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HomeMy WebLinkAboutContract 46248 CITY SECRETARY CONTRACT NO. R Delta Dental Insurance Company Contract Delivery Receipt Contract # 17182 For CITY OF FORT WORTH I acknowledge receipt of the above contract on at Fort Worth, TX (month, day, year) (city, state) Susan Alanis (print name) (signature) �-*`ROVED AS TO b LEGALITY: I�A elta Dental Insurance Company �► 0000 RECEI moo°°° °°�0 Atte by; mo i OFFICIAL RECORD JUL -6 a1TV p CITY SECRETARY CROFFORTWORIH $° °°°° FT. WORTH, TX ClTYSECR>iA$Yr` Mary- L Kays r, City FX A`' S � - DELTA DENTAL INSURANCE COMPANY 1130 Sanctuary Parkway Suite 600 Alpharetta,Georgia 30009 (770)641-5100 (888) 858-5252 Dental Provider Organization Program City of Fort Worth ,("Contractholder")has applied for a group dental insurance contract with Delta Dental Insurance Company,("Delta Dental").The following terms will apply: I. Contractholder will pay Delta Dental the monthly Premium stated in this Contract. II. Delta Dental has accepted the Application submitted by the Contractholder and when the Contractholder pays the first month's Premium,the term of this Contract will begin at 12:01 a.m.Central Time,on the Effective Date listed in Appendix A.The term of this Contract will end as stated in this Contract at the end of the Contract Term at 12:00 midnight Standard Time. III. Contractholder will give each Primary Enrollee electronic access to a certificate of coverage furnished by Delta Dental. Contractholder will also distribute to its Enrollees any notice from Delta Dental which affects their rights under this Contract. Notice: the premium under this Contract is payable to Delta Dental Insurance Company P.O.Box 7564 San Francisco,CA 94120-7564 The premium under this Contract may be increased upon renewal, with 180 days written notice,prior to the end of the initial or any subsequent contract terms. Delta Dental accepts the Application of"Contractholder."A copy is attached and made a part of this Contract. So long as Contractholder pays the Premiums stated in Article 3, Delta Dental agrees to provide the Benefits described in Article 4.Benefits will start at 12:01 a.m. Standard Time on the Effective Date.This Contract will continue from year to year until terminated,as stated in Article 8. This Contract is issued and delivered in the State of Texas and is governed by its laws. WXb=M=nS1 Anthony S. Barth President THIS IS NOT A POLICY OF WORKERS' COMPENSATION INSURANCE. THE EMPLOYER DOES NOT A SUBSCRIBER TO THE WORKERS' COMPENSATION SYSTEM BY PURCHASING THIS POLICY, EMPLOYER IS A NON-SUBSCRIBER,THE EMPLOYER LOSES THOSE BENEFITS WHICH WOULD RWISE ACCRUE UNDER THE WORKERS' COMPENSATION LAWS. THE EMPLOYER MUST COMPLY W1 �I THE WORKERS' COMPENSATION LAW AS IT PERTAINS TO NON-SUBSCRIBERS AND r" THE REQUIRED NOTIFICATIONS THAT MUST BE FILED AND POSTED. TX-DPO-C(2006) OFFICII L RECORD 17182 CITY SECRETARY FT. WORTH,TX TEXAS NOTICE OF COMPLAINT IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener information o para someter una queja: You may call Delta Dental Insurance Company's toll free Usted puede Ilamar al numero de telefon gratis de Delta number for information or to make a complaint at Dental Insurance Company's para informacion o para someter una queja al 1-800-521-2651 1-800-521-2651 You may also write to Delta Dental Insurance Company at Usted tambien puede escribir a Delta Dental Insurance Delta Dental Insurance Company Company 1 130 Sanctuary Parkway Suite 600 Delta Dental Insurance Company Alpharetta,Georgia 30009 1130 Sanctuary Parkway Suite 600 You may contact the Texas Department of Insurance to Alpharetta,Georgia 30009 obtain information on companies,coverages,rights,or complaints at Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, 1-800-252-3439 coberturas, derechos o quejas al You may write the Texas Department of Insurance at 1-800-252-3439 P.O.Box 149104 Puede escribir al Departamento de Seguros de Texas Austin TX 78714-9104 FAX#(512)475-1771 P.O.Box 149104 Austin TX 78714-9104 Web: http://www.tdi.state.tx.us FAX#(512)475-1771 E-mail: ConsumerProtection@tdi.state.tx.us Web: http://www.tdi.state.tx.us E-mail: Con sumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim,you should contact your agent or Delta DISPUTAS SOBRE PRIMAS O RECLAMOS: Dental Insurance Company first. If the dispute is not Si tiene una disputa concerniente a su prima o a un resolved,you may contact the Texas Department of reclamo, debe comunicarse con el agente o Delta Dental Insurance. Insurance Company primero. Si no se resuelve la disputa, puede entonces comunicarse con el ATTACH THIS NOTICE TO YOUR POLICY: departamento(TDI). This notice is for information only and does not become a part or condition of the attached document. UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. TX-DPO-C(2006) 2 17182 TABLE OF CONTENTS ARTICLE 1 DEFINITIONS ARTICLE 2 ELIGIBILITY AND ENROLLMENT ARTICLE 3 MONTHLY PREMIUMS ARTICLE 4 BENEFITS,LIMITATIONS AND EXCLUSIONS ARTICLE 5 DEDUCTIBLE,MAXIMUM&COORDINATION OF BENEFITS ARTICLE 6 CONDITIONS UNDER WHICH BENEFITS WILL BE PROVIDED ARTICLE 7 GENERAL PROVISIONS ARTICLE 8 TERMINATION&RENEWAL ARTICLE 9 ATTACHMENTS TX-DPO-C(2006) 3 17182 ARTICLE 1 DEFINITIONS Terms when capitalized in this document have defined meanings,given either in the section below or within the contract sections. 1.01 Approved Amount--the maximum amount a dentist may charge for a Single Procedure. 1.02 Benefits(In-Network or Out-of-Network)--the amounts that Delta Dental will pay for dental services under this Contract. In-Network Benefits are those covered by this Contract and performed by a Delta Dental DPO Dentist. Out- of-Network Benefits are those covered by this Contract but performed by a Delta Dental Premier®Dentist or Non-Delta Dental Dentist. 1.03 Claim Form--the standard form used to file a claim or request Pre-Treatment Estimate for treatment. 1.04 Contract--this agreement between Delta Dental and Contractholder, including the Application and the attachments listed in Article 9. 1.05 Contract Allowance--the maximum amount Delta Dental will use for calculating Benefits for a Single Procedure.The Contract Allowance for services provided: Low Plan • by DPO Dentists and Delta Dental Premier®Dentists is the lesser of the Dentist's submitted fee,the DPO Dentist's Fee;the approved amount as outlined in the terms of the Contracting Dentist Agreement with Delta Dental or Maximum Plan Allowance;or • by Non-Delta Dental Dentists is the lesser of the Dentist's submitted fee or the DPO Dentist's Fee. High Plan • by DPO Dentists is the lesser of the Dentist's submitted fee,the DPO Dentist's Fee or the approved amount as outlined in the terms of the Contracting Dentist Agreement with Delta Dental. • by Delta Dental Premier®Dentists(who are not DPO Dentists) is the lesser of the Dentist's submitted fee,the approved amount as outlined in the terms of the Contracting Dentist Agreement with Delta Dental or Maximum Plan Allowance. • by Non-Delta Dental Dentists is the lesser of the Dentist's submitted fee or the Maximum Plan Allowance. 1.06 Contract Term --the period during which this Contract is in effect,as shown in Appendix A. 1.07 Contract Year--the 12 months starting on the Effective Date and each subsequent 12 month period thereafter. 1.08 Contractholder--the employer,union or other organization or group contracting to obtain Benefits. 1.09 Contracting DPO Dentist Agreement(DPO Dentist Agreement)--an agreement between Delta Dental and a Dentist which establishes the terms and conditions under which covered services are provided under a DPO program. 1.10 Contracting Dentist Agreement--an agreement between Delta Dental and a Dentist that establishes the terms and conditions under which services are provided. 1.11 DPO Dentist--a contracting Delta Dental Dentist who agrees to accept DPO Dentist's Fees as payment in full and complies with Delta Dental's administrative guidelines.All DPO Dentists are also Premier Dentists. All DPO dentists must be contracted in the Premier network. 1.12 DPO Dentist's Fee--the fee outlined in the Contracting DPO Dentist Agreement. DPO Dentists agree to charge no more than this fee for treating DPO Enrollees. 1.13 Delta Dental Premier®Dentist(Premier Dentist)--a Dentist who contracts with Delta Dental or any other member company of the Delta Dental Plans Association and who agrees to abide by certain administrative guidelines.Not all Premier Dentists are DPO Dentists;however,all Premier Dentists agree to accept Delta Dental's Maximum Plan Allowance for each Single Procedure as payment in full. TX-DPO-C(2006) 4 17182 1.14 DPO--a Dental Provider Organization. 1.15 Dentist-- a person licensed to practice dentistry when and where services are performed. 1.16 Dependent Enrollee--an Eligible Dependent enrolled in the plan to receive Benefits. 1.17 Effective Date--the date the program starts,as shown in Appendix A. 1.18 Eligible Dependent--a dependent of an Eligible Employee or domestic partner eligible for Benefits under Article 2. 1.19 Eligible Employee--any employee or retiree eligible for Benefits under Article 2. 1.20 Enrollee--an Eligible Employee("Primary Enrollee")or an Eligible Dependent("Dependent Enrollee")enrolled to receive Benefits. 1.21 Maximum Plan Allowance(MPA)--the maximum amount Delta Dental will reimburse for a covered procedure.Delta Dental establishes the MPA for each procedure through a review of proprietary filed fee data and actual submitted claims. MTAs are set annually to reflect charges based on actual submitted claims from providers in the same geographical area with similar professional standing.The MPA may vary by the type of network Dentist, 1.22 Non-Delta Dental Dentist--a Dentist who is neither a Premier nor DPO Dentist and who is not contractually bound to abide by Delta Dental's administrative guidelines. 1.23 Open Enrollment Period-- the month of the year during which employees may change coverage for the next Contract Year. 1.24 Pre-Treatment Estimate--an estimation of the allowable Benefits under this Contract for the services proposed, assuming the patient is eligible. 1.25 Premium --the amounts payable monthly by the Contractholder as required in this Contract. 1.26 Primary Enrollee-- an Eligible Employee enrolled in the plan to receive Benefits. 1.27 Procedure Code--the Current Dental Terminology(CDT)number assigned to a Single Procedure by the American Dental Association. 1.28 Qualifying Status Change--a change in: • legal marital status(marriage,divorce, legal separation,annulment or death); • number of dependents(a child's birth,adoption of a child,Eligible Person becomes party in a suit to adopt a child, addition of a step or foster child or eligible grandchild or death of a child); • employment status(change in employment status of Enrollee,spouse or dependent child); • dependent child ceases to satisfy eligibility requirements(limiting age,student status or marital status); • residence(Enrollee,dependent spouse or child moves); • a court order requiring dependent coverage;or • any other current or future election changes permitted by IRC Section 125. 1.29 Single Procedure--a dental procedure that is assigned a separate CDT number. ARTICLE 2 ELIGIBILITY AND ENROLLMENT 2.01 Reporting On or before the Effective Date,Contractholder will furnish to Delta Dental, in writing or in electronic media format agreed by Delta Dental and the Contractholder, a listing of eligible Primary Enrollees and Dependent Enrollees. The listing must show the names, Enrollee ID numbers,dates of hire,dates of birth, dependent status and location codes, if any. The eligibility list shall include all active employees unless the employee waives coverage in writing or the TX-DPO-C(2006) 5 17182 r Eligible Employee enrolls in an alternate dental plan offered by Contractholder. The eligibility list may also include retired employees. Thereafter,before the 10'h of each month,Contractholder must furnish to Delta Dental in the format agreed to above,a listing indicating specific additions,changes or terminations made during the prior month. Contractholder will notify Delta Dental in writing of any requests for Premium adjustments for Enrollees who should have been terminated in the event Delta Dental was not previously notified of the termination(s). Said termination date will be adjusted retroactively to the immediately preceding 3 months plus the current month,provided: a) no claims were submitted to be processed on said Enrollee subsequent to the date of retroactive termination;and b) Premiums were actually paid for the Enrollee subsequent to the date of retroactive termination. Delta Dental will notify the Contractholder in writing of the revised termination date and Premiums will be adjusted accordingly. Delta Dental will not pay any Benefits for an Enrollee or Dependent Enrollee if proof of eligibility is not submitted. Also,Delta Dental will not pay Benefits for an Enrollee if Premiums are not paid for the month in which dental services are rendered. 2.02 Contractholder will permit Delta Dental to audit Contractholder's records to check whether the lists of Primary Enrollees are correct and to confirm compliance with Article 3. Delta Dental will give Contractholder written notice within a reasonable time before the audit date. 2.03 Eligible Employees All present permanent employees of the Contractholder,working 20 hours or more per week are eligible on the Effective Date. All future permanent employees of the Contractholder,working 20 hours or more per week will become eligible 1 month following the date of hire. Retired employees are eligible for coverage as defined by the ContracthoIder's policy. 