-15 t< Services Required Copayments 7 . Temporomandibular Joint Subject to the Syndrome Benefits. Medically applicable Copayments Necessary (non-dental, non- specified in Section cosmetic) diagnostic and/or II. surgical treatment of the temporomandibular (jaw or craniomandibular) joint. Such surgical treatment (including arthroscopy) will be covered provided it is Medically Necessary, recommended by the Enrollee's Participating Primary Care Physician and approved in advance by the Plan. The Plan reserves the right to obtain a second opinion by a physician of its own choosing. Benefits are not provided under this Section for dental treatments, services or supplies including, but not limited to orthodontics, splints, positioners, dental x- rays, extraction of teeth, and selective grinding of the teeth. (See Section IV) . LG\mASOCF-SB3.DTF691 3A-16 III . EMERGENCY AND URGENT SERVICES A. IN GENERAL 1. Emergency care services must be secured by the Enrollee immediately after the onset of the medical condition, or as soon thereafter as is possible, but not later than twenty-four (24) hours after the first appearance of symptoms of illness or forty-eight (48) hours after an accident. Heart attacks, cardiovascular accidents, poisoning, loss of consciousness or respiration, convulsions, severe bleeding and broken bones are examples of true Medical Emergencies. 2. Emergency and urgent services are subject to the Plan's retrospective review for determination of - whether an acute condition or incident requiring immediate, emergency or urgent care existed. If the Plan determines that no need for emergency or urgent care existed, the Enrollee will be responsible for payment of all charges incurred for such care, subject to Employer's complaint resolution procedure. B. WITHIN THE DEFINED AREA Inside the Defined Area, the Enrollee, or someone acting on behalf of the Enrollee, is required to contact the Enrollee's Participating Primary Care Physician for "= LG4wASOCF-SB3.DTF691 3A-17 advice. If it is not reasonably possible to contact the AOIL Enrollee 's Participating Primary Care Physician at the time (such as that of a life threatening emergency) , the Enrollee, or someone acting on behalf of the Enrollee, shall notify the Plan within forty-eight (48) hours of the emergency, or if not possible within forty-eight (48) hours, as soon as it is reasonably possible. Upon receipt of notification, the Plan will coordinate the transfer of the patient to the care of the Enrollee ' s Participating Primary Care Physician when medically prudent to do so. Coverage for treatment for Medical Emergencies within the Defined Area by non-participating providers is limited to the care required before the Enrollee can, without medically harmful or injurious consequences, be treated by a Participating Physician or Participating Hospital . C. OUTSIDE THE DEFINED AREA Services are available while outside the Defined Area provided that such Services are of an emergency or urgent nature and cannot be postponed until the Enrollee is able to return to the Defined Area to obtain treatment from a Participating Physician. All continuing or follow-up treatment shall be provided only within the Defined Area and shall be subject to all the provisions of this Plan. LG\mAS0CF-SB3.Dn691 3A-18 r,k., To constitute a covered out-of-area service, the Plan must make the following determinations: 1. onset of the acute illness or injury must have been sudden and unexpected; 2 . the Enrollee must not have been able to return to the Defined Area to receive treatment from the Enrollee's Participating Primary Care Physician; 3 . the treatment must have been Medically Necessary. The Plan shall pay the Enrollee or arrange to pay the Non- Participating Hospital (s) or Non-Participating Physician(s) directly. The payment shall be at the prevailing rate, subject to any required Copayments. Covered services include ambulance transportation, provided it is Medically Necessary and appropriate. At the time of the emergency, the Enrollee, or someone acting on behalf of the Enrollee, shall make every reasonable effort to notify the Plan. If it is not reasonably possible to notify the Plan at that time, the Enrollee, or someone acting on behalf of the Enrollee, shall notify the Plan within forty-eight (48) hours of the onset of the emergency treatment or, if not possible, as ~:� LGVwASOCF-SB3.DTF691 3A-19 soon as it is reasonably possible. Upon notification, the Plan will coordinate the transfer of the patient to the care of the Participating Primary Care Physician within the Defined Area when medically prudent to do so. IV. LIMITATIONS AND EXCLUSIONS FROM COVERAGE The following services and supplies, and the cost thereof, are excluded from coverage under this Plan unless specifically included by a Plan Amendment. A. Private room accommodations and special duty nursing except as provided in Section II.D(1) or unlimited hospital care except when deemed by the Plan to be appropriate for an acute level of inpatient care. B. Any service given without a prior written referral from the Enrollee's Participating Primary Care Physician, except as otherwise permitted in Sections I, II or III of this Schedule of Benefits, including annual well-woman examinations (see Section II.B(1) (a) ) . C. Treatment or evaluations required by third persons, including but not limited to those for: school, employment, flight clearance, summer camp, insurance or court ordered. LGVwASOCFSB3.ErrF691 3A-20 s' D. No payments will be made for outpatient services received in Federal facilities or for any items or services provided in any institutions operated by any state government or agency when the Enrollee has no legal obligation to pay for such items or services. Inpatient hospital care costs incurred on behalf of U.S. Armed Forces retirees and dependents in governmental or military service-connected facilities will only be covered by the Plan if such services are preauthorized by the Plan in accordance with this Schedule of Benefits and all deductible or Copayment amounts thereunder are paid by the Enrollee. E. Care which an Enrollee receives from or through the United States Government or any of its corporations, agencies or bureaus, or from or through any State, County, City or any political subdivision thereof, unless a charge is customarily made and services were provided in accordance with the provisions of Sections II.A-II.E. F. Cosmetic or surgical procedures are excluded except reconstructive surgery necessary to repair a functional disorder as a result of disease, injury or congenital defect. Such exclusions include, but are not limited to surgical excision or reformation of any sagging skin on any part of the body including, but not limited to the LG4wASOCFSB3.DU691 3A-21 eyelids, face, neck, abdomen, arms, legs or buttocks ; any services performed in connection with the enlargement, reduction, implantation or change in appearance of a portion of the body including, but not limited to, the breasts, face, lips, jaw, chin, nose, ears or genitals; hair transplantation; chemical face peels or abrasion of the skin; electrolysis depilitation; or any other surgical or non-surgical procedures which are primarily for cosmetic purposes. The Plan reserves the right to secure a second opinion by a physician of its own choosing with respect to any case involving cosmetic or reconstructive surgery. G. Dental services and dental prostheses including dentures are excluded, except as covered in Section II.E(6) . Maxillary and mandibular osteotomies for shortening or lengthening of the jaw are excluded. Benefits for Medically Necessary diagnosis and/or surgical treatment of temporomandibular joint syndrome are strictly limited to those provided in Section II.E(7) . All other hospitalization, anesthesiology or other services relating to dental work are excluded. H. Custodial, respite or domiciliary care. LGVwASOCF-SB3.DTF691 3A-22 I . Services and appliances for the correction of vision c, deficiencies including, but not limited to, special procedures such as orthoptics, vision training, vision therapy or radial keratotomy. J. Personal comfort and convenience items or services including, but not limited to, care kits provided on admission to a hospital, TV's and telephones. K. Whole blood or blood components and any related replacement fees. L. Surgery or other procedures, treatments or services for obesity including, but not limited to, gastric intestinal bypass surgery. M. Sex change surgery including medical or psychological counseling and hormonal therapy in preparation or subsequent to any such surgery. N. Reversal of voluntary sterilization, gamete intra- fallopian transfer, any fees relating to donor sperm, menotropins (e.g. , pergonal) or related drug therapy, surrogate parenting fees and in-vitro fertilization. O. Acupuncture, naturopathy and hypnotherapy. LG\mASOCF-SB3.DrrF691 3A-23 ��r P. Inpatient mental health. Treatment for mental retardation, mental deficiency, or other forms of senile deterioration, such as Alzheimer' s Disease. Q. Outpatient mental health services for chronic conditions including, but not limited to, treatment for mental retardation, mental deficiency or other forms of senile deterioration, such as Alzheimer's Disease. R. Heart transplants and all organ transplants, except Medically Necessary kidney transplants, corneal transplants, and liver transplants for children with biliary atresia. All donor expenses are excluded. S. Bone marrow transplants, except for aplastic anemia, leukemia, severe combined immunodeficiency disease, and Wiskott-Aldrich syndrome. All donor expenses are excluded. T. Any procedure or treatment that is deemed by the Plan to be experimental or any procedure, medication or treatment that is used for a non-FDA approved indication. U. Care for conditions that federal, state or local law requires to be treated in a public facility, or while in LGVwASOCF-SB3.UiF691 3A-24 the custody of legal authorities. V. Services payable under Workers ' Compensation, black lung benefits or a government program to the extent that such services are covered under Workers ' Compensation or similar laws. W. Routine foot care such as hygienic care. Treatment for flat feet, removal of corns or calluses; corrective orthopedic shoes, arch supports, orthotics. X. All splints and braces not used for urgent or emergency treatment including, but not limited to, those used for preventive purposes. Y. All durable medical equipment. Z . Consumables or disposable supplies purchased by the Enrollee on an outpatient basis, or purchased by or given to the Enrollee upon discharge from a Hospital including, but not limited to, sheaths, bags, elastic garments, syringes, needles, blood or urine testing supplies, ostomy bags, home testing kits, vitamins, dietary supplements and/or replacements, non-rigid appliances