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1993-214j:\wpdocs\ord\harris.o NOTE: CONTRACTS ARE ATTACHED TO ORIGINAL ORDINANCE IN FILE. ORDINANCE NO. 93 -o2l AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR THE PURCHASE OF EMPLOYEE GROUP HEALTH INSURANCE TO HARRIS METHODIST HEALTH PLAN; PROVIDING FOR THE ADMINISTRATION OF THE CONTRACT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated com- petitive bids for the purchase of employee group health insurance in accordance with the procedures of state law; and WHEREAS, the City Manager, his designee, and the City's pro- fessional insurance consultant, have received and recommended that the bid described below is the lowest responsible bid for the purchase of such insurance described in the Request for Bid No. 1523; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the insurance policies and coverages approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the bid of Harris Methodist Health Plan, in response to Request for Bid No. 1523 and providing for the purchase of employee group health insurance, is hereby accepted and approved as being the lowest responsible bid and the City Manager is authorized to execute two (2) contracts on behalf of the City of Denton with Harris Health Plan, Inc., one relating to the "Preferred Plan", and the other relating to the "Preferred Plus Network". The City Manager is also authorized to execute a "Group Enrollment Application" on behalf of the City with Harris Methodist Health Insurance Company. Copies of such documents are attached hereto and incorporated by reference herein. SECTION II. That the Director of Human Resources, or his designee, is hereby authorized to administer these contracts in behalf of the City of Denton. SECTION III. That the City Council hereby authorizes the expenditure of funds in the manner and amount as specified in the contract. SECTION IV. That this ordinance shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the o?3_~day of ~ , 1993. BOB CASTLEBERRY, MA ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ~ APP VEDA TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: c QLf~-~2 Page 2 1 Harris Methodist Health Plan HARRIS HEALTH PLAN, INC. 1300 Summit Avenue Fort Worth, TX 76102 (817) 878-5830 1-800-633-8598 GROUP ENROLLMENT AGREEMENT Application is hereby made to Harris Health Plan, Inc., hereinafter called "Harris Health" by the Applicant named below, hereinafter called "Group" for the purpose of making available to Eligible Persons and their Eligible Dependents under a Group Health Care Agreement/Subscriber certificate of Coverage, hereinafter called "Agreement" issued by Harris Health, certain prepaid health care services and benefits. The arrangement of the provisions of such services and benefits shall be the subject of the Agreement between Harris Health and Group and shall be based on the statements and representations contained in this Group Enrollment Agreement, a copy of which shall be incorporated by reference and made a part of the Agreement. .«d 1.0 GROUP Group Name: City of Denton Address: 324 East McKinney City: Denton State: TX Zip Code: 76201 2.0 GROUP EFFECTIVE DATE This Group Enrollment Agreement shall be effective 12:01 A.M., Central Time, on the 1st day of January 1994. 3.0 ELIGIBILITY Any person or his/her dependents who meet the eligibility requirements for coverage under the Group's Alternative Health Benefits Plan shall be eligible for coverage under Agreement as specified in Section 3.1 and Section 3.2 of Agreement. A. Rules of eligibility: Per the written eligibility guidelines provided by the City of 4.0 HEALTH CARE SERVICES (BENEFITS) AND COPAYMENTS Eligible Persons and Eligible Dependents of Group are entitled to Health Care Services and Benefits as follows: A. Basic Health Care services; X Covered - Basic Health Care services as described in the Schedule of Benefits. B. Prescription Drug: X Accepted Not Accepted 5.0 COVERAGE BASIS X Contributory Non-Contributory 6.0 SCHEDULE OF RATES Total Monthly Rate Active Employee Only $188.50 Employee + Spouse $292.98 Employee + Child(ren) $253.13 Employee Family $318.45 Retirees Under 65 Retiree Only $255.34 Retiree and Spouse $493.35 Retiree and Child(ren) $398.71 Retiree and Family $604.26 Retirees 65 or Over (Medicare serves as Primar Retiree Only $ 94.25 2 