2.04 Eligible Dependents Eligible Dependents of an Eligible Person are: • Lawful spouse or domestic partner named in Contractholder's guidelines for Domestic Partnership. • Dependent children from birth to the end of the month of their 261 birthday. "Children"includes natural children, step-children,adopted children,children of the domestic partner and foster children with no distinction made based on the marital status or lack of marital status between the Eligible Person and the other parent.Newborn infants are eligible from the moment of birth. An adopted child will be eligible from the moment the Eligible Person becomes a party in a suit to adopt the child.A newborn child or adopted child will automatically be covered for 60 days. To continue coverage after 60 days,notice of the birth or notice regarding the suit to adopt and additional Premium, if any, must be received within the 60 day period. • Grandchildren who are less than 26 years of age and are a dependent of the Eligible Person for federal income tax purposes at the time application for coverage of the grandchild is made. Coverage for said grandchild may not be terminated solely because the grandchild is no longer dependent upon the Eligible Person for federal income tax purposes. • Dependent children, including grandchildren,under 26 years of age for whom the Eligible Person is required to insure under a medical support order issued under Chapter 154, Family Code,or enforceable by a court in Texas. Said child may request to be covered under the Eligible Person's coverage. • A child, including grandchild, 26 years of age or older who is not self-supporting because of mental retardation or physical handicap and the child is chiefly dependent upon the Eligible Person for support and maintenance. Proof of these facts must be given to Delta Dental within 31 days of the child's attainment of age 26. Proof will not be required more than once a year after the child is 28. Dependents in military service are not eligible. TX-DPO-C(2006) 6 17182 r - 2.05 Enrollment of Eligible Employees and Eligible Dependents • If the Primary Enrollee must contribute any portion of the cost of coverage,Eligible Employees must enroll to be covered under this Contract. Enrollment must be within 31 days after first becoming eligible or during an Open Enrollment Period. Coverage cannot be dropped or changed other than during an Open Enrollment Period or because of a Qualifying Status Change. • If the Primary Enrollee is paying all or a portion of the cost for coverage for Dependent Enrollees in the manner elected by the Contractholder and approved by Delta Dental,Eligible Dependents must be enrolled within 60 days after the date becoming eligible or during an Open Enrollment Period.Coverage may not be changed at any time other than during an Open Enrollment Period or if there is a Qualifying Status Change. • If both spouses are Eligible Employees,one may enroll as a Dependent Enrollee of the other. Dependent children may enroll as Dependent Enrollees of only one Primary Enrollee. • All Eligible Dependents must be enrolled as Dependent Enrollees if dependent coverage is elected. • A child who is eligible as a Primary Enrollee and a dependent can be insured under this Contract as a Primary Enrollee or a Dependent Enrollee but not both at the same time. 2.06 Except for an employee absent from work due to a leave of absence approved by the Contractholder or governed by the "Family&Medical Leave Act of 1993"(P.L. 103.3)or addressed under Section 2.08,an Enrollee wil I not be covered for any dental services received while a Primary Enrollee is on strike, lay-off or leave of absence. Contractholder must inform Delta Dental of any change in eligibility as required under section 2.01. Benefits for such Primary Enrollee and his/her Eligible Dependents will resume as follows: • If coverage is reactivated in the same Calendar Year,deductibles and maximums will resume as if the Primary Enrollee were never gone. • If coverage is reactivated in a different Calendar Year,new deductibles and maximums will apply. Coverage will resume the first day of the month after the Primary Enrollee returns to work provided the Primary Enrollee submits to Delta Dental an enrollment card requesting that coverage be reactivated. If an employee is rehired within the same Calendar Year,deductibles and maximums will resume as if the Primary Enrollee was never gone. 2.07 A Primary Enrollee loses coverage one month from the date of termination of employment or on the day this Contract is terminated. Dependent Enrollees lose coverage along with the Primary Enrollee or on the date dependent status is lost. Termination of Benefits on Loss of Eligibility Delta Dental will not pay for Benefits for any services received by a patient who is not an Enrollee at the time of treatment except for a Single Procedure incurred when the patient was covered if such procedure is completed within 31 days of the date coverage ends.A dental service is incurred as follows: • for an appliance(or change to an appliance),at the time the impression is made; • for a crown, bridge or cast restoration,at the time the tooth or teeth are prepared; • for root canal therapy,at the time the pulp chamber is opened;and • for all other dental services, at the time the service is performed or the supply famished. Contractholder wit I reimburse Delta Dental for any payments made because of errors in Con tractholder's reports under Section 2.0I. 2.08 Continued Coverage Under USERRA As required under the Uniformed Services Employment and Reemployment Rights Act of 1994(USERRA), if a Primary Enrollee is covered by this Contract on the date his or her USERRA leave of absence begins,the Primary Enrollee may continue dental coverage for himself or herself and any covered dependents. Continuation of coverage under USERRA may not extend beyond the earlier of:24 months beginning on the date the leave of absence begins or the date the Primary Enrollee fails to return to work within the time required by USERRA. For USERRA leave that extends beyond 31 days,the Premium for continuation of coverage will be the same as for COBRA coverage. TX-DPO-C(2006) 7 17182 2.09 Continuation of Coverage under COBRA When the Eligible Employees of Contractholder are covered under the Consolidated Omnibus Budget Reconciliation Act of 1985,then in consideration of the payments specified in Article 3,Delta Dental agrees to provide the Benefits to Enrollees who elect continued coverage pursuant to this section. • Right to Continue. (1) Coverage may continue in accordance with the following provisions when: a) the Primary Enrollee or Dependent Enrollee becomes ineligible for coverage under this Contract due to a Qualifying Event. i) "Qualifying Event" means one of the following events, if it would otherwise result in a Qualified COBRA Beneficiary's loss of coverage under this Contract: • the Primary Enrollee's termination of employment; • the Primary Enrollee's death; • divorce or legal separation from the Primary Enrollee,or the Primary Enrollee terminates a qualified domestic partnership; • the Primary Enrollee becoming entitled to Medicare benefits; • a dependent child ceasing to meet the description of a dependent child;or • a bankruptcy proceeding under Title 11,United States Code with respect to Contractholder,which results in a substantial elimination of coverage(within one year before or one year after the date of commencement of the proceeding)of a retired Primary Enrollee(who retired on or before the date of substantial elimination of coverage),or of a Dependent Enrollee of a retired Primary Enrollee. ii) "Qualified Beneficiary"means the Primary Enrollee and any Dependent Enrollee who is entitled to continue coverage under this Contract from the date of the Primary Enrollee's first Qualifying Event. It also includes the Primary Enrollee's natural child, legally adopted child or child placed for the purpose of adoption when the new child: • is acquired during the Primary Enrollee's 18 or 29 month continuation period;and • is enrolled for coverage in accordance with the terms of this Contract. But it does not include the Primary Enrollee's new spouse, stepchild or foster child acquired during the continuation period,whether or not the new Dependent is enrolled for coverage. b) this Contract remains in force. • Continuation Periods. The maximum period of continued coverage for each Qualifying Event will be as follows: (1) Termination of Employment. When eligibility ends due to the Primary Enrollee's termination of employment; then coverage for the Primary Enrollee and any Dependent Enrollee may be continued for up to 18 months, from the date employment ended.Termination of employment includes a reduction in hours or retirement. However,exceptions apply as follows; a) Misconduct. If the Primary Enrollee's termination of employment is for gross misconduct,coverage may not be continued for the Primary Enrollee or any Dependent Enrollee. b) Disability. "Disability"or"Disabled"as used in this section will be as defined by Title II or XVI of the Social Security Act and determined by the Social Security Administration. i) If the Primary Enrollee: • becomes disabled by the 60th day after his or her employment ends;and • is covered for Social Security Disability Income benefits; then coverage for the Primary Enrollee and any Dependent Enrollees may be continued for up to 29 months from the date the Primary Enrollee's employment ended. ii) If the Dependent Enrollee: • becomes disabled by the 60th day after the Primary Enrollee's employment ends; and • is covered for Social Security Disability Income benefits; then coverage for that Dependent Enrollee,the Primary Enrollee and any other Dependent Enrollees may be continued for up to 29 months from the date the Primary Enrollee's employment ended. However, in the case of a newborn child or an adopted child,the 60 day period as stated above will begin on the date of birth or on the date Eligible Person becomes party in a suit to adopt a child. iii) If the Primary Enrollee or Dependent Enrollee becomes disabled as described above in i)or ii) respectively,the Primary Enrollee must send the Contractholder a copy of the Social Security Administration's letter: • within 60 days after they find that the Primary Enrollee or Dependent Enrollee is disabled,and before the 18 month continuation period expires;and again TX-DPO-C(2006) 8 17182 F • within 31 days after they find that he or she is no longer disabled. c) Subsequent Qualifying Event. If the Primary Enrollee's Dependent: i) is a Qualified Beneficiary;and ii) has a subsequent Qualifying Event during the 18 or 29 month continuation period; then coverage for that Dependent Enrollee may be continued for up to 36 months from the date the Primary Enrollee's employment ended. (2) Loss of Dependent Eligibility. If a Dependent Enrollee's eligibility ends due to a Qualifying Event other than the Primary Enrollee's termination of employment,then that Dependent Enrollee's coverage may be continued for up to 36 months from the date of the event. Such events may include: a) the Primary Enrollee's death,divorce or Medicare entitlement;and b) a child reaching the age limit,getting married or ceasing to be a full-time student. The Primary Enrollee must notify the Contractholder within 60 days of a divorce or child's ceasing to be an Eligible Dependent(as defined by this Contract).One or more subsequent Qualifying Events may occur during the Dependent Enrollee's 36 month period of continued coverage, but coverage may not be continued beyond 36 months from the date of the first event. (3) Medicare Entitlement. If the Primary Enrollee's eligibility under this Contract ends when he or she becomes entitled to Medicare benefits,then coverage may not be continued for the Primary Enrol lee, but coverage may be continued for any Dependent Enrollees for up to 36 months from the Primary Enrollee's Medicare entitlement date. a) If the Primary Enrollee's eligibility under this Contract continues beyond Medicare entitlement but later ends upon termination of employment or retirement,then any Dependent Enrollee may continue coverage for up to: (i) 36 months from the Primary Enrollee's Medicare entitlement date;or (ii) 18 months from the date the Primary Enrollee's employment ended(whichever is later). • Election. (1) To continue coverage,the Primary Enrollee or Dependent Enrollees must notify the Contractholder of such election within 60 days from the later of: a) the date of the Qualifying Event; b) the date of loss of coverage;or c) the date the Contractholder sends notice of the right to continue. (2) Continued coverage elected under this section will be effective on the date after the person's coverage under this Contract would otherwise terminate due to the occurrence of a Qualifying Event, provided: a) the person has notified the Contractholder within the applicable time period stated above,and b) initial Premium for continued coverage has been received within 45 days after the person's notification. • Termination. Continued coverage will end at the earliest of the following dates: (1) the end of the maximum period for continued coverage shown above; (2) the date this Contract terminates; (3) the last day of the period for which Premium has been paid, if any Premium is not paid when due; (4) the date after the date of the initial election to continue coverage on which the Primary Enrollee or Dependent Enrollee: a) first becomes covered under any other group dental plan; or b) first becomes eligible for benefits for Medicare. Once coverage ends, it cannot be reinstated. ARTICLE 3 MONTHLY PREMIUMS 3.01 Contractholder will remit the monthly Premium in the amount and manner shown in Appendix A for all Primary Enrollees and Dependent Enrollees to: Delta Dental Insurance Company Post Office Box 7564 San Francisco,CA 94120 Delta Dental will receive a full month's Premium for Enrollees whose coverage is effective on the first(1')through the 151h calendar day of a month. Premiums are not due to Delta Dental for Enrollees who are enrolled on the 16'"through the last day of a month. TX-DPO-C(2006) 9 17182 Delta Dental will receive a full month's Premium for Enrollees whose coverage is terminated on the 16"through the last calendar day of a respective month. Premiums are not due to Delta Dental for Enrollees whose enrollment is terminated on the first(I")through the 15'h day of a month. 