and supplies . AA. Occupational and educational testing and therapy. LG\MAS0CF•SB3.DTF691 3A-25 BB. Long-term rehabilitation therapy. Long-term means treatment in excess of sixty (60) consecutive calendar days per illness or event. CC. Replacement, repair or routine periodic maintenance of prosthetic devices. DD. Mechanical organ replacement devices (including, but not limited to, artificial heart) . EE. All prostheses not covered under Section II.E. 4 (including, but not limited to, penile prostheses) and services associated with the insertion of any excluded prosthetic device. FF. Speech and hearing therapy, including hearing aids. GG. Outpatient prescription drugs and hospital discharge or take home drugs, except where specifically covered by Amendment to the Plan. HH. Charges for pregnancy and subsequent delivery, including cesarean sections which are planned or scheduled or performed only because of previous cesarean section, which occur outside of the Defined Area and within thirty (30) days of the due date specified by the Enrollee' s Sanus LG\r.ASOCF-SB3.DrrF691 3A-26 participating attending physician. However, Complications of Pregnancy, as defined below, will be covered as any other illness. For the purpose of this limitation, "Complications of Pregnancy" means: (1) conditions requiring hospital confinement (when the pregnancy is not terminated) , whose diagnoses are distinct from pregnancy but are adversely affected by pregnancy or are caused by pregnancy, such as acute nephritis, nephrosis, cardiac decompensation, missed abortion, and similar medical and surgical conditions of comparable severity, but shall not include false labor, occasional spotting, physician prescribed rest during the period of pregnancy, morning sickness, hyperemesis F+s ravidarum g pre-eclampsia, and similar conditions associated with the management of a difficult pregnancy not constituting a nosologically distinct complication of pregnancy; and (2) non-elective cesarean section (emergency/urgent, except as specified above) , termination of ectopic pregnancy, and spontaneous termination of pregnancy, occurring during a period of gestation in which a viable birth is not possible. II. All anti-smoking treatment and programs including, but not limited to, tobacco abuse and smoking cessation programs. LG\mASOCF-SB3.DTF691 3A-27 V. MAXIMUM COPAYMENTS 77")f The maximum amount of Copayment for the Basic Plan Benefits covered by this Schedule of Benefits in any calendar year will not exceed $650 for any Enrollee, or $1, 500 for a covered Enrollee and his Dependents. The maximum amount of Copayments for each calendar year shall be determined by applying Copayments relating to Basic Plan Benefits only, and shall not take into account any Copayments pertaining to any Plan Amendment. LGVwASOCF-SB3.DTF691 3A-28 h EXHIBIT 3 PART A (Cont' d) PLAN AMENDMENT PRESCRIPTION DRUGS The benefits described in this Amendment are added to Part A of the Plan. All provisions of Part A of the Plan apply to this Amendment, except as modified herein. The Copayments described in this Amendment do not apply toward fulfillment of the maximum Enrollee Copayment limit per year specified in the Plan. A. Definitions 1. "Prescription Drugs" means any drugs and/or medications that require a prescription written by a duly licensed physician or dentist. 2. "Designated Mail Service Pharmacy" means Express Scripts, P.O. Box 27667, St. Louis, MO. 63146. 3 . "Participating Pharmacy" means a pharmacy, other than the Designated Mail Service Pharmacy, that has contracted with SANUS to provide Prescription Drugs to Enrollees covered under the Plan as hereby amended. 4 . "Brand Name Prescription Drug" means the unique trade name which a manufacturer assigns to a Prescription Drug and which, when dispensed, can only be the Prescription Drug LG\rwASOCF-SB3.DTF691 3A-29 k. bearing such manufacturer' s trade name. 5. "Generically Equivalent Prescription Drug" means a Prescription Drug which is pharmaceutically equivalent and therapeutically equivalent to a Brand Name Prescription Drug. B. In General 1. Enrollees will be provided with Generically Equivalent Prescription Drugs by the Designated Mail Service Pharmacy or a Participating Pharmacy when permitted by the licensed Physician or Dentist and by state law. 2 . Enrollees will utilize the services of the Designated Mail Service Pharmacy by mailing the prescription or refill ordered by a Participating Physician or Participating Dentist in a pre-addressed envelope to: Express Scripts P.O. Box 27667 St. Louis, MO 63146 3 . Use of the Designated Mail Service Pharmacy is at the Enrollee 's option. 4 . Except in cases of Medical Emergency occurring outside of the Defined Area and except to the extent that an Enrollee has not yet fulfilled his deductible, an Enrollee must obtain a prescription from a Participating Physician or Participating Dentist and have it filled by a Participating Pharmacy or the Designated Mail Service Pharmacy. Participating Pharmacies are listed in the MMASOCF-SBIDTF691 3A-30 directory provided to Enrollees by SANUS. C. Covered Items 1. Federal legend Prescription Drugs and Prescription Drugs which may only be dispensed by written prescription under state law. 2 . Compounded medications of which at least one ingredient is a prescription legend .drug and which is provided for a Food and Drug Administration ("FDA") approved indication. 3 . Injectable insulin and insulin syringes. 4 . Oral contraceptives, diaphragms, and cervical caps. D. Non-Covered Items 1. Drugs and medications, except insulin, which do not require a prescription whether or not a prescription has been obtained. 2 . Prescriptions written prior to the effective date of coverage. 3 . Experimental or investigational drugs including compounded medications which are not provided for an FDA approved indication. 4. Therapeutic devices or appliances, including hypodermic needles, syringes (other than insulin syringes) , support garments and other non-medical substances, regardless of their intended use. 5. Blood and blood products. 6. Contraceptive devices (other than oral contraceptives, diaphragms, and cervical caps) . a LG\r.ASOCF-SB3.DTF691 3A-31 7 . Prescriptions which an eligible Enrollee is entitled to receive without charge from any Workers ' Compensation laws from any municipal, state or federal program. 8 . Blood or urine testing devices including, but not limited to clinitest, acetest, and dextrostix. 9. Medications used to suppress appetite (e.g. diet medication) . 10. Antismoking aids (e.g. nicorette gum) . 11. Injectables other than injectable insulin. 12 . Drugs and medications prescribed for a cosmetic purpose, including, but not limited to, topic minoxidil or Retin A. 13 . Allergy sera and allergy testing materials. 14 . Prescriptions filled at or by non-Participating Pharmacies, except in cases of Medical Emergency occurring outside of the Defined Area. 15. Prescriptions written by a non-Participating Physician (except in cases of Medical Emergency occurring outside of the Defined Area) . 16. Hemofil M, Factor VIII or any other blood product or derivative. E. Copayments 1. There are no Copayments required of the Enrollee when using the Designated Mail Service Pharmacy to obtain the quantity of Prescription Drugs specified in Paragraph G. 1 of this Amendment. 2 . There is a two dollar ($2 . 00) Copayment, payable to LG\rwASOCF-SB3.DTF691 3A-32 Express Scripts, required for each prescription or refill ordered from the Designated Mail Service Pharmacy to obtain the quantity of Prescription Drugs specified in Paragraph G. 2 of this Amendment. 3 . There is a two dollar ($2 . 00) Copayment required for each prescription or refill when the Enrollee obtains covered Generically Equivalent Prescription Drugs from a Participating Pharmacy, after meeting the deductible. 4. There is a seven dollar ($7 . 00) Copayment required for each prescription or refill when the Enrollee obtains covered Brand Name Prescription Drugs from a Participating Pharmacy, after meeting the deductible. F. Deductibles There is a seventy-five dollar ($75. 00) deductible per Enrollee per calendar year, which must be met on non-mail service prescriptions prior to an Enrollee' s receipt of benefits from a Participating Pharmacy under this Amendment. To obtain such benefits, an Enrollee must submit itemized bills equaling the amount of the deductible and containing the information set forth in items #1, 2 , 3 and 4 of Paragraph H of this Amendment. Upon such submission, an Enrollee will receive an identification card reflecting that the deductible has been met. G. Limitations 1. An Enrollee may obtain up to a 34-day supply or 100 units, whichever is less, of a Prescription Drug from a �� LG\MASOCFSB3.DTF691 3A-33 Participating Pharmacy or the Designated Mail Service Pharmacy. 2 . The Enrollee may, at his sole option, obtain a 90-day supply or 300 units, whichever is less, of a Prescription Drug from the Designated Mail Service Pharmacy, provided Enrollee pays the Copayment specified in Paragraph E. 2 of this Amendment to the Designated Mail Service Pharmacy. H. Enrollee Reimbursement Rules If a Medical Emergency occurs outside the Defined Area and the Enrollee incurs expenses for Prescription Drugs, an itemized bill should be submitted by the Enrollee to the Plan for reimbursement. The itemized bill must contain the following information: 1. The name of the drug. t.; 2. The date and quantity purchased. 3 . The name of the authorizing licensed physician or dentist. 4 . The name of the person for whom it was prescribed. LGV.ASOCF•se3.UrF691 3A-34 ,�;,: EXHIBIT 3 VPART A (Coot' d) PLAN AMENDMENT INPATIENT MENTAL HEALTH The benefits described in this Amendment are added to Part A of the Plan. All provisions of Part A of the Plan apply to this Amendment, except as modified herein. 