on Medicare $188.50 1 on, off $384.54 1 on, 1 off + Family $557.58 2 on + Family $368.00 Group Enrollment Agreement shall be automatically renewed at the end of each Contract period unless terminated by Harris Health or Group as provided in Agreement. The first Contract period shall commence as of the Group Effective Date and will remain in effect for twelve (12) consecutive months unless terminated before this date by Harris Health or Group. IN WITNESS WHEREOF, the undersigned have caused the Group Enrollment Agreement to be executed on the g3 401 day of -72inr~-, 19. a- City of Denton Group i 11 . H AR HEALTH PLAN, By: AR ZIUX~- INC. By: Authorized Representative Title:- Address Denton TX 76201 Telephone: Title:Senior Vice President/Managed Care Marketing c:CONTRACT.lyaP51 AE: Hams Methodist Health Plan (0 October 22, 1993 Mr. Thomas Klinck Director of Human Resources City of Denton 215 E. McKinney Denton, Texas 76201 Re: City of Denton Health Plan Proposal Dear Mr. Klinck: Harris Methodist Health Plain is pleased to respond to the following issues as presented by the City of Denton. 1) REQUEST FOR A MULTI-YEAR RATE GUARANTEE. HMHP is prepared to provide a rate guarantee through the second and third plan year for the Preferred HMO plan only. Our conditions for the 1995 and 1996 rate guarantee is that the City of Denton contribution to the employee rate for our Preferred HMO plan must be 100% and we will be the only carrier offered by the City of Denton. The Preferred HMO plan guarantee will be as follows: "The years 1995 and 1996 combined maximum rate guarantee will not exceed a total of 15%. The year 1995 will not exceed 9.9% of our 1994 rate." 2) EXPANSION OF THE DENTON AREA PROVIDER NETWORK TO PROVIDE FOR THE CITY OF DENTON EMPLOYEES. As the City of Denton employees expand the needs for additional health care services in the Denton area, the HMHP is committed to ongoing assessment of these needs and expansion of our current network through the recruitment of appropriately qualified providers to serve these needs. A member of Harris Methodist Health System 1300 Summit Avenue / Suite 3001 P. 0. 13ox 901054 / Fort Worth, Texas 76101-2054 / 817-878-58001 Customer Service Telephone Number 817-878-5826 Ten additional Denton providers have been approved recently and will be added to = the network as soon as contracts are executed. Your request for additional hospital services through Denton Regional Medical Center will be given consideration for future needs. this ongoing effort will continue as a part of our partnership with employer groups that we serve in the Denton area. 3) COVERAGE FOR EMPLOYEES NOT ACTIVELY AT WORK. HMHP considers actively at work to include anyone the new employer group considers to be actively at work. This would include those employees that are off on approved medical leaves of absences, vacation, holiday, jury duty, or other similar circumstances. We would be very pleased to add the City of Denton to our family of satisfied clients. Please feel free to call me at 878-5836 should you have any questions regarding the Harris Methodist Health Plan proposal. Kindest Regards, . Robe , Jt/ Director of ales Managed Care Marketing Harris Methodist Health Plan rI GROUP HEALTH CARE AGREEMENT/ SUBSCRIBER CERTIFICATE OF COVERAGE HARRIS HEALTH PLAN, INC. 1300 Summit Avenue, Suite 300 Fort Worth, Texas 76102 817/878-5826 1-800/633-8598 GA-992 "Iarris Health Plan, Inc. Iealth Maintenance Organization 1300 Summit Avenue, Suite 300 rrt Worth, Texas 76102 IMPORTANT NOTICE To obtain information or make a complaint: :ou may call Harris Health Plan, Inc.'s toll-free telephone number for information or to make a Dmplaint at: 1-800-633-8598 .IOU may contact the Texas Department of .nsurance to obtain information on companies, coverages, rights or complaints at: 1.800-252-3439 You may write the Texas Department of nsurance P.O. Box 149104 Austin, TX 78714-9104 FAX # (512) 475-1771 ATTACH THIS NOTICE TO YOUR POLICY: this notice is for information only and does not 3ecome a part or condition of the attached document. AVISO IMPORTANTE Para obtener informacion o para someter Una queja: Usted puede llamar al numero de telefono gratis de Harris Health Plan, Inc. para informacion o para someter Una queja al: 1-800-633-8598 Puede comunicarse con el