3.02 This Contract will not be in effect until Delta Dental receives the first month's Premiums. Subsequent Premiums will be paid by the first day of each month.For each Premium after the first,a grace period of 31 days from the due date will be allowed for the payment of the Premium.This Contract will continue in force during this period; if the Premium remains unpaid at the end of the grace period,this Contract may be terminated by Delta Dental in accordance with the notice requirements of Section 8.01. 3.03 If this Contract is terminated before the end of a Contract Term, Contractholder will pay additional charges in accordance with Article 8. 3.04 Delta Dental will not be responsible or liable for any incorrect, obsolete or unreadable data or information supplied to Delta Dental including,but not limited to,eligibility and enrollment information. 3.05 Delta Dental may change the rate of monthly Premium whenever the Contract is amended as stated in Article 3.06 by giving the Contractholder 60 days written notice or whenever the Contractholder requests a change in benefits. Any change in Premium shall not be effective during a Contract Term unless Contractholder and Delta Dental agree in writing,except as provided in Articles 3.06 and 3.07. 3.06 Premiums are based on the number of covered employees at the beginning of each Contract Term. If the Contractholder reports a 15 percent addition or reduction in the number of covered Primary Enrollees for three(3)months in a row, Delta Dental may propose a choice of changes in Premiums or Benefits to remedy the increase in cost per person which may result from the difference in the number of enrolled employees. Within 31 days, Contractholder will select one of the choices by written notice to Delta Dental.If Contractholder fails to do so,Delta Dental may select one of the choices by written notice to Contractholder.This Contract will be modified for all dental services predetermined and paid after notice. 3.07 If during the Contract Term any new or increased tax is imposed on the amounts payable to Delta Dental under this Contract,the amount stated in Appendix A will be increased by the amount of any such new or increased tax. ARTICLE 4 BENEFITS,LIMITATIONS AND EXCLUSIONS 4.01 Subject to the limitations and exclusions in this Contract,Delta Dental will pay the Benefits stated for each type of dental service described below when provided by a Dentist and when necessary and customary under generally accepted dental practice standards. Delta Dental may use dental consultants to review treatment plans,diagnostic materials and/or prescribed treatments or to determine generally accepted dental practices. Additional eligibility periods, if any,for specific services are shown in Appendix A. If an Enrollee receives dental services from a Dentist outside the state of Texas,the Dentists will be reimbursed according to Delta Dental's network payment provisions for said state according to the terms of this Contract. If a primary dental procedure includes component procedures that are performed at the same time as the primary procedure,the component procedures are considered to be part of the primary procedure for purposes of determining the benefit payable under this Contract. Even if the Dentist bills separately for the primary procedure and each of its component parts,the total benefit payable for all related charges will be limited to the maximum benefit payable for the primary procedure. 4.02 No change in Benefits will become effective during a Contract Term unless Contractholder and Delta Dental agree in writing. TX-DPO-C(2006) 10 17182 f 4.03 Enrollee Coinsurance Delta Dental's provision of Benefits is limited to the applicable percentage of Dentist's fees or allowances specified in Appendix A.The Enrollee is responsible for paying the balance of any such fee or allowance,known as the"Enrollee Coinsurance".Contractholder has chosen to require patient Coinsurances under this program as a method of sharing the costs of providing dental Benefits between Contractholder and Enrollees.If the Dentist discounts,waives or rebates any portion of the Enrollee Coinsurance to the Enrollee,Delta Dental will be obligated to provide as Benefits only the applicable percentages of the Dentist's fees or allowances reduced by the amount of such fees or allowances that is discounted,waived or rebated. 4.04 Benefits Delta Dental will pay or otherwise discharge the percentage shown in Appendix A of the Contract Allowance for the following services: LOW PLAN • Diagnostic and Preventive Benefits (1) Diagnostic: procedures to aid the Dentist in choosing required dental treatment. (2) Preventive: cleaning(periodontal cleaning in the presence of inflamed gums is considered to be a Maior Benefit for payment purposes),topical application of fluoride solutions,space maintainers,bitewing x-rays and cephalometric x-rays. (3) Sealants: topically applied acrylic,plastic or composite materials used to seal developmental grooves and pits in permanent molars for the purpose of preventing decay. • Basic Benefits (1) Simple Extractions: extractions of erupted tooth or exposed root. (2) Palliative: treatment to relieve pain, (3) Restorative: amalgam,synthetic porcelain and plastic restorations(fillings). (4) Other Basic Services: full-mouth or panoramic x-rays,all other x-rays(except bitewings& cephalometric x-rays). • Major Benefits (1) Oral Surgery: extractions(excluding simple extractions)and other surgical procedures (including pre-and post-operative care). (2) General Anesthesia or when administered by a Dentist for covered oral surgery or selected endodontic IV Sedation: and periodontal surgical procedures. (3) Endodontics: treatment of the tooth pulp. (4) Periodontics: treatment of gums and bones supporting teeth. (5) Crowns,Inlays/Onlays treatment of carious lesions(visible decay of the hard tooth structure)when and Cast Restorations: teeth cannot be restored with amalgam,synthetic porcelain or plastic restorations,prefabricated stainless steel restorations for treatment of carious lesions(visible destruction of hard tooth structure resulting from the process of decay). (6) Prosthodontics: procedures for construction of fixed bridges,partial or completed dentures and the repair of fixed bridges; implant surgical placement and removal;and for implant supported prosthetics, including implant repair and recementation. (7) Denture Repairs: repair to partial or complete dentures, including rebase procedures and relining. TX-DPO-C(2006) 11 17182 1 = Additional benefits for specific medical conditions-When an Enrollee has any of the following medical conditions, Delta Dental will pay for additional services to help improve the oral health of the Enrollee.The additional services each Calendar Year while the Enrollee is covered under this Contract include:one(1)additional oral exam and either one(1)additional routine cleaning or one(1)additional periodontal scaling and root planing per quadrant.Written confirmation must be provided by the Enrollee or his/her dentist when the claim is submitted. (1) cardiovascular disease; (2) cerebrovascular disease; (3) diabetes; (4) chronic kidney disease; (5) organ transplant; (6) head&neck cancer radiation; (7) pregnancy. LIMITATIONS • Limitations on Diagnostic and Preventive Benefits: (1) Delta Dental will pay for routine oral examinations and cleanings(including periodontal cleanings)no more than four(4)times in a Calendar Year while the person is an Enrollee under any Delta Dental program or dental care program provided by the Contractholder, Note that periodontal cleanings are covered as a Major Benefit and routine cleanings are covered as a Diagnostic and Preventive Benefit. See"Additional benefitsfor specific medical conditions". (2) Bitewing x-rays are provided twice in a Calendar Year for each Enrollee. (3) Topical application of fluoride solutions is limited to once in a Calendar Year for Enrollees under age 14. (4) Space maintainers are limited to the initial appliance only for an Enrollee under age 14. (5) Sealants are limited to once in a lifetime for permanent bicuspids or molar teeth through age 15 if they are without cavities or restorations on the occlusal surface. Sealants do not include repair or replacement of a sealant on any tooth. • Limitations on Basic Benefits: (1) Full-mouth x-rays or panoramic x-rays are limited to once every five(5)years while the person is an Enrollee under any Delta Dental program. (2) Delta Dental will not pay to replace an amalgam,synthetic porcelain or plastic restorations(fillings)within 12 months of treatment if the service is provided by the same Dentist. • Limitations on Major Benefits: (1) Benefits for periodontal scaling and root planing in the same quadrant are limited to once in every 36-month period. See"Additional benefits for specific medical conditions". (2) Delta Dental will not pay to replace prefabricated stainless steel restorations within 36 months of treatment if the service is provided by the same Dentist. (3) Delta Dental will not pay to replace any crowns,inlays/onlays,or cast restorations which the Enrollee received in the previous five(5)years under any Delta Dental program or any program of the Contractholder. (4) Prosthodontic appliances and/or implants that were provided under any Delta Dental program will be replaced only after five(5)years have passed,except when Delta Dental determines that there is such extensive loss of remaining teeth or change in supporting tissue that the existing fixed bridge or denture cannot be made satisfactory. Replacement of a prosthodontic appliance and/or implant supported prosthesis not provided under a Delta Dental program will be made if Delta Dental determines it is unsatisfactory and cannot be made satisfactory. Delta Dental will pay for the removal of an implant once for each tooth during the Enrollee's lifetime. (5) Delta Dental limits payment for dentures to a standard partial or denture(coinsurances apply).A standard denture means a removable appliance to replace missing natural, permanent teeth that is made from acceptable materials by conventional means. TX-DPO-C(2006) 12 17182 HIGH PLAN • Diagnostic and Preventive Benefits (1) Diagnostic: procedures to aid the Dentist in choosing required dental treatment. (2) Preventive: cleaning(periodontal cleaning in the presence of inflamed gums is considered to be a Basic Benefit for payment purposes),topical application of fluoride solutions,space maintainers,bitewing x-rays and cephalometric x-rays. (3) Sealants: topically applied acrylic,plastic or composite materials used to seal developmental grooves and pits in permanent molars for the purpose of preventing decay. • Basic Benefits (1) Oral Surgery: extractions and other surgical procedures(including pre-and post-operative care). (2) General Anesthesia or when administered by a Dentist for covered oral surgery or selected endodontic IV Sedation: and periodontal surgical procedures. (3) Endodontics: treatment of the tooth pulp. (4) Periodontics: treatment of gums and bones supporting teeth. (5) Palliative: treatment to relieve pain. (6) Restorative: amalgam,synthetic porcelain and plastic restorations(fillings). (7) Other Basic Services: full-mouth or panoramic x-rays,all other x-rays(except bitewings& cephalometric x-rays). • Major Benefits (1) Crowns,Inlays/Onlays treatment of carious lesions(visible decay of the hard tooth structure)when and Cast Restorations: teeth cannot be restored with amalgam,synthetic porcelain or plastic restorations,prefabricated stainless steel restorations for treatment of carious lesions(visible destruction of hard tooth structure resulting from the process of decay). (2) Prosthodontics: procedures for construction of fixed bridges,partial or completed dentures and the repair of fixed bridges; implant surgical placement and removal; and for implant supported prosthetics, including implant repair and recementation. (3) Denture Repairs: repair to partial or complete dentures,including rebase procedures and relining. • Orthodontic Benefits Procedures performed by a Dentist using appliances to treat malocclusion of teeth and/or jaws which significantly interferes with their function. Additional benefits forspecific medical conditions-When an Enrollee has any of the following medical conditions, Delta Dental will pay for additional services to help improve the oral health of the Enrollee.The additional services each Calendar Year while the Enrollee is covered under this Contract include:one(1)additional oral exam and either one(1)additional routine cleaning or one(1)additional periodontal scaling and root planing per quadrant.Written confirmation must be provided by the Enrollee or his/her dentist when the claim is submitted. (1) cardiovascular disease; (2) cerebrovascular disease; (3) diabetes; (4) chronic kidney disease; (5) organ transplant; (6) head&neck cancer radiation; (7) pregnancy. TX-DPO-C(2006) 13 17182 LIMITATIONS • Limitations on Diagnostic and Preventive