1. In General A. Enrollees shall be entitled to additional mental health care benefits for evaluation, crisis intervention treatment or any combination thereof for Acute Conditions when such evaluation, crisis intervention or treatment is recommended by a Participating Primary Care Physician, approved in advance by the Medical Director and precertified by the Employer or Employer's Designee. B. These services rendered must be based on an Individual Treatment Plan. C. Providers of services must be licensed by the appropriate state agency or board to provide these services. D. The total benefit is limited to any combination of the following, not to exceed thirty (30) treatment days per calendar year. 1. As an inpatient in an authorized SANDS participating psychiatric facility, one (1) inpatient day equals one (1) treatment day; or LG'r-ASOCF-SBIDTF691 3A-35 2 . As a day care patient in an authorized SANUS participating psychiatric facility, one (1) day care day equals one-half (1/2) treatment day; or 3 . As an inpatient in an authorized SANUS Participating Crisis Stabilization Unit, one (1) inpatient day equals one-half (1/2) treatment day; or 4 . As an inpatient in an authorized SANUS Participating Residential Treatment Center for Children and Adolescents, one (1) inpatient day equals one-half (1/2) treatment day. 2. Definitions A. "Acute Conditions" means situations in which the Enrollee has a serious mental illness which substantially impairs such Enrollee' s thought, perception of reality, emotional process or judgement or grossly impairs behavior as manifested by recent disturbed behavior. B. "Day Care" means treatment of the Enrollee in an authorized SANUS participating psychiatric facility on a day-to-day basis with release of the patient at the conclusion of the treatment day, and in which no overnight stay is involved. C. "Crisis Stabilization Unit" means a 24-hour residential program that is usually short-term in nature and that provides intensive supervision and highly structured LG\mASOCF-SB3.DTF691 3A-36 activities to persons who are demonstrating an acute demonstrable psychiatric crisis of moderate to severe proportions. D. "Residential Treatment Center for Children and Adolescents" means a child-care institution that provides residential care and treatment for emotionally disturbed children and adolescents and that is accredited as a residential treatment center by the Council on Accreditation, the Joint Commission on Accreditation of Healthcare Organizations, or the American Association of Psychiatric Services for Children. E. "Individual Treatment Plan" means a treatment plan with specific attainable goals and objectives appropriate to both the patient and the treatment modality of the program. 3 . Limitations A. Mental health services for the following diagnosed conditions are excluded: Chronic psychosis, Alzheimer's Disease, intractable personality disorders, mental retardation, psychiatric therapy on court order or as a condition of parole or probation, and chronic organic brain syndrome. B. The benefits described in this Amendment are available when: 1. They are recommended by the Participating Primary Care Physician, approved in advance by the Medical Director _ LG\twASOCF•SB3.DTF691 3A-37 �t and precertified by the Employer or the Employer' s designee; and 2 . The Enrollee does not refuse to accept recommended procedures or treatment; and 3 . They are provided in an authorized SANDS participating psychiatric hospital, psychiatric facility, Crisis Stabilization Unit or Residential Treatment Center for Children and Adolescents and by a Participating Provider; and 4 . The Enrollee continues to meet the SANUS criteria for continued benefits under this Amendment; and 5. The Enrollee has not reached the total benefit described in Section 1.D of this Amendment. C. Benefits for a Residential Treatment Center for Children and Adolescents or a Crisis Stabilization Unit are available only for Acute Conditions which would otherwise necessitate confinement in an authorized SANUS participating psychiatric hospital or psychiatric facility. 4 . Exclusions Benefits will not be allowed under this Amendment if treatment is provided by a non-participating provider or non- participating hospital, facility, Crisis Stabilization Unit, or Residential Treatment Center for Children and Adolescents or by a Participating Facility that is not an authorized SANUS participating psychiatric facility. LGU.vA50CF-SB3.DriF691 3A-38 s 5. Copayments A. A fifty percent (50%) Copayment shall be paid by the Enrollee for all services under this Amendment. B. The Copayments described in this Amendment do not apply toward fulfillment of the maximum Enrollee cost limit per calendar year specified in the Plan. LGVwASOCF-SB3.DTF691 3A-39 vy-r EXHIBIT 3 PART A (font'd) ' PLAN AMENDMENT DURABLE MEDICAL EQUIPMENT The benefits described in this Amendment are added to Part A of the Plan subject to the limitations and Copayments described herein. All provisions of Part A of the Plan apply to this Amendment, except as modified herein. When determined to be medically necessary by a Participating Primary Care Physician and pre-approved by the Medical Director, Enrollees shall be entitled to the rental or purchase of Durable Medical Equipment (initial placement only) ; rental or purchase will be determined by Employer or Employer' s designee. "Durable Medical Equipment" means equipment which can withstand repeated use, is primarily and customarily used to serve a medical purpose, generally is not useful to a person in the absence of a sickness or injury, is appropriate and used in the home, may be used by more than one person, and does not require an individual prescription for construction. All services and devices must be obtained through a Plan participating provider. Some examples include, but are not limited to, a standard wheelchair, crutches, walkers, orthopedic tractions, hospital beds, LG\mASOCFSE3.1TF691 3A-40 oxygen, bedside commodes, suction machines, etc. (lengthy list - � maintained - HCFA Coverages Issue Manual) . The following items are among, but not limited to, those excluded: deluxe equipment such as motor driven wheelchairs and beds; comfort items; bedboards; bathtub lifts; over bed tables; air purifiers; disposable supplies; elastic stockings; sauna baths; repair, replacement or maintenance of durable medical equipment; exercise equipment; stethoscopes and sphygmomanometers; orthopedic shoes; arch supports; dentures; experimental or research items. In no event will prosthetic devices or artificial limbs be covered under this Amendment. HEARING AIDS Part A of this Plan will cover medically necessary diagnosis of hearing deficiencies including audiometry and initial placement of necessary hearing aid device(s) . Part A of this Plan will also cover one (1) audiogram per year, if needed; one cleaning of the hearing device per year; and, replacement of the hearing device every four (4) years* if medically indicated. Replacement for loss, damage or for functional defects are not covered. LG4wASOCFSB3.DTF691 3A-41 i All services and devices must be approved in advance by the Medical Director and must be obtained through a Participating Provider. *Note: There are some cases of rapid deterioration of hearing loss which will necessitate hearing device replacement sooner than the four (4) year period and will be considered on an individual basis with prior approval from the Medical Director. LG\twASOCFSB3.DTF69I 3A-42 EXHIBIT 3 PART A (font'd) PLAN AMENDMENT PRE-EXISTING CONDITIONS The Copayments payable by an Enrollee as described in Part A of the Plan are subject to the limitations described herein. A. Definitions "Pre-existing Condition" means any medical condition known by the Enrollee to have existed or for which diagnosis was made or treatment received within the three (3) months immediately preceding the Enrollee' s effective date of coverage under the Plan. A medical condition has been "diagnosed" if its existence has been identified or recognized by a Physician or other Health Professional . A medical condition has been "treated" if any services of a Physician or other Health Professional have been received with respect thereto, including, but not limited to, office visits or consultations, Hospital treatment, laboratory services, X-rays or the dispensing of prescription medication or refills. B. In addition to any other Copayment required under the Plan, each Enrollee with a Pre-existing Condition shall be required to pay an additional Copayment equal to a total of fifty percent (50%) of the cost of Treatment (which shall include all applicable Copayments specified in the Schedule of Benefits for such Treatment) with respect to such Pre-existing LG4wASOCFSB3.UrF691 3A-43 Condition until such time as the Enrollee has been continuously enrolled for a period of twelve (12) months under this Plan and/or under another Plan with Sanus immediately preceding this Plan; provided that any uninterrupted and consecutive-day hospitalization begun prior to the expiration of said twelve (12) month period shall be deemed to be a continuous confinement subject to the aforesaid Pre-existing Condition Copayments. C. The maximum amount of additional Copayment for a Pre-existing Condition during this twelve (12) month period will not exceed $800 for any such Enrollee or Dependent or $3 , 000 total for such Enrollee and his Dependents. Copayments payable pursuant to Section B of this Amendment shall not be included in, and are in addition to, the maximum amount of Copayment for Part A Benefits. LG\-ASOCFSB3.DTF691 3A-44 EXHIBIT 3 PART B MAJOR MEDICAL EMPLOYER CERTIFICATION Your Employer certifies that, subject to the terms and conditions of the Benefit Plan, and, more particularly, to the terms and conditions of this Part B, you are also covered for the benefits described in this Part. When you and your dependents, if any, are enrolled under Part A, you and your dependents will also be covered under Part B. 1 Benefits are not payable under Part B for services and supplies for which you received benefits under Part A. Percentage Payments by your Employer and the applicable Deductibles under Part B are as follows: Percentage Employer pays 80% Individual Deductible $400 Family Deductible $1200 Individual Out of Pocket Limit $5, 000 Family Out of Pocket Limit $15, 000 * The Percentage Employer pays for certain SPECIAL BENEFITS is 50%. `:y LG\mAS0+/FW-3B.DTF691 3B-1 I . Definitions: Except as otherwise expressly provided or unless the context otherwise requires, the following words and phrases used in this Part B shall have the following meanings: 1. "AMBULATORY SURGICAL CENTER" means a legally operated institution which is primarily operated to provide facilities for performing surgery, and which has: a. Permanent operating rooms and all medical equipment necessary for surgery. b. A medical staff including registered nurses for patient care. The term "ambulatory surgical center" does not include a private office or clinic of one or more doctors. 2 . "BASIC BENEFITS" means the coverage for you or your dependents, if any, provided under Part A. 3 . "DOCTOR" means a licensed physician, osteopath, dentist, chiropractor, chiropodist, optometrist, podiatrist, audiologist, speech - language pathologist, certified social worker-advanced clinical practitioner, licensed dietician, or other licensed practitioner of healing art, if the following conditions are met: r'v i LG\mASO+/FW-3B.D7'F691 3B-2 a. the practitioner' s services fall within the scope . of his or her license or certification. b. in the case of services of a certified social worker-advanced clinical practitioner, the services are direct, diagnostic, preventive, or clinical ; are provided to a person whose functioning is threatened or affected by social or psychological stress or health impairment; and are professionally recommended by a doctor of medicine or doctor of osteopathy. C. in the case of services of a licensed dietician, the services are related to an injury or illness covered by the Plan; and are professionally recommended by a doctor of medicine or doctor of osteopathy whose treatment or examination for the injury or illness would be a Covered Expense. The term "doctor" includes a Christian Science Practitioner currently listed in the Christian Science Journal. 