Benefits: (1) Delta Dental will pay for routine oral examinations and cleanings(including periodontal cleanings)no more than four(4)times in a Calendar Year while the person is an Enrollee under any Delta Dental program or dental care program provided by the Contractholder. Note that periodontal cleanings are covered as a Basic Benefit and routine cleanings are covered as a Diagnostic and Preventive Benefit. See"Additional benefusfor specific medical conditions". (2) Bitewing x-rays are provided once in a Calendar Year for each Enrollee. (3) Topical application of fluoride solutions is limited to twice in a Calendar Year for Enrollees under age 14. (4) Space maintainers are limited to the initial appliance only for an Enrollee under age 14. (5) Sealants are limited to once in a lifetime for permanent bicuspids or molar teeth through age 15 if they are without cavities or restorations on the occlusal surface. Sealants do not include repair or replacement of a sealant on any tooth. • Limitations on Basic Benefits: (1) Full-mouth x-rays or panoramic x-rays are limited to once every five(5)years while the person is an Enrollee under any Delta Dental program. (2) Delta Dental will not pay to replace an amalgam,synthetic porcelain or plastic restorations(fillings)within 12 months of treatment if the service is provided by the same Dentist. (3) Benefits for periodontal scaling and root planing in the same quadrant are limited to once in every 36-month period. See"Additional benefits for specific medical conditions". • Limitations on Major Benefits: (l) Delta Dental will not pay to replace prefabricated stainless steel restorations within 36 months of treatment if the service is provided by the same Dentist. (2) Delta Dental will not pay to replace any crowns, inlays/onlays,or cast restorations which the Enrollee received in the previous five(5)years)under any Delta Dental program or any program of the Contractholder. (3) Prosthodontic appliances and/or implants that were provided under any Delta Dental program will be replaced only after five(5)years have passed,except when Delta Dental determines that there is such extensive loss of remaining teeth or change in supporting tissue that the existing fixed bridge or denture cannot be made satisfactory. Replacement of a prosthodontic appliance and/or implant supported prosthesis not provided under a Delta Dental program will be made if Delta Dental determines it is unsatisfactory and cannot be made satisfactory. Delta Dental will pay for the removal of an implant once for each tooth during the Enrollee's lifetime. (4) Delta Dental limits payment for dentures to a standard partial or denture(coinsurances apply).A standard denture means a removable appliance to replace missing natural, permanent teeth that is made from acceptable materials by conventional means. • Limitations on Orthodontic Benefits: (1) The maximum amount payable for each Enrollee during the Enrollee's lifetime is specified in the Appendix A. (2) Orthodontic Benefits will be provided in two(2) payments after the person becomes covered(the initial payment at the banding date and the second in 12 months);however,for treatment plans of less than$500 or when the treatment plan is 12 months or less,one(1)payment will be made. (3) Benefits are not paid to repair or replace any orthodontic appliance received under this program. (4) Benefits are not provided for orthodontic retreatment procedures. (5) Non-orthodontic procedures performed for the purpose of orthodontic treatment are subject to the Orthodontic coinsurance and lifetime maximum if covered as Benefits under Delta Dental's standard processing policies. TX-DPO-C(2006) 14 17182 ALL PLANS 4.05 Limitations on All Benefits-Optional Services: Services that are more expensive than the form of treatment customarily provided under accepted dental practice standards are called"Optional Services".Optional Services also include the use of specialized techniques instead of standard procedures. For example: • a crown where a filling would restore the tooth; • a precision denture/partial where a standard denture/partial could be used; • an inlay/onlay instead of an amalgam restoration. If an Enrollee receives Optional Services,Benefits will be based on the lower cost of the customary service or standard practice instead of the higher cost of the Optional Service,The Enrollee will be responsible for the difference between the higher cost of the Optional Service and the lower cost of the customary service or standard procedure. 4.06 Exclusions Delta Dental does not pay Benefits for: • treatment of injuries or illness covered by workers' compensation or employers' liability laws;services received without cost from any federal,state or local agency,except for services covered by the Medical Assistance Act of 1967, as amended(Article 695j-1,Vernon's Texas Civil Statutes). Delta Dental will reimburse the Texas Department of Human Services for the cost of services paid by the Department under the said Act to the extent such costs are for services which are Benefits under this Contract. If the Texas Department of Human Services is paying benefits pursuant to Chapters 31 and 32 of the Human Services Code(financial and medical assistance programs administered pursuant to the Human Services code)and a parent who is covered by the group policy has possession or access to a child pursuant to a court order,or is entitled to access or possession of a child and is required by the court to pay child support,then all benefits paid on behalf of the child or children must be paid to the Texas Department of Human Services. • cosmetic surgery or procedures for purely cosmetic reasons. • services for congenital (hereditary)or developmental(following birth)malformations, including but not limited to cleft palate,upper and lower jaw malformations,enamel hypoplasia(lack of development),fluorosis(a type of discoloration of the teeth)and anodontia(congenitally missing teeth), unless the service is provided to a newborn or adopted dependent child for treatment of a medically diagnosed congenital defect. • treatment to restore tooth structure lost from wear,erosion,or abrasion; treatment to rebuild or maintain chewing surfaces due to teeth out of alignment or occlusion;or treatment to stabilize teeth.For example:equilibration, periodontal splinting. • any Single Procedure started prior to the date the patient became eligible for services under this program. • prescribed drugs, medication, pain killers or experimental procedures. • charges by any hospital or other surgical or treatment facility and any additional fees charged by the Dentist for treatment in any such facility. • charges for anesthesia,other than general anesthesia and 1V sedation administered by a licensed Dentist in connection with covered oral surgery or selected endodontic and periodontal surgical procedures. • extraoral grafts (grafting of tissues from outside the mouth to oral tissues). • treatment by someone other than a Dentist or a person who by law may work under a Dentist's direct supervision, • charges incurred for oral hygiene instruction,a plaque control program, dietary instruction,x-ray duplications, cancer screening or broken appointments. TX-DPO-C(2006) 15 17182 • services or supplies covered by any other health plan of the Contractholder. • services for Orthodontic treatment(treatment of malocclusion of teeth and/or jaws)except as provided under the Orthodontic Benefit section, if applicable. • services for any disturbance of the temporomandibular(jaw)joints or associated musculature,nerves and other tissues (MPD-TMJ). ARTICLE 5 DEDUCTIBLE,MAXIMUM,&COORDINATION OF BENEFITS 5.01 Deductible As shown on Appendix A, Delta Dental will not pay Benefits for the deductible amount of the Dentist's Contract Allowance for services received each Calendar Year by an Enrollee.The annual maximum deductible per family, if any, is shown in Appendix A. Only fees an Enrollee pays for services that are described under Article 4 will count toward the deductible. 5.02 Maximum Delta Dental will pay the maximum amount(s)shown in Appendix A per Enrollee for all Benefits under this Contract. 5.03 Coordination of Benefits Delta Dental coordinates the Benefits under this Contract with an Enrollee's benefits under any other group pre-paid plan or insurance policy designed to fully integrate with other policies. Benefits under one of the plans may be reduced so that combined coverage does not exceed the Dentist's total fees for covered services. If this is the"primary" plan, Delta Dental will not reduce Benefits, but if the other plan is the primary one,Delta Dental will reduce Benefits otherwise payable under this Contract.The reduction will be the amount paid for or provided under the terms of the primary plan for covered services under Article 4. Order of Benefit Determination Rules: The following rules determine which is the"primary"plan: • If the other Plan is not primarily a dental plan,this Plan is primary. • If the other Plan is a dental plan,the following rules are applied: (1) The Plan covering the patient as an employee is primary over a Plan covering the patient as a dependent. (2) The Plan covering the patient as an employee is primary over a Plan which covers the insured person as a dependent;except that: if the insured person is also a Medicare beneficiary,and as a result of the rule established by Title XVIII of the Social Security Act and implementing regulations,Medicare is: a) Secondary to the Plan covering the insured person as a dependent and b) Primary to the Plan covering the insured person as other than a dependent(e.g. a retired employee), then the benefits of the Plan covering the insured person as a dependent are determined before those of the Plan covering that insured person as other than a dependent. (3) Except as stated in paragraph(4),when this Plan and another Plan cover the same child as a dependent of different persons,called parents: a) The benefits of the Plan of the parent whose birthday falls earlier in a year are determined before those of the Plan of the parent whose birthday falls later in that year,but b) If both parents have the same birthday,the benefits of the Plan which covered one parent longer are determined before those of the Plan which covered the other parent for a shorter period of time. (4) In the case of a dependent child of divorced parents,the Plan covering the patient as a dependent of the parent with legal custody,or as a dependent of the custodial parent's spouse(i.e.step-parent)will be primary over the Plan covering the patient as a dependent of the parent without legal custody.If there is a court decree which would otherwise establish financial responsibility for the 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 will be determined before the benefits of any other policy which covers the child as a dependent child. (5) If the specific terms of a court decree state that the parents will share joint custody,without stating that one of the parents is responsible for the health care expenses of the child,the Plans covering the child will follow the order of benefit determination rules outlined in paragraph(3). TX-DPO-C(2006) 16 17182 (6) The benefits of a Plan which covers an insured person as an employee who is neither laid off nor retired are determined before those of a Plan which covers that insured person as a laid off or retired employee.The same would hold true if an insured person is a dependent of a person covered as a retiree and an employee. If the other Plan does not have this rule,and if, as a result,the Plans do not agree on the order of benefits, this Rule (vi) is ignored. (7) If an insured person whose coverage is provided under a right of continuation pursuant to federal or state law also is covered under another plan, the following will be the order of benefit determination: a) First, the benefits of a Plan covering the insured person as an employee,member or subscriber(or as that insured person's dependent); b) Second,the benefits under the continuation coverage. If the other Plan does not have the rule described above,and if, as a result, the Plans do not agree on the order of benefits,this rule is ignored. (8) If none of the above rules determine the order of benefits,the benefits of the Plan which covered an employee longer are determined before those of the Plan which covered that insured person for the shorter term. ARTICLE 6 CONDITIONS UNDER WHICH BENEFITS WILL BE PROVIDED 6.01 Choice of a Dentist Enrollees may choose a Dentist from Delta Dental's panel of DPO Dentists and Premier Dentists,or Enrollees may choose a Non-Delta Dental Dentist.A I ist of Delta Dental Dentists can be obtained by accessing the Delta Dental National Dentist Directory at deltadentalins.com.Enrollees are responsible for verifying whether the selected Dentist is a DPO Dentist or a Premier Dentist. Dentists are regularly added to the panel. Additionally,Enrollees should always confirm with the dentist's office that a listed Dentist is still a contracted DPO Dentist or a Premier Dentist. DPO Dentist The DPO program potentially allows the greatest reduction in Enrollees'out-of-pocket expenses,since this select group of Dentists will provide dental Benefits at a charge which has been contractually agreed upon between Delta Dental and the DPO Dentist. Premier Dentist Low Plan The Premier Dentist has not agreed to the features of the DPO program; however,Enrollees may still receive dental care at a lower cost than if Enrollees use a Non-Delta Dental Dentist.A Premier Dentist can balance bill for the difference between the DPO Dentist's Fee and the Premier Dentist's Approved Amount.This amount may be more than the charge accepted by a DPO Dentist. High Plan The Premier Dentist has not agreed to the features of the DPO program;however, Enrollees may still receive dental care at a lower cost than if Enrollees use a Non-Delta Dental Dentist. Non-Delta Dental Dentist If a Dentist is a Non-Delta Dental Dentist,the amount charged to Enrollees may be above that accepted by the DPO or Premier Dentists.Non-Delta Dental Dentists can balance bill for the difference between the DPO Dentist's Fee(Low Plan), MPA(High Plan) and the Non-Delta Dental Dentist's Approved Amount.For a Non-Delta Dental Dentist, the Approved Amount is the Dentist's submitted charge. Additional advantages of using a DPO Dentist or Premier Dentist • The DPO Dentist and Premier Dentist must accept assignment of Benefits,meaning DPO Dentists and Premier Dentists will be paid directly by Delta Dental after satisfaction of the deductible and coinsurance,and the Enrollee does not have to pay all the dental charges while at the dental office and then submit the claim for reimbursement. • The DPO Dentist and Premier Dentist will complete the dental claim form and submit it to Delta Dental for reimbursement. TX-DPO-C(2006) 17 17182 6.02 Clinical Examination Before approving a claim,Delta Dental may obtain,to such extent as may be lawful,from any Dentist,or from hospitals in which a Dentist's care is provided,such information and records relating to an Enrollee as Delta Dental may require to administer the claim. Or Delta Dental may require that an Enrollee be examined by a dental consultant retained by Delta Dental in or near his community or residence. Such information and records will be kept confidential. 