4 . "EMERGENCY CONFINEMENT" means a hospital confinement due to an Emergency Illness or accidental injury that, unless treated at once on an inpatient basis, would jeopardize 'w. MmASO+/FW-3B.DTF691 3B-3 the family member' s life, or cause serious damage or impairment to the family member's bodily functions. 5. "HOME HEALTH AGENCY" means an agency which is primarily engaged in furnishing home nursing care and other therapeutic services for persons recovering from a sickness or injury, and which is: a. Qualified for payment under the federal Medicare program; or b. Established and operated under applicable state law. 6. "HOSPITAL" means a legally operated institution which is primarily engaged in providing medical services for resident patients, and which has: a. Permanent facilities for diagnosis and major surgery. b. Continuous nursing service by registered nurses. C. Continuous supervision by a staff of doctors. However, the major surgery requirement does not apply to a hospital which primarily treats mental illness or LG4wAS0+/FW-3B.DTF691 3B-4 chronic diseases. The term "hospital" includes a Christian Science sanatorium, but does not include a nursing home, a rest home or a place for care of the aged, or drug addicts. It also includes: (1) A state-approved institution engaged in treating alcoholism and drug addiction for inpatient treatment, ordered by a doctor. (2) A Psychiatric Day Treatment Facility which (a) is a legally accredited health facility, (b) provides treatment for acute mental and nervous disorders, and (c) has a structured program using individualized treatment plans that are clinically h supervised by a certified psychiatrist. (3) A Residential Treatment Center for Children and Adolescents is a facility for child care which: (a) provides residential care and treatment for emotionally disturbed children and adolescents; and (b) is accredited as such by the Council on Accreditation, the Joint Commission on Accreditation of Hospitals, or the American Association for Psychiatric Services for Children. `N ! LG\mASO+/FW-3B.UrF691 3B-5 (4) A Crisis Stabilization Unit is a 24-hour residential program which: (a) is usually short- term in nature; and (b) provides intensive supervision and highly structured activities to persons who display an acute demonstrable psychiatric crisis of moderate-to-severe proportions. (5) An Individual Treatment Plan is a plan of treatment of a serious mental illness which has specific attainable goals and objectives appropriate to both the patient and the method of treatment. 7. "MEDICAL CARE" means medical services and supplies furnished or ordered by a doctor which are necessary for diagnosing or treating an injury, a sickness, a mental disorder or a pregnancy. 8 . "NURSING HOME" means a legally operated institution (or a distinct part of a hospital) which is engaged in providing convalescent services for sick or injured resident patients and which has: a. Continuous nursing service under the full-time supervision of a doctor or a registered nurse. LG4wAS0+iFW3B.D"CF69] 3B-6 ` +' b. The services of a doctor available under an established agreement. C. Clinical records for all patients. The term "nursing home" does not include a rest home or a place for care of the aged, alcoholics or drug addicts. 9. "PAURsm*/Prior Authorization Utilization Review" means the process by which NYL evaluates the number of days of hospital confinement, if any, required for the care or treatment of a family member's condition. PAURsm is obtained as follows: a. A request for PAURsm must be made to New York Life by the family member or attending doctor. When required to be written, this request must be on a form satisfactory to New York Life and completed by the family member' s attending doctor. Except for an Emergency Confinement, the request must be sent to New York Life at least ten (10) working days before the family member enters the hospital as an inpatient. PAURsm is a service mark of New York Life Insurance Company(NYL) for its hospital utilization review program. `�:,: LG\MASO+/FW-38.DTF691 3B-7 b. For EMERGENCY CONFINEMENT, a telephone request must be made by the attending doctor to NYL within 48 hours after confinement starts. The telephone request must be followed by a written request prior to discharge. A late request by the attending doctor will be accepted if it is not reasonably possible to submit the request during the above time frame. C. PAURsm determination will be made within three (3) working days after NYL receives the written request, and written notification of this determination will be sent to the attending doctor, hospital and family member. For EMERGENCY CONFINEMENT, the attending doctor and hospital will be notified of the PAUR determination. d. The attending doctor or family member may at any time ask NYL to: (1) re-evaluate the PAURsm determination; or (2) extend the number of days of confinement authorized in this determination. LGVwASO+/FW-3B.DTF691 3B-8 Any PAURsm functions may be performed on our behalf by a third party we select. 10. "USUAL OR PREVAILING CHARGES" means the lesser of: a. The charge usually made by the provider for the services or supplies furnished; or b. The charge most other providers with the same training in the same locality would make for those or comparable services or supplies, as determined by New York Life. 11. "WE" means the Employer. In this Part, "he", "him", and "himself" mean a person of either sex unless the context requires that the word mean only a male. WHO IS ELIGIBLE FOR COVERAGE AND WHEN DOES COVERAGE BEGIN? No employee shall become covered under Part B for himself or his dependents, if any, unless (a) he is covered or simultaneously becomes covered under Part A and (b) , with respect to coverage for dependents, enrolls his dependents for coverage under Part A. LG\-ASO+/FW-3B.DCF691 3B-9 Any child born while the parent is covered will become a covered dependent at the moment of birth. If the employee did not elect pw dependents ' coverage before the child's birth, coverage on the child will cease at the end of the 31st day after its birth unless during such 31 days the employee gives the Employer a written request to make payroll deductions, if any, toward the cost of dependents ' coverage. WHEN DOES COVERAGE END? Coverage ends on the day the employee ceases to be covered for Part A benefits. WHEN SHOULD A CHANGE IN FAMILY STATUS BE REPORTED? The employer should be contacted promptly when any event occurs that could affect a dependent 's eligibility for coverage. Some examples are: change in marital status, birth of a child and change in a child's student status. A delay could result in not having coverage which would otherwise be provided. Benefits will be payable under Part B if an employee or dependent incurs medical expenses due to an injury, a sickness, a mental disorder or a pregnancy. There is a deductible for each person. LGV-ASO+/FW-38.DTF691 3B-10 WHAT IS THE DEDUCTIBLE? The deductible is an amount of a person's covered expenses in a calendar year for which no benefits will be paid. It applies to all kinds of covered expenses. WHAT IS PAID BY YOUR EMPLOYER? We will pay a percentage of most covered expenses in excess of the deductible. This percentage is indicated after Percentage We Pay on the Employer Certification. However, for a few covered expenses a reduced rate of 50%, after the deductible, will be paid. (See 1B-1) . ARE PAYMENTS MADE FOR PRE-EXISTING CONDITIONS? Covered expenses due to a pre-existing condition are covered on the same basis as for other conditions. However, no benefits are payable until one of the requirements of the DO WE PAY FOR PRE- EXISTING CONDITIONS is satisfied. WHAT ARE COVERED EXPENSES? Covered expenses are usual or prevailing charges for a broad range of medical services and supplies. �, LG\rwA50+/FW3B.DTF691 3B-11 WHAT EXPENSES ARE NOT COVERED? Some medical expenses are covered only under certain conditions. Others are not covered at all . DOES OTHER COVERAGE AFFECT BENEFITS? Yes. Benefits may be reduced by similar benefits of other group type plans or Medicare. See DUPLICATE BENEFITS. WHAT IS THE DEDUCTIBLE? Individual Deductible An employee must pay an amount in each calendar year of each FAMILY MEMBER'S Covered Expenses before benefits become payable. This amount is the amount indicated after Individual Deductible on the Employer Certification. Family Deductible An employee does not have to pay more than the Family Deductible amount for all family members combined. After that, each family member's deductible will be considered paid for that year. LG\mASO+/FW-3B.DTF691 3B-12 { The Family Deductible amount is the amount indicated after the x Family Deductible on the Employer Certification. "Family Member" means the employee or any of his covered eligible dependents under the Plan. WHAT DOES THE EMPLOYER PAY? After the employee pays the Deductible, we will pay a percentage of the Covered Expenses for the rest of the calendar year. This percentage is indicated after Percentage We Pay on the Employer Certification. The employee will have to pay the percentage of such Covered Expenses which we do not pay. This is also true for each family member. may, Are There Exceptions To This? There are some Covered Expenses for which we pay only 50%. These are described under SPECIAL BENEFITS. Is There A Limit On What An Employee Pays? Individual Limit Aside from the Deductible, an employee does not have to pay more than the amount indicated after Individual Out-Of-Pocket Limit on y ,� LGUwASO+/Fw-3B.DIT691 3B-13 the Employer Certification for Covered Expenses for himself and/or a family member during a calendar year. For the rest of that year, we will pay 100% of Covered Expenses for the employee and/or that family member, except as stated under SPECIAL BENEFITS. Family Limit Aside from the Deductible, an employee does not have to pay more than the amount indicated after Family Out-Of-Pocket Limit on the Employer Certification for Covered Expenses of all family members combined during a calendar year. For the rest of that year, we will pay 100% of Covered Expenses for all family members whose Deductible has been paid, except as stated under SPECIAL BENEFITS. Is There A Maximum Benefit? There is no limit on the amount of benefits we will pay for a family member's Covered Expenses while the family member is covered under this Plan, except for mental disorders and nursing services. The limits for these benefits are stated below. i LG\rwASO+/FW3B.DCF691 3B-14 SPECIAL BENEFITS What Do We Pay For Mental Disorders? We will pay an Employee 's and/or a family member' s Covered Expenses due to mental, nervous and emotional disorders as described below. Doctor Services and Other Outpatient Services BENEFITS--After the Deductible is paid, we will pay 50% of Covered Expenses for doctor services and other outpatient services due to these disorders for the rest of the calendar year. COVERED EXPENSES--Covered Expenses for doctor services and other outpatient services due to these disorders include charges up to $50 for each of the first 20 visits in a calendar year. After that, such services are not covered. However, Covered Expenses do not include charges for more than one visit in any day or charges for services not personally performed by a doctor. The term "doctor" includes a licensed or certified psychologist. The maximum number of visits described above will be reduced by the number of visits for which you receive BASIC BENEFITS in the same calendar year. t ' i.GVwAs0+mow-3B.DTF691 3B-15 Inpatient Hospital Services DOCTOR SERVICES AND BENEFITS--After the Deductible is paid, we will pay 50% of doctor services and other inpatient hospital services due to these disorders for 30 days of confinement in a calendar year. After that, such services are not covered. The maximum number of days described above will be reduced by the number of days for which an employee received BASIC BENEFITS in the same calendar year. Psychiatric Day Treatment Facility BENEFITS--After the Deductible is paid, we will pay Covered Expenses for doctor services and other services by a PSYCHIATRIC DAY TREATMENT FACILITY due to mental, nervous and emotional disorders. See--DEFINITIONS for an explanation of Psychiatric Day Treatment Facility under "Hospital". COVERED EXPENSES--Covered Expenses for doctor services and other services by a Psychiatric Day Treatment Facility will be 50% of the Inpatient Hospital Services Benefit described above. LG4wASO+/FW-38.DTF69I 3B-16 Alternative Mental Health Treatment WT BENEFITS--After the Deductible is paid, we will pay Covered Expenses for doctor services and other services by a RESIDENTIAL DAY TREATMENT FACILITY FOR CHILDREN AND ADOLESCENTS or a CRISIS STABILIZATION UNIT if the following conditions are met: (a) An employee or a covered dependent has a serious mental illness which: (i) substantially impairs the person' s thought, perception of reality, emotional process, or judgement or grossly impairs behavior as shown by recent disturbed behavior, and (ii) would require inpatient services by a hospital in the absence of a Residential Treatment Center for Children and Adolescents or Crisis Stabilization Unit Facility. (b) The services rendered by such a facility are based on an INDIVIDUAL TREATMENT PLAN; and (c) The providers of those services are licensed by the appropriate state agency or board to do so. See DEFINITIONS for explanations of Residential Treatment Center for Children and Adolescents, Crisis Stabilization Unit, and Individual Treatment Plan, all under "Hospital" . LG\rwASO+/FW3B.DTF691 3B-17 COVERED EXPENSES--Covered Expenses for Alternative Mental Health Treatment will be 50% of the Inpatient Hospital Services Benefit described above. Limit On What You Pay The 100% payment rate after the Out-Of-Pocket Limit is reached does not apply to Covered Expenses for mental disorders. Lifetime Maximum Benefit The maximum we will pay for all Covered Expenses due to these disorders is $30, 000. This maximum amount will be reduced by the amounts received under BASIC BENEFITS. t4�yF. SPECIAL BENEFITS What Do We Pay For Nursing Services? We will pay a family member's Covered Expenses for nursing services as described below: BENEFITS--After the Deductible is paid, we will pay: 50% of Covered Expenses for nursing services, including those provided while confined in a hospital. However, we will pay LG4wASO+/F W-3B.DTF691 3B-18 no more than $2 , 500 in benefits for nursing services in a calendar year. LIMIT ON WHAT AN EMPLOYEE PAYS--The 100% payment rate after the Out-Of-Pocket Limit is reached does not apply to Covered Expenses for nursing services. COVERED EXPENSES--Covered Expenses for nursing services include charges by a registered nurse or a licensed practical nurse. Covered Expenses do not include: Charges by the same nurse for more than one eight hour shift during any day. Charges by a nurse who resides in the family member's ��. home or is related to the family member by blood or marriage. - Charges for custodial care. The maximum calendar year amount described above will be reduced by amounts received under BASIC BENEFITS in the same calendar year. DO WE PAY FOR PRE-EXISTING CONDITIONS? For persons not covered under the prior plan (See 1B-38) , we will pay for Covered Expenses due to a PRE-EXISTING CONDITION on the same basis as for other conditions, but only after the earliest of: LGVwASO+/FW-38.DTF691 3B-19 (1) The day the family member has not received any medical advice or treatment for the pre-existing condition for twelve (12) consecutive months; (2) The day upon which a two year period has elapsed after the family member's coverage date; or (3) The day the pre-existing condition qualifies for full benefits under Part A. Until the family member has met one of the above, we will not pay for Covered Expenses due to the pre-existing condition. "Pre-existing Condition" means any injury, sickness, mental disorder, pregnancy, or related illness for which a family member has consulted a doctor, received any medical services or supplies, or taken any medication during the three months immediately before becoming covered under this Part B. DO WE PAY FOR PREGNANCY? We will pay for a family member's Covered Expenses due to pregnancy, childbirth or a related medical condition on the same basis as for a sickness. Covered Expenses include COMPLICATIONS OF PREGNANCY, as described below. However, we will not pay any LG\MASO+/FW-3B.UFF691 3B-20 � expenses incurred in connection with voluntary abortions . See WHAT EXPENSES ARE NOT COVERED? Covered Expenses include the charge normally made by the hospital , excluding doctor charges, for routine services furnished to a baby during the first 5 days after its birth or before the mother is discharged from the hospital, if earlier. "COMPLICATIONS OF PREGNANCY" means: (A) conditions, requiring hospital confinement (when the pregnancy is not terminated) , whose diagnoses are Idistinct from pregnancy but are adversely affected by pregnancy or are caused by pregnancy, such as acute nephritis, nephrosis, cardiac decompensation, missed abortion, and similar medical and surgical conditions of comparable severity, and (B) non-elective cesarean section, termination of ectopic pregnancy, and spontaneous termination of pregnancy, occurring during a period of gestation in which a viable birth is not possible. `�-� LG\mASO+/FW3B.DTF691 3B-21 WHAT ARE COVERED EXPENSES? Covered Expenses are USUAL OR PREVAILING CHARGES for the necessary MEDICAL CARE set forth below. Such charges will be covered if they are incurred by a family member while covered under Part B. Not all expenses are covered. See WHAT EXPENSES ARE NOT COVERED? HOSPITAL SERVICES--Charges by a HOSPITAL for inpatient services excluding the first $500 of such charges per confinement if PRIOR AUTHORIZATION UTILIZATION REVIEW is not requested. See DEFINITIONS for an explanation of what PRIOR AUTHORIZATION UTILIZATION REVIEW is and how it is requested. Also, see SPECIAL BENEFITS for inpatient hospital services due to mental disorders. Private room charges are covered up to the hospital 's regular daily semi-private room rate. However, this limit will not apply if confinement in a private room is required because of a contagious disease. Charges by a hospital for outpatient services are also covered. If a family member is admitted to a hospital on a Friday or a Saturday, hospital charges incurred on the day of admission and on the following day, if a Saturday, are not covered. This does not apply if surgery is performed within 24 hours of the admission or the admission is due to emergency illness or accident. Two or more W\mAs0+/FW-3B.M691 3B-22 hospital confinements due to related causes will count as one period of hospital confinement unless separated by at least 14 days. DOCTOR SERVICES--Charges by a DOCTOR. See SPECIAL BENEFITS for Covered Expenses due to mental disorders. NURSING SERVICES--See SPECIAL BENEFITS for these Covered Expenses. LAB SERVICES--Charges for diagnostic x-ray and lab tests. ANESTHETICS--Charges for anesthetics and their administration. MEDICAL SUPPLIES--Charges for: blood or blood plasma not donated or replaced; prosthetic appliances, splints, crutches and braces; oxygen; and rental of durable equipment of a medical or surgical nature. This equipment is limited to hospital beds, wheel chairs, respirators and cardiac monitors. TRANSPORTATION SERVICES--Charges for local ambulance service. Charges for railroad or regularly scheduled airline service for one trip per year within the United States or Canada by a covered employee or covered dependent requiring transportation for the purpose of receiving medical treatment. These services must be in connection with the transport of that family member to and from the nearest hospital where the family member has been or will be LGVwASO+PW3B.DTF691 3 B-2 3 'j confined for necessary medical care. However, the confinement requirement does not apply when transportation to a hospital is necessary because of an accidental injury. PHYSIOTHERAPY--Charges by a licensed or certified physiotherapist. SPEECH OR HEARING LOSS--Charges for treatment of loss or impairment of speech or hearing. CHEMICAL DEPENDENCY SERVICES--Charges by a state approved institution that is primarily engaged in treating chemical dependency for inpatient, residential or non-residential treatment programs, ordered by a doctor. EMERGENCY CARE--Charges for bona fide emergency services after the sudden onset of a medical condition which (a) manifests itself by severe pain and other acute symptoms of sufficient severity and (b) leads to the reasonable expectation that, absent immediate medical attention, the condition would result in: (1) placing the patient's health in serious jeopardy; (2) serious impairment to bodily functions; or (3) serious dysfunction of any bodily organ or part. LG4wAS0+/FlV-3B.D7'F691 3B-24 NURSING HOME SERVICES--Charges by a Nursing Home up to the home ' s regular daily semi-private rate for 100 days of confinement in a calendar year. Such confinement must be certified, in writing, by the attending physician, prior to the confinement. The physician must certify that: (1) the confinement is medically necessary, (2) the treatment to be provided is non-custodial, and (3) the confinement is in lieu of a hospital confinement. Care required solely for assistance with normal daily activities, such as dressing, feeding, and ambulation is custodial . The maximum number of days described above will be reduced by the number of days for which you receive BASIC BENEFITS in the same t calendar year. MAMMOGRAPHY--Charges for an annual mammography and screening for the presence of occult breast cancer for females who are age 35 or older. HOME CARE SERVICES--Charges by a hospital or a HOME HEALTH AGENCY for up to 100 home care visits in a 12 month period. The visits must begin within 14 days after a hospital or nursing home stay. This requirement will not apply if a doctor certifies that the home care is in lieu of a confinement. Up to 4 consecutive hours of home health services provided by a home health aide will be LGI.