6.03 Notice of Claim Forms Delta Dental will furnish to any Dentist or Enrollee,on request,a standard Claim Form to make a claim for payment of Benefits.To make a claim,the form must be completed and signed by the Dentist who performed the services and by the Enrollee(or the parent or guardian of a minor)and submitted to Delta Dental at the address shown thereon. If Delta Dental does not furnish the form within 15 days after requested by a Dentist or Enrollee,the requirements for proof of loss set forth in section 6.05 of this Contract will be deemed to have been complied with upon the submission to Delta Dental within the time established in said section for filing proof of loss,of written proof covering the occurrence,the character and the extent of the loss for which claim is made.Enrollees may download a Claim Form from Delta Dental's web site. 6.04 Pre-Treatment Estimate A Dentist may file a Claim Form before treatment,showing the services to be provided to an Enrollee. Delta Dental will predetermine the amount of Benefits payable under this Contract for the listed services. Benefits will be processed according to the terms of this Contract when the treatment is performed. Pre-Treatment Estimates are valid for 365 days,or until an earlier occurrence of any one of the following events: • the date this Contract terminates; • the date the patient's coverage ends;or • the date the Premier Dentist or DPO Dentist Agreement with Delta Dental ends. 6.05 Written Notice of Claim/Proof of Loss Delta Dental must be given written proof of loss within 12 months after the date of the loss. If it is not reasonably possible to give written proof in the time required,the claim will not be reduced or denied solely for this reason, provided proof is filed as soon as reasonably possible. In any event,proof of loss must be given no later than one year from such time(unless the claimant was legally incapacitated). All written proof of loss must be given to Delta Dental within 12 months of the termination of this Contract. 6.06 Time of Payment Claims payable under this Contract for any loss other than loss for which this Contract provides any periodic payment will be paid no later than 60 days after written proof loss is received. Delta Dental will notify the Primary Enrollee and his/her dentist of any additional information needed to process the claim within this 60 day period. Delta Dental will process the claim within 15 days of receipt of the additional information. If the requested information is not received within 45 days,the claim will be denied. Subject to due written proof of loss,all accrued indemnities for loss for which this Contract provides periodic payment will be paid monthly. 6.07 Claims Appeal Delta Dental will notify the Enrollee and his/her Dentist if Benefits are denied for services submitted on an Claim Form, in whole or in part,stating the reason(s)for denial.The Enrollee or his/her Dentist has 180 days after receiving a notice of denial to appeal it by writing to Delta Dental giving reasons why he/she believes the denial was wrong.The Enrollee and his/her Dentist may ask for copies,at no cost,of any pertinent documents that are relevant to the claim. The Enrollee or his/her Dentist may also ask Delta Dental to examine any additional information he/she includes that may support his/her appeal. Delta Dental will make a full and fair review within 60 days after Delta Dental receives the request for appeal.Delta Dental may ask for more documents if needed. In no event will the decision take longer than 60 days.The review will take into account all comments,documents, records or other information,regardless of whether such information was submitted or considered initially. If the review is of a denial based in whole or in part on lack of dental necessity, experimental treatment or clinical judgement in applying the terms of this Contract,Delta Dental shall consult with a Dentist who has appropriate training and experience.The review will be conducted for Delta Dental by a person who is TX-DPO-C(2006) 18 17182 neither the individual who made the claim denial that is subject to the review,nor the subordinate of such individual. The identity of such dental consultant is available upon request whether or not the advice was relied upon. If the Enrollee believes he/she needs further review of said claim,he/she may contact his/her state insurance regulatory agency if applicable or bring a civil action under section 502(a)of the Employee Retirement Income Security Act of 1974(ERISA)if this Contract is subject to ERISA. 6.08 To Whom Benefits Are Paid Payment for services provided by a DPO Dentist or Premier Dentist will be made directly to the Dentist.Any other payments provided by this Contract will be made to the Primary Enrollee,unless the Primary Enrollee requests when filing proof of loss that the payment be made directly to the Dentist providing the services.All Benefits not paid to the Dentist will be payable to the Primary Enrollee,or to his estate,except that if the person is a minor or otherwise not competent to give a valid release,Benefits may be payable to his parent,guardian or other person actually supporting him. ARTICLE 7 GENERAL PROVISIONS 7.01 Entire Contract; Changes This Contract,including the Application and the attachments listed in Article 9,is the entire agreement between the parties. No agent has authority to change this Contract or waive any of its provisions.No change in this Contract will be valid unless approved in writing signed by an authorized representative of Contractholder and by an executive officer of Delta Dental. 7.02 Severability If any part of this Contract or an amendment of it is found by a court or other authority to be illegal,void or not enforceable,all other portions of this Contract will remain in full force and effect. 7.03 Conformity With State Laws All legal questions about this Contract will be governed by the state of Texas where this Contract was entered into and is to be performed.Any part of this Contract which,on its Effective Date,conflicts with the laws of Texas is hereby amended to conform to the minimum requirements of such laws. 7.04 Misstatements on Application; Effect In the absence of fraud,all statements made by the Contractholder or Enrollee will be deemed representations and not warranties. No such statement will be used in defense to a claim under this Contract, unless it is contained in a written instrument signed by the Contractholder or Enrollee,a copy of which has been furnished to such Contractholder or Enrollee. 7.05 Misstatement of Age If the age of the Enrollee has been misstated,all amounts payable under the contract shall be such as the premium paid would have purchased at the correct age. 7.06 Legal Actions No action at law or in equity will be brought to recover on this Contract before 60 days after proof of loss has been filed in accordance with requirements of this Contract;nor will an action be brought at all unless brought within three years of the expiration of time the written proof of loss was due under this Contract. 7.07 Not in Lieu of Workers'Compensation This Contract is not in lieu of and does not affect any requirements for coverage by workers' compensation insurance. TX-DPO-C(2006) 19 17182 7.08 Certificate of Insurance Delta Dental will issue to the Contractholder an electronic copy containing a certificate summarizing the Benefits to which he is entitled and to whom Benefits are payable. Each Primary Enrollee will have electronic access to the certificate. The certificate is not assignable and the Benefits are not assignable prior to a claim. If any amendment to this Contract will materially affect any Benefits described in the certificate,new certificates or riders showing the change will be issued. 7.09 Publications About Program Contractholder and Delta Dental agree to consult as is reasonably practical on all material published or distributed about this Contract.No material will be published or distributed which conflicts with the terms of this Contract. 7.10 Professional Relationship Contractholder and Delta Dental agree to permit and encourage the professional relationship between Dentist and patient to be maintained without interference. 7.11 Notice; Where Directed All formal notice under this Contract must be in writing and sent by first-class United States mail,overnight delivery service,or personal delivery.Notice by United States mail will be effective 48 hours after mailing with fully prepaid postage to: DELTA DENTAL INSURANCE COMPANY I I30 Sanctuary Parkway Suite 600 Alpharetta,Georgia 30009 Notice directed to Contractholder shall be sent to: CITY OF FORT WORTH 1000 Throckmorton Street Fort Worth, TX 76102 7.12 Indemnification Contractholder will,to the extent allowed under Texas Law, indemnify,defend and hold harmless Delta Dental, its directors,officers,employees, agents and affiliated companies against any and all claims,demands, liabilities,costs, damages and causes of action or administrative proceedings whatsoever, including reasonable attorney's fees,arising from Contractholder's negligent performance or non-performance of its obligations under this Agreement. Delta Dental will indemnify,defend and hold harmless Contractholder and its directors,officers,employees and agents, against any and all claims,demands, liabilities,costs,damages and causes of action or administrative proceedings whatsoever, including reasonable attorney's fees,arising from Delta Dental's negligent performance or non- performance of its obligations under this Agreement. 7.13 Time Limit On Certain Defenses After this Contract has been in force for two(2)years from the Effective Date, no statement made by the Contractholder will be used to void this Contract. No statement by you,with respect to the an Enrollee's insurability,will be used to reduce or deny a claim or contest the validity of insurance for such Enrollee after that person's coverage has been in effect two(2)years. 7.14 Compliance with Administrative Simplification,Security and Privacy Regulations Contractholder shall comply in all respects with applicable federal,state and local laws and regulations relating to administrative simplification,security and privacy of individually identifiable Enrollee information.The Contractholder agrees that this Contract may be amended as necessary to comply with federal regulations issued under the Health Insurance Portability and Accountability Act of 1996 or to comply with any other enacted administrative simplifications, security or privacy laws or regulations. TX-DPO-C(2006) 20 17182 7.15 Impossibility of Performance Neither party shall be liable to the other or be deemed to be in breach of this Contract for a delay in performance due to a weather related catastrophe or major natural disaster,as defined by the Texas Insurance Commissioner, provided that the party whose performance is affected promptly notifies the other party. Should Delta Dental's performance be affected by a weather related catastrophe or major natural disaster as defined by the Texas Insurance Commissioner, claims-handling deadlines will be extended by 15 days. ARTICLE 8 TERMINATION & RENEWAL 8.01 This Contract maybe terminated only as follows: • By Contractholder upon 30 days written notice. • By Delta Dental, (1) upon 60 days written notice if Contractholder fails to furnish Delta Dental a list of all Enrollees as required under section 2.01;or (2) upon 60 days written notice if Contractholder fails to permit Delta Dental to inspect Contractholder's records as called for under section 2.02;or (3) upon 31 days written notice if Contractholder fails to pay Premiums, in the amount and manner required by Article 3. • By Delta Dental, if Contractholder reports fewer than the Minimum Number of Primary Enrollees shown in Appendix A for three(3)consecutive months. Delta Dental must give Contractholder notice within 15 days after receiving the list of Primary Employees which shows that Delta Dental may terminate on this basis. • By Delta Dental at the end of a contract term upon 60 days written notice. 