-ASO+/FW-3B.DrrF691 3B-25 considered one home care visit. Home Care Services include: physical, occupational, speech or respiratory therapy; the service of a home health aide under the supervision of a registered nurse; and the furnishing of medical equipment and medical supplies other than drugs and medicines. Charges for custodial care are not covered. The maximum number of visits described above will be reduced by the number of visits for which you receive BASIC BENEFITS in the same 12 month period. AMBULATORY SURGICAL CENTER SERVICES--Charges by an AMBULATORY SURGICAL CENTER for surgical services. WHAT EXPENSES ARE NOT COVERED? The following charges are not covered or are covered only to the extent stated. OCCUPATIONAL INJURY--Charges due to an on the job injury are not covered. However, this exclusion will not apply if the law does not permit a family member's employer (or his family member) to obtain coverage for the family member under a Workers ' Compensation Act or similar act. Nor will it apply if the law permits but does not require a family member who is a partner or an individual LG4wASO+iFW-3B.DTF691 3B-26 proprietor to have coverage under a Workers ' Compensation Act or similar act and that person does not have such coverage. OCCUPATIONAL SICKNESS--Charges due to any sickness which would entitle the family member to benefits under a Workers ' Compensation Act or similar act are not covered. GOVERNMENT SERVICES--Charges for medical care furnished by or paid for by any government or government agency are not covered. Charges for medical care are not covered if the family member would not have been required to pay for the services in the absence of insurance for medical care. However, this exclusion will not apply: . (a) to charges which the state in which the Family member resides is entitled to as a reimbursement under its Medicaid Law; or (b) to charges which a hospital facility makes for care or a family member who is not indigent, and which that facility normally makes and collects from each patient who is not and indigent; or (c) to charges for treatment while in a tax-supported institution due to mental illness, mental retardation, or both. Y Lc4wAW+/Pw-3a.UU691 3B-27 SERVICES FOR WHICH PAYMENT IS NOT REQUIRED--Charges for medical care are not covered if the family member would not have been required to pay for the services in the absence of insurance for medical care. COSMETIC SURGERY AND TREATMENT--Charges in connection with surgery, medication or any other type of treatment primarily for the purposes of improving appearance, including hair restoration, are not covered. However, this exclusion does not apply if the surgery, medication or treatment is due to injuries sustained in an accident which takes place while covered under the Plan's Major Medical insurance. Nor will it apply to a congenital malformation of a child who became covered under the Plan's Major Medical insurance at birth. FOOT CARE--Charges for the following are not covered: treatment of weak, strained or flat feet; instability or imbalance of the feet; orthopedic shoes and other supportive devices. Also, charges for cutting, removal or treatment of corns, calluses, bunions or toenails are not covered unless needed because of diabetes or other similar disease. CUSTODIAL CARE--Charges for custodial care are not covered. ROUTINE PHYSICAL EXAMINATIONS--Charges for routine physical examinations are not covered. M wASO+/FW-3B.DTF691 3B-28 PRESCRIPTION DRUGS--Charges for prescription drugs are covered in v excess of the deductible at eighty percent (80%) of the cost of the drugs up to the annual maximum out-of-pocket expense. Thereafter, such costs are covered at 100%. Such charges may be applied to satisfy either the annual Plan deductible or the annual maximum out-of-pocket expense. IMMUNIZATIONS--Charges for immunizations are not covered. HEARING CARE--Charges for hearing aids or their fitting are not covered. OVERSEAS BUSINESS TRAVEL--Charges for medical care furnished during a business trip outside the United States and Canada are covered ` only during the first 60 days of the trip. WAR CONDITIONS--Charges due to an injury, a sickness or a mental, nervous or emotional disorder arising out of war, or an act of war, are not covered. DENTAL SERVICES--Charges for treatment of the teeth are not covered except for treatment of natural teeth injured in an accident which takes place while the family member is covered under Part B. Charges for any such treatment rendered more than one year after the accident are not covered. Charges for surgery due to periodontal disease are not covered. Charges for treatment of the ' ' LGkwASO+/FW-3B.DTF691 3B-29 teeth due to a congenital malformation of a child who became covered under Part B at birth are covered. VISION CARE--Charges for eye tests are not covered unless due to a sickness or an injury. Also not covered are charges for: eye glasses or their fitting; and radial keratotomies or similar surgery done to treat myopia. SERVICES BY RELATIVES--Charges for medical care furnished by any of the following persons: the family member' s spouse, parent, child, grandparent, brother, sister or parent-in-law are not covered. INPATIENT HOSPITAL SERVICES--Charges by a HOSPITAL for inpatient services for the first $500 per confinement are not covered if Prior Authorization Utilization Review is not requested for that r' confinement. If a family member is admitted to a hospital on a Friday or a Saturday, hospital charges incurred on the day of admission and on the following day, if a Saturday, are not covered. This does not apply if surgery is performed within 24 hours of the admission if the admission is due to emergency illness or accident. BODY DISTORTION--Charges for detecting and correcting body distortion are not covered except as set forth below. "Body LG\mAS0+/FW3B.Dn69I 3B-30 distortion" means structural imbalance, distortion, or incomplete or partial dislocation in the human body: (a) which interferes with the human nerves; and (b) which is due to or related to distortion, misalignment or incomplete or partial dislocation of or in the vertebral column. However, charges by a doctor for detecting or correcting body distortion will be covered up to $500 in a calendar year. BASIC BENEFITS--Charges for which you received BASIC BENEFITS are not covered. r JAW JOINT DISORDERS--Charges due to treatment for any jaw joint disorders including temporalmandibular joint syndrome and craniomandibular disorders, or other conditions of the joint linking the jaw bone and skull and the complex of muscles, nerves and other tissues related to that joint. However, charges due to treatment for any jaw joint disorder will be covered up to a maximum of $1, 500 in a calendar year. INFERTILITY--Charges made for procedures which promote fertility are not covered: these include, but are not limited to, hormone therapy, artificial insemination, in-vitro fertilization, embryo " MmASO+1FW-3B.D'TF691 3B-31 transfer and Gamete Intra-Fallopian Transfer (GIFT) ; and reversal of surgical sterilizations. STERILIZATIONS--Charges made in connection with sterilizations are not covered. VOLUNTARY ABORTIONS--Charges for services furnished in connection with voluntary abortions are not covered. HOW DO OTHER GROUP TYPE PLANS AFFECT BENEFITS? If a person has medical coverage under a "GROUP TYPE PLAN" (excluding school student insurance) , we will coordinate our benefits with those of that plan. One plan is primary. One plan is secondary. The primary plan pays regular benefits in full. The secondary plan pays a reduced amount which, when added to the benefits paid by the primary plan, will equal 100% of ALLOWABLE EXPENSES. "ALLOWABLE EXPENSE" means the usual or prevailing charge of an item of care at least part of which is covered by one of the plans. When our plan is secondary, any deductible or copayment amount or percentage charged and unpaid by the primary plan will be an Allowable Expense; our Plan ' s deductible and copayment amounts remain applicable to the balance of Allowable Expenses unpaid by the primary plan. LG\rwASO+/FW-3B.DTF691 3B-32 K "GROUP TYPE PLAN" means a plan of insurance (other than a plan providing BASIC BENEFITS) , which: (a) is provided through a group policy or contract, or individual policies or contracts to classes of employees or members defined by conditions pertaining to employment or membership; (b) provides coverage only because of the covered person' s membership in or in connection with the particular organization or group; it does not provide coverage to the general public; (c) is sponsored by an employer, union or association which also arranges for bulk payment of premiums or subscription charges; and (d) provides benefits similar to, but not necessarily identical with, this plan's benefits for medical charges. A plan that does not coordinate with other plans is always the primary plan. If both plans coordinate, the primary plan is determined as described below: (a) The Plan which covers the patient as an employee, rather than as a dependent, is primary. LGVwASO+/FW-3B.DTF691 3B-33 (b) If both plans cover the patient as a dependent child, the following will determine which plan is primary: ;> (i) If the child' s parents are living together, the primary plan will be the Plan of the parent whose birthday occurs earlier in the calendar year, except that: If either parent' s plan does not have this rule for determining which plan is primary, the Plan without this rule shall determine which plan is primary. If the child's parents are divorced, the primary plan will be the Plan of the parent with the custody of the child, except that: When the parents are divorced and the parent with custody of the child has not remarried, the benefits of the Plan which covers the child as a dependent of the parent with custody of the child will be determined before the benefits of a Plan which covers the child as a dependent of the parent without custody. When the parents are divorced and the parent with custody of the child has remarried, the benefits of a Plan which covers the child as a dependent of the LG4a,AS0+/FW-3B.D?F691 3B-34 t;. parent with custody, shall be determined before the benefits of a Plan which covers that child as a dependent of the stepparent, and the benefits of a Plan which covers the child as dependent of the stepparent will be determined before the benefits of a Plan which covers that child as dependent of the parent without custody. Notwithstanding (i) and (ii) above, if there is a court decree which would otherwise establish financial responsibility for the medical, dental or other health care expenses with respect to the child, the benefits of a Plan which covers the child as a dependent of the parent with such financial responsibility shall be determined before the benefits of any other Plan which covers the child as a dependent child. (c) If neither (a) nor (b) applies, the primary plan will be the Plan which has covered the patient for the longer period of time, except that: (i) If the coverage of one plan is based on present employment, and the coverage of the other plan is based on prior employment, the primary plan will be the Plan which is based on present employment; and `: LG4wASO+/FW-3B.DTF691 3B-35 (ii) If either plan issued in another state and does not have the rule in c 5 ( ) (i) for determining which plan is primary, and as a result both plans will be considered secondary, then the (c) (i) rule will not apply. HOW DOES MEDICARE AFFECT BENEFITS? 1. We will pay this Plan's benefits for you without regard to Medicare if you are eligible to apply for Medicare because of age and are eligible for this Plan's benefits as an active employee. 2 . We will pay this Plan' s benefits for your spouse without regard to Medicare if: (a) You are eligible for this Plan's benefits as an active employee; and (b) Your spouse is a family member under this Plan, is not eligible to apply for benefits under another group type as an active employee, and is eligible to apply for Medicare because of age. 3 . If your spouse is eligible to apply for benefits under another "GROUP TYPE PLAN" as an active employee, but all the other LG4wASO+/FW-3B.DTF691 3B-36 requirements of item 2 . above are met, we will coordinate our coverage as stated above under HOW DO OTHER GROUP TYPE PLANS AFFECT BENEFITS? If any expenses are unpaid after the group type plan pays its benefits as the primary plan and we pay our benefits as the secondary plan, a claim should be made to Medicare for those expenses. 4 . If you and/or your spouse are eligible for this Plan's benefits as a retired employee and in all other cases, we will pay benefits as follows: (a) For types of expenses covered by both this Plan and Medicare, we will reduce our benefits so that our benefits plus Medicare benefits equal 100% of Allowable 'i Expenses, excluding applicable copayments and deductibles. When a person is eligible to apply for benefits under Medicare or another group type plan as an employee, we will first adjust this Plan' s benefits for Medicare as if the person had full Medicare coverage (Part A and Part B) ; we will do so even if the person has not enrolled for Medicare or applied for its benefits. Then we will coordinate with the other plan's benefits. But we will not in any event pay for hospital room and board charges in excess of the regular semi-private room rate. LG\rwASO+/FW-3B.UrF691 3B-37 (b) For types of expenses covered by this Plan, but not covered by Medicare, we will pay the Plan ' s regular benefits. THIS SECTION ONLY APPLIES TO PERSONS COVERED UNDER THE EMPLOYER'S PLAN ON THE DAY BEFORE THIS PLAN TOOK EFFECT. THE MAIN PURPOSE IS TO AVOID GAPS IN COVERAGE THAT MIGHT OTHERWISE OCCUR BECAUSE OF THE CHANGE IN PLANS. IT ALSO PREVENTS DUPLICATE CLAIM PAYMENTS. "The Prior Plan" means the Employer's Plan which (a) was in effect on the day before the Employer adopted this plan, (b) was terminated for all the Employer's employees, and (c) was replaced by this Plan. HOW DOES THE PRIOR PLAN AFFECT BENEFITS? This Plan's benefits will not duplicate the prior plan's benefits. We will reduce the benefits for a claim by any benefits that would be payable under the prior plan's extended benefit provisions for that same claim if the EFFECT OF PRIOR PLAN COVERAGE section had not been included. LG4wAS0+/FW-38.vrF6v1 3B-38 �` WHAT ARE THE BENEFITS FOR PERSONS COVERED UNDER THE PRIOR PLAN? 1 If any employee met all of the "WHO IS ELIGIBLE FOR COVERAGE" requirements on the day this Plan took effect, that employee will be covered for pre-existing conditions as described below. Each dependent who met the "WHO IS ELIGIBLE FOR COVERAGE?" requirements on such day are also covered for this Plan's benefits except that benefits for a pre-existing condition will be described below. The "WHO IS ELIGIBLE FOR COVERAGE AND WHEN DOES COVERAGE BEGIN" requirements are described on page 3B-10. WHAT ARE THE BENEFITS FOR PERSONS COVERED UNDER THE PRIOR PLAN FOR PRE-EXISTING CONDITIONS? Benefits for pre-existing conditions will be as described below for persons covered under the prior plan. The "DO WE PAY FOR PRE- EXISTING CONDITIONS?" provision in Part B does not apply to such persons. Benefits for any pre-existing condition will be the amount of this Plan's benefits. "PRE-EXISTING CONDITION" means an injury, sickness, mental disorder, pregnancy or related illness for which a person has consulted a doctor, received any medical services or supplies or LG\mASO+/Ew-38.Dn691 3B-39 taken any medication during the three months immediately before becoming covered under Part B of this Plan. WHAT ARE THE BENEFITS FOR PERSONS WHO FAILED TO MEET THE "WHO IS ELIGIBLE FOR COVERAGE?" REQUIREMENTS WHEN THIS PLAN TOOK EFFECT? If, on the day this Plan took effect, an employee failed to meet all of the "WHO IS ELIGIBLE FOR COVERAGE?" requirements, no Part B benefits are payable. After an employee has met all of the "WHO IS ELIGIBLE FOR COVERAGE?" requirements, the employee will become covered for this Plan's Part B benefits as described under "WHAT ARE THE BENEFITS FOR PERSONS COVERED UNDER THE PRIOR PLAN?" . WILL A NEW PART B DEDUCTIBLE HAVE TO BE MET? A new Part B deductible for this Plan must be met. However, charges applied toward the prior Plan's deductible which were incurred during the calendar year in which this Plan took effect will count toward meeting this Plan's deductible for that year. SHOULD RECORDS OF EXPENSES BE KEPT? An employee should save all bills and receipts for medical expenses. We need them as proof of claim. MmASO+/FW-3B.DTF691 3B-40 HOW TO FILE A CLAIM FOR PART B BENEFITS? y An employee should obtain a claim form from the Employer. WHEN SHOULD CLAIMS BE SUBMITTED? When an employee has a claim, he should promptly submit the completed claim form and any bills or receipts. We have the right to reject claims submitted more than 180 days after the loss. A late claim might be accepted if it was not reasonably possible to submit the claims during the 180 days. HOW WILL BENEFITS BE PAID? Benefits will be paid after we receive proof of claim. They will be paid as directed on the claim form. All benefits must be paid no more than 60 days after receipt of proof. No legal action can be brought if payment is not received prior to the expiration of 60 days after proof of loss has been filed and no such action shall be brought at all unless brought within four (4) years from the expiration of 60 days within which Proof of Loss is required. ;.� LG\rwAW+/FW-3B.DTF691 3B-41 MAY WE REQUIRE ADDITIONAL PROOF OF CLAIMS? Yes. For example, before paying benefits, we may have a non- participating physician with similar education, credentials and training whom we select examine the patient. RIGHT OF SUBROGATION When we pay benefits for Covered Expenses incurred due to the injury, sickness or mental disorder of a family member: 1. We shall be subrogated, to the extent of such payment, to all of the family members' rights of recovery against any third party because of such injury, sickness, or disorder; and, i 2 . The family member shall: (a) sign and deliver to us all necessary papers and do whatever else is necessary to secure such rights; and (b) do nothing to prejudice such rights without our written consent. We may elect not to exercise such rights with respect to a particular claim or family member. WHEN DOES COVERAGE UNDER PART B END? Coverage will end on the day the employee ceases to be covered for Part A benefits. LG4wASO+/FW-3B.M691 3B-42 CONTINUANCE OF COVERAGE May Coverage Be Continued After It Would Otherwise End? Contact your Employer to determine if the coverage may be continued. FACILITY OF PAYMENT Payment may be made to any person(s) , other than the employee, or to an institution, if in the Employer's opinion: (a) the employee is legally not able to give valid receipt for any payment due him; and (b) the person(s) or institution receiving such payment has been caring for or supporting the employee. Such payments will continue until claim is made by a duly appointed guardian or committee of the employee. ',, r, LG\mASO+/FW-3B.DTF691 3B-43 EXHIBIT 4 HEALTH BENEFIT PLAN (The "Plan") FOR EMPLOYEES OF THE CITY OF FORT WORTH ("Employer") Employer has established the Plan described herein for its eligible employees, retirees and their eligible dependents. The Plan offers Enrollees a Managed Health Care Option with minimal copayments and deductibles when a network of participating providers is used and alternative benefits with higher copayments and deductibles when non-network providers are elected. ~- Part A has the provisions applicable to the Managed Health Care Part of the Plan for Enrollees who choose the services of Participating Hospitals, Physicians and Other Health Care Professionals in a Defined Area. Part B has the provisions applicable to the Major Medical Employer Certification, the Plan for Covered Persons who elect, at the time health care services are obtained, not to use Participating Providers. Coverages are provided by the Employer on a self-funded basis. Sanus has been retained to provide certain Administrative Services .