8.02 In the event this Contract is terminated under the second bullet item in Section 8.0 1,Contractholder will become immediately obligated upon termination to pay Delta Dental for that portion of the monthly Premium which constitutes for the current Contract Term Delta Dental's direct costs of administering this Contract(calculated by subtracting the pure premium from the total premium)multiplied by the remaining number of months from the date of termination to the expiration of the current Contract Term, but the amount will not exceed 25 percent of the total premium for the entire Contract Term. 8.03 If Contractholder notifies Delta Dental that it intends to terminate this Contract upon less than 30 days notice,Section 8.02 will apply as if Delta Dental terminated this Contract under Section 8.01 second bullet. 8.04 Delta Dental will not be required to predetermine services if this Contract is terminated for any cause nor will Delta Dental be required to pay for services performed beyond the termination date except for completion of Single Procedures commenced while this Contract was in effect. 8.05 Delta Dental will provide 180 days advance written renewal notice prior to the end of the initial or any subsequent contract terms indicating if Premiums and/or Benefits will remain the same or change.The Contractholder's payment of the Premium indicated in the renewal notice for the new Contract Term will signify the Contractholder's acceptance of the renewal. If the Contractholder fails to provide written notification to Delta Dental of non-renewal by the date indicated in the renewal letter and/or does not pay the Premiums indicated in the renewal notice with the new Contract Term,Delta Dental will terminate this Contract under 8.01 second bullet, item (3). ARTICLE 4 ATTACHMENTS These documents are attached to this Contract and made a part of it: Appendix A Group Policy Schedule Appendix B Performance Guarantees Appendix C Texas Life,Accident,Health and Hospital Service Insurance Guaranty Association Copy of Application TX-DPO-C(2006) 21 17182 APPENDIX A GROUP POLICY SCHEDULE Contractholder Name: CITY OF FORT WORTH Address: 1000 Throckmorton Street Fort Worth,TX 76102 Group Number: 17182 Effective Date: January 1,2015 Contract Term: The initial Contract Term shall be a 12-month period starting on January 1,2015 and ending on December 31,2015. The 211 Contract Term shall be the 12-month period thereafter starting on January 1,2016 and ending on December 31,2016. The 31 Contract Term shall be the 12-month period thereafter starting on January 1,2017 and ending on December 31,2017 with 2-one year renewal terms that include a not to exceed rate cap of 7.5%. Contractholder's Billing Option(Self-Pay) The Contractholder will submit their own prepared eligibility roster,and remit payment based on that roster. The Contractholder will forward payment(accompanied by the eligibility roster)to Delta Dental,and will not receive an invoice. Enrollee additions,deletions,and changes in status must be clearly and separately identified. Benefits: Low Plan High Plan In-Network Out-of-Network In-Network Out-of-Network Diagnostic&Preventive Benefits: 100% 100% I00% 100% Basic Benefits: 50% 50% 80% 80% Major Benefits: 50% 50% 50% 50% Orthodontic Benefits: Not Covered 50% 50% Deductibles: Per Enrollee per Calendar Year: $50 $50 Per Family per Calendar Year: $150 $150 Any deductible amount satisfied by the Enrollee during the last three(3)months of the year will be applied toward the deductible for the following year. Diagnostic&Preventive Benefits and Orthodontic Benefits,if applicable,are not subject to the deductible. Maximum Amounts: Per Enrollee per Calendar Year: $1,000 $1,500 Diagnostic and Preventive Benefits are not subject to the Calendar Year Maximum Amount. Lifetime for Orthodontic Services Not Covered $1,000 per Enrollee: Lifetime Maximum Takeover Credit: Delta Dental will receive credit for any amounts paid under the Con tractholder's previous dental care contract,if applicable, for Orthodontic Benefits. These amounts will be credited towards the maximum amounts payable for Orthodontic Benefits. Termination: Less than 10 Primary Enrollees. Premiums: ** Monthly Amount: Low Plan High Plan Per Primary Enrollee: $19.85 $29.47 Per Primary Enrollee and Spouse: $37.72 $60.41 Per Primary Enrollee and Child(ren): $43.68 $78.09 Per Primary Enrollee and Family: $61.55 $98.72 "This is a 3-year rate guarantee with 2-one year renewal terms that include a not to exceed rate cap of 7.5% TX-DPO-C(2006) 22 17182 APPENDIX A GROUP POLICY SCHEDULE-Continued Payment Breakdown: Primary Enrollee shall pay: 100%for personal coverage 100%for Dependent coverage Contractholder may charge persons electing continued coverage pursuant to Title X of P.L. 99 as permitted by law. (APPLICABLE TO ENROLLEES IN THE LOW PLAN) MAXIMUM ENHANCEMENT: Delta Dental agrees to annually provide each Enrollee with an increase (hereinafter referred to as "Enhancement") to their Annual Maximum of up to $250 of the unused portion of his/her Annual Maximum from the preceding Calendar Year to a cumulativetotal of$1,000 provided the Enrollee meets the qualifying Conditions listed below. Qualifying Conditions To qualify for an Enhancement,the Enrollee must meet all of the following: • All claims paid on behalf of the Enrollee during the preceding Calendar Year must not exceed$500. • At least one preventive claim for covered dental treatment must have been submitted during the preceding Calendar Year. Grant of the Enhancement • Delta Dental will determine if an Enrollee is entitled to an Enhancement of their individual Annual Maximum based on claims received by March 315`for the preceding Calendar Year.Delta Dental will issue Enhancements within 120 days after the end of the preceding Calendar Year. • If an Enrollee fails to submit a claim for covered dental treatment during a Calendar Year,the Enrollee will not be entitled to receive an Enhancement for that Calendar Year but the Enrollee will retain all Enhancements of their Annual Maximum previously ranted. Use of Enhancement • Claims will be applied first to the satisfaction of the plan's standard Annual Maximum before being applied to any Enhancement(s)and then in the order of the oldest Enhancement. • Enrollees may use an Enhancement only after it has been granted. • Enhancements must be used within 10 years from when it is earned. TX-DPO-C(2006) 23 17182 APPENDIX A GROUP POLICY SCHEDULE-Continued (APPLICABLE TO ENROLLEES IN THE I11CII PLAN) MAXIMUM ENHANCEMENT: Delta Dental agrees to annually provide each Enrollee with an increase (hereinafter referred to as "Enhancement") to their Annual Maximum of up to $250 of the unused portion of his/her Annual Maximum from the preceding Calendar Year to a cumulative total of$1,500 provided the Enrollee meets the qualifying Conditions listed below. Qualifying Conditions To qualify for an Enhancement,the Enrollee must meet all of the following: • All claims paid on behalf of the Enrollee during the preceding Calendar Year must not exceed $500. • At least one preventive claim for covered dental treatment must have been submitted during the preceding Calendar Year. Grant of the Enhancement • Delta Dental will determine if an Enrollee is entitled to an Enhancement of their individual Annual Maximum based on claims received by March 31"for the preceding Calendar Year.Delta Dental will issue Enhancements within 120 days after the end of the preceding Calendar Year. • If an Enrollee fails to submit a claim for covered dental treatment during a Calendar Year,the Enrollee will not be entitled to receive an Enhancement for that Calendar Year but the Enrollee will retain all Enhancements of their Annual Maximum previously ranted. Use of Enhancement . Claims will be applied first to the satisfaction of the plan's standard Annual Maximum before being applied to any Enhancement(s)and then in the order of the oldest Enhancement. • Enrollees may use an Enhancement only after it has been granted. • Enhancements must be used within 10 years from when it is earned. TX-DPO-C(2006) 24 17182 APPENDIX B PERFORMANCE GUARANTEES Effective:January 1,2015 thru December 31,2017 Delta Dental agrees to provide the following levels of service in the performance of its obligations under this contract. Should any of the following service levels not be met, any payment due will be issued in the form of a check, based on the total administration at the end of each contract year. Percent of Service Category Expected Standards/Results Administration at Risk* Implementation The client will monitor and evaluate Delta Dental's Implementation performance and provide feedback via a Delta Dental Client Implementation Satisfaction Survey. Pertinent questions for this guarantee are in the Implementation Team section of the survey. 5% Client satisfaction for each of the criteria above will be deemed as being met given a rating of Good, Very Good or Excellent. Account The assigned Account Manager will partner with the client to Management meet the dental benefit objectives and work on the client's behalf to optimize service levels. Standards of service include: a) Account Manager will provide comprehensive assistance for the client in support of top-tier customer service. 1% (Client Satisfaction Survey item#7) b) Account Manager will provide timely response and follow-up on phone calls and e-mails from the client. 1% (Client Satisfaction Survey item#8). c) Account Manager will meet with the client's benefit staff as needed to meet the client's objectives and oversee 1% the annual open enrollment process, including participation in employee information meetings, if applicable. (Client Satisfaction Survey item#10). d) Account Manager will provide ongoing assistance with 1% any issues escalated by designated benefits contacts. (Client Satisfaction Survey item#11). The client will monitor and annually evaluate the Account Management performance and provide feedback via a Delta Dental Client Satisfaction Survey. Pertinent questions for this guarantee are in the Account Management section of the survey. Client satisfaction for each of the criteria above will be deemed as being met given a rating of Good, Very Good or Excellent. Eligibility 95% of electronic eligibility will be loaded within three (3) 0.5% business days from receipt of data. Guarantee is contingent upon receipt of data in a mutually agreed upon format. Measurement will be on a global basis and reported annually. TX-DPO-C(2006) 25 17182 Percent of Service Category Expected Standards/Results Administration at Risk* Eligibility updates will be completed on average within five (5) 0.5% business days from receipt of data. Guarantee is contingent upon receipt of data in a mutually agreed upon format Measurement will be on a global basis and reported annually. Eligibility updates will be guaranteed with 98% accuracy. 0.5% Guarantee is contingent upon receipt of data in a mutually agreed upon format Measurement will be on a global basis and reported annually. Claims 85% of claims received will be processed within 15 calendar 1% Turnaround days. Claims turnaround is measured from the date of the initial receipt of the claim with complete information to the date the claim is processed. Measurement will be on a global basis and reported annually. Overall Claims 99%financial (dollar) accuracy. 1% Accuracy Financial(dollar) accuracy is calculated from a random sample and defined as the total dollar amount paid correctly in the sample divided by the total dollar amount that should have been paid in the sample. Measurement will be on a global basis and reported annually. 97% payment accuracy. 1% Payment accuracy is calculated from a random sample and defined as the number of claims in the sample without payment errors divided by the total number of claims in the sample. Measurement will be on a global basis and reported annually. 95% processing accuracy. 1% Processing accuracy is calculated from a random sample and defined as the number of claims in the sample without payment or nonpayment errors divided by the total number of claims in the sample. Measurement will be on a global basis and reported annually. Customer 85% of all customer calls to the Contact Center will be 1% Service answered within 30 seconds. Measurement will be on a global basis and reported annually. 