� LG4wASO+/FW 4.pTF691 4-1 in connection with the Plan. Sanus provides Administrative Services Only to the Employer and acts as independent contractor of Employer, not as an insurer or guarantor. Eligible employees, retirees and their eligible dependents who become Enrollees will be entitled to receive the benefits of the Plan subject to the provisions of the Plan. The Plan Year shall start on the effective date and shall end twelve months thereafter, unless the Plan is terminated. The Plan shall remain in effect until terminated by the Employer. The Employer may terminate the Plan at any time or may amend the Plan and/or any Schedule of Benefits at any time, without the consent of the Enrollees or any other person having a beneficial interest in it. Any such termination or amendment shall be without prejudice to a claim arising prior to the date of such termination or amendment. The Effective Date of the Plan shall be October 1, 1990. IN WITNESS WHEREOF, and as duly authorized, the parties hereto execute this Agreement with the Effective Date herein provided. CITY OF FORT WORTH SANUS TEXAS HEALTH PLAN, INC. BY: 0 BY: TITLE: TITLE: DATE: DATE:_ LGVwASO+/FW4.DTF691 4-2 City of Fort Worth, Texas _ -` Mayor and Council CommunicaildA ` DATE REFERENCE SUBJECT: PROFESSIONAL SERVICES AGREEMENT PAGE NUMBER 11-27-90 C-12626 WITH SANUS TEXAS HEALTH PLAN, INC., FOR Iof 3 RETIREE GROUP HFAITH INSURANCE SERVICES RECOMMENDATION: It is recommended that the City Council authorize the City Manager: 1. To enter into a professional services agreement with Sanu____TQxas__Hea_lth_ _ Plan, Inc. , (SANUS) for management of the City' s medical insurance program of benefits for retired employees and their dependents, as summarized in Attachments A and B, for the period January 1, 1991 through September 30, 1991 for a fee of $554,814; 2. To notify the Aetna Life and Casualty Company of termination of the City's current agreement with Aetna for administration of the retiree group health insurance program effective December 31, 1990; and, 3. To notify ThriftDrug of the termination of the current agreement with ThriftDrug for mail-order pharmacy service effective December 31, 1990. DISCUSSION: On August 14, 1990, the City Council approved a professional services agreement with SANUS to administer the City's group health insurance program for its active employees and their eligible dependents (M&C G-8762). At the direction of the City Council Insurance Committee, the City' s consultant for group health insurance matters, Asset Protection Agency, Inc. (APA), requested proposals for administration of the retiree group health insurance program from its current administrator, Aetna Life and Casualty Company, and SANUS. At the October 23, 1990 meeting of the City Council Insurance Committee, APA recommended SANUS to serve as the administrator for a nine-month period beginning January 1, 1991, after discussion of the proposals. Acting upon the recommendation of its consultant, the City Council Insurance Committee instructed City staff to pursue an agreement with SANUS to administer a comparable program for its retired employees and their eligible dependents. BENEFIT FEATURES: The recommended program will have benefit features similar to the program for active employees. (See Attachment A.) The City will contribute a fixed amount toward the financing of the program, with the balance to be funded by retiree contributions; the program for active employees is funded in the same manner. Retirees may select the following options: (1) "in-network" benefits (low option) at no cost to them and lower cost for their dependents; (2) "out-of-network" benefits (low option) for only those retirees who live too far from the service area to access "in-network" benefits, at no cost to the retiree and lower cost for their dependents; or (3) combined "in-network/ out-of-network" benefits (high option) which imposes a cost to cover retirees and a higher contrib. ti ost for their dependents. (See Attachment B) . tia DATE REFERENCE SUBJECT: PROFESSIONAL SERVICES PAGE NUMBER 11-27-90 C-12626 AGREEMENT WITH SANUS TEXAS HEALTH I - - INSURANCE SERVICES The major benefit difference between the retiree program and that of the active employees is that the retiree program has a "Medicare carve out" component. The proposed plan will secondarily cover Medicare eligible retirees and their dependents for covered expenses up to the City' s plan limits after coordination with Medicare parts A and B. For those retirees who are not eligible for Medicare, the City' s plan is primary. It is estimated that approximately 10% to 15% of the retirees are eligible for Part B of Medicare coverage, but have not yet enrolled as it was not relevant under the City' s previous plan. The next Medicare open enrollment period begins in January, 1991 for coverage effective on July 1, 1991. The actuarial assumptions underlying the cost of the City' s proposed retiree group health plan for January - September, 1991 assumed a January 1, 1991 implementation date for the full Medicare carve-out provisions of this plan; however, it will be July 1, 1991 before the entire cost savings of the Medicare carve-out may be implemented. Therefore, the retiree health program may be underfunded as a result of the delay in full Medicare care-out implementation. The amount of the shortfall is difficult to determine precisely as it depends upon the actual number of persons affected, their potential claims, and their selection of high or low option City group health insurance coverages. The shortfall is, however, estimated to be less than $100,000 for the six month period. COST: Where the retiree chooses the "in-network" benefits (low option) or "out-of-network" benefits (low option) for those living too far out of the service area, a retiree' s own health care coverage will continue to be provided at no cost and the cost to cover retiree dependents will remain the same. (See Attachment B.) If the retiree chooses combined "in-network/ out-of network" benefits (high option), the retiree who covers him/herself only will be required to pay thirty-six dollars ($36) per month for this coverage. Costs of high option dependent coverage will also increase. (See Attachment B.) Under its contract with the City, SANUS will render managed care services that will include, but not be limited to, claims review and assessment, pre-certification for scheduled hospital stays, utilization review and large case management including identification of home health care alternatives, certification of physicians and other providers available under the network, education and information services, and claims payment. The SANUS staff located on-site in the Insurance Office will also be available to assist retirees and their families with their insurance needs. A stand-alone optional dental plan also will be made available to retirees through the Sanus Dental Plan of Texas, Inc. The City will not contribute to the cost of this plan, nor does it do so for active employees and their dependents. J DATE REFERENCE SUBJECT PROFESSIONAL SERVICES PAGE NUMBER 11-27-90 C-12626 AGREEMENT WITH SANUS TEXAS HEALTH 3 0, 3 PI ANT INC-, FLk RETIREE GROUP HFALTH INSURANCE SERVICES FINANCING: Sufficient funds to support the Sanus Texas Health Plan, Inc. contract in the amount of $554,814 are available in the Health Insurance Fund FE85, Account 539120, Center 0158570, Retiree Insurance Administrative Costs. Revenue from retiree contributions to help fund the plan will be based on the options selected by the retirees and their eligible dependents. RAM:u 15Sanus A§IP�'?dt'�;.ia 64' r2kri ..0 of SUBMITTED FOR THE \ CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY /1 OFFICE BY: Ruth Ann McKinney 6125 ❑ APPROVED ORIGINATING ❑ OTHER (DESCRIBE) DEPARTMENT HEAD: Susan Bul la 8513 CITY SECRETARY FOR ADDITIONAL INFORM ON Bul la 8513 CONTACT: DATE ."ASfI:N fILE.i L/ Citi Y Fort Worth, rfey _. s ACCOUNTIN4.2 Mayor and Council Communication LI TRANSPORTATIONIPUBC WO "MR AWAIMSTRAIMON i REFERENCE SUBJECT: PAGE NUMBER PROFESSIONAL SERVICES AGREEM NT 8-14-90 G-8762 WITH SANUS TEXAS HEALTH PLAN, I C.1 0f RECOMMENDATION _ It is recommended that the City of Fort Worth enter into a profession&l services agreement with Sanus Texas Health Plan, Inc. f-or management of the City's medical insurance program of benefits 'f_or active employees and their dependents summarized in Attar ment_A. Sanus Texas Health Plan, Inc. will provide the managed care services outlined below for the 1990-91 fiscal year for- a- fee -of $2,509, 204. DISCUSSION For the past 21 months, the City of Fort Worth has had a contract with Sanus/New York Life for its medical benefits program for active employees and their dependents . That program was a fully insured program with premium rates established by the company. - The managed care/dual option program provided by Sanus/New York Life has resulted in the City's experiencing less drastic cost increases than many other employers in our area. Staff and the Council Insurance Committee have reviewed the status of our current program and recommend a modified approach to our insurance program for the 1990-91 fiscal year. In implementing the Council direction given at the January retreat to pass any cost increases along to employees at this time, the staff and Committee have developed a high/low option program. For the same cost they are paying now, employees can enroll in the Sanus HMO which has a "network" of physicians and other providers . Employees who wish to maintain a choice of using either network providers or their own physician of choice can select the high-option program. They will pay the increased cost of this program. Costs of the high and low option program with a comparison to present costs are shown on Attachment B. Under its contract with the City, Sanus Texas Health Plan, Inc. will render managed care services that will include but not be limited to: claims review and assessment , pre-certification for scheduled hospital stays , utilization review and large case management including identification of home health care alternatives , certification of physicians and other providers available under the network, education and information services and claims payment . OFFICIAL EQr-0,7O CITY SEC,q[TARy rEX L it DATE REFERENCE SUBJECT: PAGE NUMBER PROFESSIONAL SERVICES AGREEMENT WITH 2 of 2 8-14-90 G-8762 SANUS TEXAS HEALTH PLAN, INC. A stand-alone optional dental plan also will be made available to employees through Sanus Dental Plan of Texas , Inc . The City will not contribute to the cost of this plan. To improve our joint educational efforts and shorten response time to information requests , Sanus will establish and staff an on-site office in the Risk Management area. FINANCING Funds to support the Sanus Texas Health Plan, Inc. contract in the amount of $2 , 509,204 are included in the City Manager's recommended budget with an additional amount included to cover estimated claims costs in the amount of $15,099,245 . Revenue from employee contributions will be dependent on the options selected. It is staff 's recommendation that any claims savings realized during the 1990-91 fiscal year be dedicated to offsetting any cost increases the following year. - :psa f APPROVED BY CITY. COUNCIL E t AUG 14 1190 1,3t'!S«zetWV of the o SUBMITTED FOR THE DISPOSITION BY COUNCIL: PROCESSED BY OIFFICEABYGER'S Ruth Ann McKinney 6125 ❑ APPROVED ❑ OTHER (DESCRIBE) ORIGINATING DEPARTMENT HEAD: Ruth Ann McKinney 6125 CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT: Ruth Ann McKinney 6125 DATE