90% of Customer Service phone inquiries will be resolved 1% within one (1) business day. Measurement will be on a global basis and reported annually. TX-DPO-C(2006) 26 17182 Percent of Service Category Expected Standards/Results Administration at Risk* Written inquiries will be responded to within an average of 1% seven (7) calendar days of receipt. Measurement will be on a global basis and reported annually. Call abandonment rate will be 5% or less. 1% Measurement will be on a global basis and reported annually. Enrollee 85% of participants that respond to the Enrollee Satisfaction 0.5% Satisfaction Survey will rate Delta Dental overall as Good,Very Good or Excellent. Overall enrollee satisfaction is measured by a survey distributed to a random sampling of enrollees. Measurement will be on a global basis and reported annually. Client Reporting Client-specific reporting package as agreed upon will be 1% provided within 60 days from the close of the established reporting period. Measurement will be on a client-specific basis and reported annually. TOTAL ADMINISTRATION AT RISK 20% City of Fort Worth Measurements of performance guarantees will not begin until the month after all aspects of the implementation process have been completed including: 1) A completed and signed client application 2) All eligibility specifications for reformatting (if reformatting is necessary) 3) Full file history tape prior to processing of claims(if history load is required) Unless specified above, the length of the Performance Guarantee period will follow the term of the sold contract period. * Performance Guarantees apply to Fee-for-Service Plans only;excludes assessments,taxes and commissions, if applicable. Delta Dental will not incur penalties for its failure to meet the terms of these guarantees if this failure is caused by fires,acts of public enemies, acts of God,civil disturbances, labor disputes or by any similar act or event beyond the reasonable control of the client or Delta Dental. TX-DPO-C(2006) 27 17182 APPENDIX C TEXAS LIFE,ACCIDENT,HEALTH AND HOSPITAL SERVICE INSURANCE GUARANTY ASSOCIATION IMPORTANT INFORMATION ABOUT COVERAGE UNDER THE TEXAS LIFE, ACCIDENT, HEALTH AND HOSPITAL SERVICE INSURANCE GUARANTY ASSOCIATION Texas law establishes a system,administered by the Texas Life, Accident,Health and Hospital Service Insurance Guaranty Association(the"Association"),to protect policyholders if their life or health insurance company fails to or cannot meet its contractual obligations.Only the policyholders of insurance companies which are members of the Association are eligible for this protection.However,even if a company is a member of the Association, protection is limited and policyholders must meet certain guidelines to qualify.(The law is found in the Texas Insurance Code, Article 21.28-D.) BECAUSE OF STATUTORY LIMITATIONS ON POLICYHOLDER PROTECTION, IT IS POSSIBLE THAT THE ASSOCIATION MAY NOT COVER YOUR POLICY OR MAY NOT COVER YOUR POLICY IN FULL. Eligibility for Protection by the Association When an insurance company,which is a member of the Association, is designated as impaired by the Texas Commissioner of Insurance,the Association provides coverage to policyholders who are: • Residents of Texas at the time that their insurance is impaired • Residents of other states,ONLY if the following conditions are met: 1. The policyholder has a policy with a company based in Texas; 2. The company has never held a license in the policyholder's state of residence; 3. The policyholder's state of residence has a similar guaranty association; and 4. The policyholder is not eligible for coverage by the guaranty association of the policyholder's state of residence. Limits of Protection by the Association Accident,Accident and Health or Health Insurance: • Up to a total of$200,000 for one or more policies for each individual covered. Life Insurance: • Net cash surrender value up to a total of$100,000 under one or more policies on any one life; or • Death benefits up to a total of$300,000 under one or more policies on any one life. Individual Annuities: • Net cash surrender amount up to a total of$100,000 under one or more policies owned by one contractholder. Group Annuities: • Net cash surrender amount up to$100,000 in allocated benefits under one or more policies owned by one contractholder; or • Net cash surrender amount up to $5,000,000 in unallocated benefits under one contractholder regardless of the number of contracts. THE INSURANCE COMPANY AND ITS AGENTS ARE PROHIBITED BY LAW FROM USING THE EXISTENCE OF THE ASSOCIATION FOR THE PURPOSE OF SALES,SOLICITATION OR INDUCEMENT TO PURCHASE ANY FORM OF INSURANCE. When you are selecting an insurance company,you should not rely on Association coverage. Texas Life, Accident, Health and Hospital Texas Department of Insurance Service Insurance Guaranty Association P.O.Box 149104 6504 Bridge Point Parkway, Suite 450 Austin,Texas 78714-9104 Austin,Texas 78730 800-252-3439 800-982-6362 www.txlifega.org CITY sEcRETARV Z copmAct w. Delta Dental Insurance Company I'DeltaDental's Use ONLY Group#: TX-17182 Alpharetta,GA 30022 Group Dental Insurance Application (770)645-8700 AE: Norma V.Cardenas/KirkLayallee AM. Nola Ray Name of Applicant: City of Fort Worth Fed ID/TIN#: 75-600528 Type of Croup: Employer Type of Industry: Municipality SIC Code; 9190 (employer,association,trust:subrait association by-taws or W vt agreement) Address: 1000 Throckmorton Street Fort Worth Texas 76102 Tarrant - ($U-) Why) (sin+.) (Tv) (c_"r) Name of Contact Person; Maria L.Gray-Benefits Manager Telephone (817)392-7787 Fax No.: (817)392-2624 E-mail Address: maria.gray@fortworthtexas.gov i$filling .dares if.different {Same as above)-Joai=,H'utton@frntworthtexas.gov Contact: . Ioanne Iiinton 1 TPA 0 No ❑Yes Fax: Email- see above Telephone#: 817-392-6275 Contract Effective Date: January 1,2015 Length of Contract: 3 yrs with 2 one-year renewal terms that include a not to exceed rate cap of 7.5% Type of Contract: ®Non Retention ❑Self Funded("ASC') ❑Self Funded with Stop Loss a ❑ Other Program(check one) ❑Delta Dental Premier®("Premier") ❑Other: --------- ------------- Mon[hS`►vitchin ❑__ Fee Basis ❑DPO in/DPO out ®DPO in/MPA out ❑Table of Allowance # ------ -- --- -------------------------------- ------------------•--------- -------------------------------------------------------------------- 7}peofDentist DPO Premier Non-Delta - - - - --•---------- -------------- -------------------------------------------------------------------- Diagnostic&Preventive 100% 100% 100% Sealants - -- --- - - -- - -- __7_----------- ------------ -------------------------------------------- 8Q% 80% 80% ❑Sealants M Endo ®Pedo ®Oral Surgery ---- - ----------------- ----- -- -•-------- -------- -- _:___.... .. - --- - -- - -- - - -- -- --- -- - - - - - - Major 5001. 5Q% -----------------------------------------------50% Endo ❑Perio ❑Oral Surger------------------------------ Benefit - -- - ------ --------------------------------------------------------------- -- Benefit Yearcheck one)) ®Calendar Year El Contract Year Deductible $50_-_•per Enrollee; $I50 per Family or S_q&t Lifetime Waived on D&P ®des ❑no ---- ------------------•--- ---------------------------- --------- ------------------------------------------------------ Annual Maximum $1.500 - - - - - ------------- - - - --- ,- - -- -- - -• - ----------a•--•--•......... --......y0............. ...--- Orthodontics•(check one) ❑not appliceb[e ®adults,children&students children and students onIchildren only �0% I 50% I SQ% I Lifetime Ortho Max: $1,000 Annual Cap: $n/a ---------------------------- ----------------------------------------- --------------------------- ----------- -------------- -- - Waiting Period ❑Basic months ❑Major months ❑Orthodontic months Waiting periods are calculated for each Enrollee from the e„feciNe date reported for the Primary Enrollee. ❑Yes❑No Takeover ®yes*❑no If yes,previous carrier&takeover period: Orthodontics *please check applicable boxes and provide history. ®Deductible Takeover ❑Maximum Takeover ®Orthodontic Takeover ----------•--------------------------------- ---------------------- ----------------------- ------------- ----------------------------------------- Dual Choice ®yes ❑no If yes,name of other carrier: DeltaCare Plan 15A and M74 -- - -- -- ----------------•-----------------•------------••-------------------------------- --- -------- - - --- - --- ------------------- ❑ -yes ®no Missing Tooth Exclusion applies—only teeth extracted under the contract will be covered;-- F®yes ❑no Section 125 - - -----•-------- ------------ ------------------------------ -- ---- -- ----- ---------- ---- -------------- ------------------------ --- ---- ® Special Requests(attach page if necessary):High/Low Plan w/Grp Specific Maximum Enhancement-see attached,41,Qrt Ded Carryover,Non-Std Benefits;Benefits above are High plan and is PPO/MPA/90th;Low Plan is:l'PO/PPO/PPO-Ded$50/5150,AMax$1,000, D&P@lQ0%,Basic@50%;Major @50%.Rates for low plan EO$19.65,ES$37.72,EC$43.68,EF$61.55;Rates below high plan;Elig 1" of the month following DOH;Eligibilty-20 hours or more per week;Employee Eff Date- I month from Date of Hire Employer Contribution: X percentage ❑dollar amount Employee: 0 Dependent: 0 Monthly Rates: ❑Two Tier: EE: $ BE&family: $ ❑ Three Tien EE: $ Two Party: $ Three Party: 0 Four Tier: EE: $29.47 EE&Spouse: $60.41 EE&child(ren): $78.09 EE,Spouse&Child(ren): $98.72 ❑Other(specify type and amount): If ASC:Per primary member$ per month or -%of claims per month (Continued on next page) GRP-DEN-AP-TX-2007 tev 09/07 REG�IVED pEC 15 P,M. Group Dental Application(Continued) Applicant's Name: City of Fort Worth Census 8;916 #of Eligible Employees 2,375 #ofEmployees Participating in Delta Denial's Fee-for-Service Program ------------------------------------------ - ------------ ---------•----------------------------------------------------------------------ea Eligibility: #of Months: or #of Days: Hours/ S ----------------------------------------------------- ---------- --- - ---- ------------------------------------ Employee Effective Date: ❑ 1"day of the month following completion of eligibility ❑Date of hire ❑ la day of month following date of hire ❑Day following completion of eligibility ------------------------------------------------------------ ------- -----• ----------------- ----- - Who is eligible: ®All ❑Class of employees: Employees ®Retired Employees Children to age: 26 Students to age: 26 This program shall become effective only upon issuance of a written agreement executed by a duly authorized officer of Delta Dental. In the absence of fraud or intentional misrepresentation of material fact,the statements in this application are deemed to be representations and not warranties. Any misrepresentation,omission,concealment of fact or incorrect statement which is material to the acceptance of risk may prevent recovery if,had the true facts been known to Delta Dental we would not in good faith have issued the contract at the same premium rate. Except as otherwise limited by the Health Insurance Portability and Accountability Act and its administrative simplification regulations ("HIPAA"),Applicant shall provide DehaDental with Protected Health information("PHI")for the proper implementation,administration and management of the group dental services contract for which Applicant is applying. Delta Dental agrees that the PHI will be held confidential and used or further disclosed only to administer the group dental program as described in the group dental contract or as permitted or required by law.Applicant and Delta Dental shall comply with all the applicable federal and state laws and regulations relating to administrative simplification,security and privacy of PHI,including the terms of any business associate addendum that maybe required as part of the group dental contract to be executed between Applicant and Delta Dental. ® Applicant understands he/she will receive an electronic version of the evidence of coverage booklet for distribution to all employees/ members covered under the contract. Executed this day of ,on '2014 for the Applicant at: Fort Worth,Texas /� I �►A .O and State By: ayi I'1 1�1w1i; �, S�. �-�� 1 Pl�r'Signature: (p/ease prim-Atne and!!/te Acceptedfor Delia Derlcallnsurance Company This 24 day of &- A2 i2x' ,o.� f __ Authorization initials Anthony S.Barth,President,Delta Dental Insurance Company Agent Inform4tion Are you appointed with Delta Dental Insurance Company? ®yes ❑no Agent Name Galla her Benefit Services TIN or SS# ,?� - y � I ]I _ State license# (dappItcable) Signature Telephone# 512-499-8005 Address 221 'StSui reet, te 1980 Austin Texas 78701 Travis Street ( ry) (Sloro) sip (County) — A U Con trct utih0V aatioa �'�J. �a g i C1f}�Se 0 � tZzJI �` y Date �.r•�.. tr . GRP-DEN-AP-TX-2007 N?&C Review CICVk-1 _61 j J `' z , KI Page 1 of 2 Official site of rrie City or rom'Nlc [i,"Ioxa� CITY COUNCIL AGENDA F°RT_— VORT11 COUNCIL ACTION: Approved on 7/22/2014 DATE: 7/22/2014 REFERENCE NO.: C-26884 LOG NAME: 14DENTAL CODE: C TYPE: NON-CONSENT PUBLIC HEARING: NO SUBJECT: Authorize Execution of a Contract with Delta Dental for the Administration of Dental Insurance with Participants Paying All Premiums and No Financial Impact to the City (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the execution of a contract with Delta Dental for the administration of dental insurance with participating employees and retirees paying all premiums and no financial impact to the City. DISCUSSION: The Human Resources Department (HRD) will use this Contract to provide City employees and retirees with access to dental insurance plans. The City of Fort Worth currently contracts with Cigna Insurance to provide employees access to this type of insurance. Having worked with the same carrier for many years, HRD staff determined that it would be in the best interest of City employees and retirees to go out to the market and give all providers an opportunity to compete for the City's business to ensure that City employees are getting the best overall policies and prices. The City issued a Request for Proposals (RFP) on February 19, 2014. This RFP was advertised in the Fort Worth Star-Telegram every Wednesday starting on February 19, 2014 through March 27, 2014. Fifty-nine vendors were solicited from the purchasing database; eight responses were received. The proposals were thoroughly reviewed by an evaluation team consisting of Staff from the following departments: Transportation and Public Works, Fire, Water, Parks and Communiy Services and Human Resources. The evaluation team was provided with resources and assistance by the City's benefits consultant, Arthur J. Gallagher, and by staff in the Human Resources Department and Purchasing Division. The evaluation team ranked the proposals based on the following factors: technical proposals, qualifications, adherence to terms and conditions of the RFP, financial stability, value-added services and pricing competitiveness. Two finalists were selected for presentations. Following the presentations, the evaluation team determined that Delta Dental provides the best overall solution to the City. The proposed contract will offer enhanced dental benefits at reduced costs to City employees and retirees. Delta Dental will provide a three-year rate guarantee through December 31, 2017 with a 7.5 percent rate cap in years four and five. AGREEMENT TERMS - Upon City Council approval, the initial three-year term of this contract shall begin on January 1, 2015 and expire on December 31, 2017. RENEWAL OPTIONS -This contract may be renewed up to two one-year terms at the City's sole discretion. This action does not require specific City Council approval provided that sufficient funds are appropriated for the City to meet its obligations during the renewal period. http://apps.cfwnet.org/council_packet/mc_review.asp?1D=20034&councildate=7/22/2014 6/30/2015 .TJ.1&C Review Page 2 of 2 M/WBE OFFICE -A waiver of the goal for MBE/SBE sub-contracting was requested by the Purchasing Division and approved by the M/WBE Office, in accordance with the BIDE Ordinance, because the purchase of goods or services is from sources where sub-contracting or supplier opportunities are negligible. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that this action does not have material effect on City funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office by: Susan Alanis (8180) Originating Department Head: Brian Dickerson (7783) Additional Information Contact: Margaret Wise (8058) ATTACHMENTS http://apps.cfwnet.org/council_packet/mc_review.asp?ID=20034&councildate=7/22/2014 6/30/2015 ti. 1 t CITY SECRETAW CONTRACT N0.,,.1UL Delta Dental Insurance Company Delta Dental's Use ONLY iAlpharetta,GA 30022 Group Dental Insurance Application Group#: TX- 17182 (770)645-8700 AE: Norma V.Cardenas/Kirk Lavallee AM: Nola Ray Name of Applicant: City of Fort Worth Fed ID/TIN#: 75-600528 Type of Group: Employer Type of Industry: Municipality SIC Code: 9190 (employer,association,trust:submit association by-laws or trust agreement) Address: 1000 Throckmorton Street Fort Worth Texas 76102 Tarrant (Street) (City) (State) (Tap) (co-ty) Name of Contact Person: Maria L.Gray-Benefits Manager Telephone (817)392-7787 Fax No.: (817)392-2624 E-mail Address: maria.gray@fortworthtexas.gov Billing Address ifdifferent: (Same as above)-Joanne.Hmton@fortworthtexas.gov Contact: Joanne Hinton TPA ®No ❑ Yes Fax: E-mail: see above Telephone#: 817-392-6275 -------------------------------------------_------------------------------------------------------------------------------------------------------- Contract Effective Date: January 1,2015 Length of Contract: 3 yrs with 2 one-year renewal terms that include a not to exceed rate cap of 7.5% Type of Contract: ®Non Retention ❑ Self Funded("ASC") ❑ Self Funded with Stop Loss % ❑ Other Program (check one) ❑Delta Dental Premier'("Premier") ❑Other: --------------------------------- __ ]RDental Pro_v-ider Organization-("DPO")----------------------------------Monthly-Switching-0__-_- Fee Basis ❑ DPO in/DPO out ®DPO in/MPA out ❑ Table of Allowance # -------------------------------------- ---------- ----------------------------- -------------------------------------------------------------------- Type of Dentist DPO Premier Non-Delta ---------- ------------- --------------- -------------------------------------------------------------------- Diagnostic&Preventive 100% 100% 100% ® Sealants ------------------------------------------------- ------------- ---------------------------------------------------- ------------------------ Basic 80% 80% 80% ❑ Sealants ®Endo ®Perio ® Oral Surgery - --------------------------------- ---- - --------- --- -----=----------------------------------------------------------------- Major 50% 50% 50% ❑Endo ❑Perio ❑ Oral Surgery - ------------------------------------------------ --------- - -------------------- -------------------------------------------------------------------- Benefit Year(check one) ®Calendar Year ❑Contract Year -------------------------------------- ------------------------------------------------------------------------------------------------------------- Deductible $50 per Enrollee; $150 per Family or $n/a Lifetime Waived on D&P ®yes ❑no ---------------------------------------- - - ------------------------------------------------------------------------------------------------- Annual Maximum $1,500 Orthodontics (check one) ❑ not applicable ®adults,children&students ❑ children and students only ❑ children only 50% I 50% I 50% I Lifetime Ortho Max: $1,000 1 Annual Cap: $n/a ----------------------------------------------------------- - - -- -------------------------------------------------------------------------------- Waiting Period ❑Basic months I ❑Major months I ❑Orthodontic months Waiting periods are calculated for each Enrollee from the effective date reported for the Primary Enrollee. ❑ Yes❑No --------... _----------------------- --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Takeover ®yes* ❑no If yes,previous carrier&takeover period: Orthodontics *please check applicable boxes and provide history. ®Deductible Takeover ❑Maximum Takeover ®Orthodontic Takeover ---------------------------------------------------------------------------------------------------------------------------------------------------- Dual Choice ®yes ❑no If yes,name of other carrier: DeltaCare Plan 15A and M74 ------------------------------------------------------------------------------------------------------------------ - ---------------------------- ---- ❑yes ®no Missing Tooth Exclusion applies—only teeth-extracted-under the contract will-be covered; ®yes ❑ no Section 125 -------------------------- ooth- xclu-o --------------------- --------- the contract be co------- ---------------------- ®Special Requests(attach page if necessary):High/Low Plan w/Grp Specific Maximum Enhancement-see attached,41 Qrt Ded Carryover,Non-Std Benefits;Benefits above are High plan and is PPO/MPA/90th;Low Plan is:PPO/PPO/PPO-Ded$50/$150,AMax$1,000, D&P@100%,Basic@50%;Major @50%.Rates for low plan EO$19.85,ES$37.72,EC$43.68,EF$61.55;Rates below high plan;Elig 11` of the month following DOH;Eligibilty-20 hours or more per week;Employee Eff Date- I month from Date of Hire Employer Contribution: ®percentage ❑dollar amount Employee: 0 Dependent: 0 Monthly Rates: ❑Two Tier: EE: $ EE&family: $ ❑ Three Tier:EE: $ Two Party: $ Three Party: $ ®Four Tier: EE: $29.47 EE&Spouse: $60.41 EE&child(ren): $78.09 EE,Spouse&Child(ren): $98.72 ❑Other(specify type and amount): If ASC:Per primary m mber$ per month or %of claims per month OFFICIAL RECORD (Continued on next page) GRP-DEN-AP-Tx-2007 CITY SECRETARY rev 09/07 FT.WORTH,TX RF CF EC DEC 1 P.M, Group Dental Application(Continued) Applicant's Name: City of Fort Worth Census 8,916 #of Eligible Employees 2,375 #of Employees Participating in Delta Dental's Fee-for-Service Program ---------------------------------------------------------- ----------------------------------------------------------------------------------------- Eligibility: #of Months: or #of Days: Hours/ Sp Req ----------------------------------------------------------------------------------------------------------------------------------------------------- Employee Effective Date: ❑ 11 day of the month following completion of eligibility ❑Date of hire ❑-I'-day-of month following-date-of-hire ❑Da followin com letion of eligibility Who is eligible: ®All ❑Class of employees: Employees ®Retired Employees Children to age: 26 Students to age: 26 This program shall become effective only upon issuance of a written agreement executed by a duly authorized officer of Delta Dental. In the absence of fraud or intentional misrepresentation of material fact,the statements in this application are deemed to be representations and not warranties. Any misrepresentation,omission,concealment of fact or incorrect statement which is material to the acceptance of risk may prevent recovery if,had the true facts been known to Delta Dental we would not in good faith have issued the contract at the same premium rate. Except as otherwise limited by the Health Insurance Portability and Accountability Act and its administrative simplification regulations ("HIPAA"),Applicant shall provide Delta Dental with Protected Health Information("PHI")for the proper implementation,administration and management of the group dental services contract for which Applicant is applying. Delta Dental agrees that the PHI will be held confidential and used or further disclosed only to administer the group dental program as described in the group dental contract or as permitted or required by law.Applicant and Delta Dental shall comply with all the applicable federal and state laws and regulations relating to administrative simplification,security and privacy of PHI,including the terms of any business associate addendum that may be required as part of the group dental contract to be executed between Applicant and Delta Dental. ® .Applicant understands he/she will receive an electronic version of the evidence of coverage booklet for distribution to all employees/ members covered under the contract. Executed this day of wer ,2014 for the Applicant at: Fort Worth,Texas ]l Vkft#.%V- (please City and State By 1.7'print—nalne and title) Gn F Accepted for Delta Dental Insurance Company This day of IAuthorization initials I Anthony S.Barth,President,Delta Dental Insurance Company Agent Information Are you appointed with Delta Dental Insurance Company? ®yes ❑no Agent Name Gallagher Benefit Services TIN or SS# ya q 1 q 7 1 State license# (if applicable) Signature Telephone# 512-499-8005 Address 221 W.6t}'Street,Suite 1980 Austin Texas 78701 Travis (City) (State) (zip) (County) OFFICIAL RECORD CZ���� CITY SECRETARY 00 _ RM TX .�C?� - °°��' Contract Authorize ioa A by' $ 0 Date * 0°°,��1 GRP-DEN-AP-TX-2007 Maty J. Kay , S6Y �Fkq S°�* M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA Fou WoRTH COUNCIL ACTION: Approved on 7/22/2014 DATE: 7/22/2014 REFERENCE NO.: C-26884 LOG NAME: 14DENTAL CODE: C TYPE: NON-CONSENT PUBLIC HEARING: NO SUBJECT: Authorize Execution of a Contract with Delta Dental for the Administration of Dental Insurance with Participants Paying All Premiums and No Financial Impact to the City (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the execution of a contract with Delta Dental for the administration of dental insurance with participating employees and retirees paying all premiums and no financial impact to the City. DISCUSSION: The Human Resources Department(HRD)will use this Contract to provide City employees and retirees with access to dental insurance plans. The City of Fort Worth currently contracts with Cigna Insurance to provide employees access to this type of insurance. Having worked with the same carrier for many years, HRD staff determined that it would be in the best interest of City employees and retirees to go out to the market and give all providers an opportunity to compete for the City's business to ensure that City employees are getting the best overall policies and prices. The City issued a Request for Proposals (RFP) on February 19, 2014. This RFP was advertised in the Fort Worth Star-Telegram every Wednesday starting on February 19, 2014 through March 27, 2014. Fifty-nine vendors were solicited from the purchasing database; eight responses were received. The proposals were thoroughly reviewed by an evaluation team consisting of Staff from the following departments: Transportation and Public Works, Fire, Water, Parks and Communiy Services and Human Resources. The evaluation team was provided with resources and assistance by the City's benefits consultant, Arthur J. Gallagher, and by staff in the Human Resources Department and Purchasing Division. The evaluation team ranked the proposals based on the following factors: technical proposals, qualifications, adherence to terms and conditions of the RFP, financial stability, value-added services and pricing competitiveness. Two finalists were selected for presentations. Following the presentations, the evaluation team determined that Delta Dental provides the best overall solution to the City. The proposed contract will offer enhanced dental benefits at reduced costs to City employees and retirees. Delta Dental will provide a three-year rate guarantee through December 31, 2017 with a 7.5 percent rate cap in years four and five. AGREEMENT TERMS - Upon City Council approval, the initial three-year term of this contract shall begin on January 1, 2015 and expire on December 31, 2017. RENEWAL OPTIONS -This contract may be renewed up to two one-year terms at the City's sole discretion. This action does not require specific City Council approval provided that sufficient funds are appropriated for the City to meet its obligations during the renewal period. http://apps.cfwnet.org/council_packet/mc review.asp?ID=20034&councildate=7/22/2014 12/15/2014 M&C Review Page 2 of 2 M/WBE OFFICE - A waiver of the goal for MBE/SBE sub-contracting was requested by the Purchasing Division and approved by the M/WBE Office, in accordance with the BDE Ordinance, because the purchase of goods or services is from sources where sub-contracting or supplier opportunities are negligible. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that this action does not have material effect on City funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office by: Susan Alanis (8180) Originating Department Head: Brian Dickerson (7783) Additional Information Contact: Margaret Wise (8058) ATTACHMENTS http://apps.cfwnet.org/council_packet/mc_review.asp?ID=20034&councildate=7/22/2014 12/15/2014