Departmento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departmento de Seguros de Texas P.O. Box 149104 Austin, TX 78714-9104 FAX # (512) 475-1771 UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condition del documento adjunto. TABLE OF CONTENTS Page Page 1.0 General Definitions 2 8.0 Independent Agents/Refusal to Accept Treatment .....18 2.0 Group and Affiliated Organizations 6 2.1 Organizations Included Under This 8.1 Independent Agents 8.2 Limitation on Liability .....18 .....19 Agreement 6 8.3 Refusal to Accept Treatment/Excessive 2.2 Change of Affiliated Organizations 6 Treatment .....19 3.0 Eligibility and Effective Date 6 3.1 Eligible Persons 6 3.2 Eligible Dependents 6 3.3 Change in Group Eligibility Criteria 7 3.4 Effective Date for Eligible Persons 7 3.5 Effective Date for Eligible Dependents 7 3.6 Persons Not Eligible for Coverage 8 3.7 Conditions of Eligibility 8 3.8 Notification of Ineligibility 8 3.9 Clerical Error 8 4.0 Group and Member Termination, Continuation of Benefits and Conversion 8 9.0 Exclusions on Service Responsibilities ............19 9.1 Major Disaster or Epidemic ....................19 9.2 Circumstances Beyond Control ...............20 9.3 Fraudulently Obtained Benefits ...............20 9.4 Discontinuance ................................20 10.0 Member Complaint Resolution Procedure ........20 10.1 Complaint Resolution Process ...............20 10.2 Complaint Resolution Appeal Process ......21 11.0 Health Care Services ...............................21 11.1 Benefits and Services ........................21 4.1 Termination of Group . 8 4.2 Termination of Member - For Cause . 9 4.3 Termination of Member - Other Than for Cause .10 4.4 Liability Upon Termination .10 4.5 Continuation of Coverage .10 4.6 Conversion Privilege .11 5.0 Payment Requirements .............................11 5.1 Premium Payments ............................11 5.2 Notification by Group ..........................12 5.3 Cbpayments ....................................12 6.0 Claim Provisions ....................................13 6.1 Charges Paid by Members ....................13 6.2 Medical Emergency ...........................13 6.3 Action on Claim ................................13 6.4 Examination of Member .......................13 6.5 Limitation Provisions ...........................13 7.0 Coordination and Subrogation of Benefits ........14 7.1 Definitions ..14 7.2 Determination of Benefits ..14 7.3 Order of Benefit Determination ..15 7.4 Medicare ..1 6 7.5 Right to Receive and Release Information . ..17 7.6 Facility of Payment ..17 7.7 Right of Recovery ..17 7.8 Disclosure ..18 7.9 Subrogation ..18 12.0 Term and Amendment of Agreement ..............22 12.1 Term .................................................22 12.2 Amendment .........................................22 12.3 Change of Rates ....................................22 13.0 Miscellaneous Provisions ..........................22 13.1 Use of Words ........22 13.2 Records and Information ........22 13.3 Information from Group .........22 13.4 Assignment .........23 13.5 Authority .........23 13.6 Governing Law .........23 13.7 Incorporation by Reference .........23 13.8 Entire Agreement .........23 13.9 Information to Member .........23 13.10 Uniform Rules .........23 13.11 Calculation of Time .........23 13.12 Evidence .........23 13.13 Severability .........23 13.14 Venue .........24 13.15 Waiver of Notice .........24 13.16 Headings .........24 13.17 Notice of Certain Events .........24 13.18 Notice of Termination .........24 13.19 Notice .........24 Attachment A Service Area Map and Description Section 1.0 GENERAL DEFINITIONS 1. ACTIVELY AT WORK shall mean that the eligible employee must be performing the usual and cus- tomary duties of his regular employment during his usual working hours on his effective date of coverage; provided, however that if the eligible employee is absent from work due to vacation, holiday, jury duty, or other similar circumstances, not caused by injury or illness, such employee shall be considered actively at work. 2. ACUTE shall mean a condition of sudden onset or severe symptomatology which mandates imme- diate intervention. 3. AGREEMENT shall mean this Group Health Care Agreement/Subscriber Certificate of Coverage, Group Enrollment Agreement, Applications, all Attachments, Riders, Amendments hereto, if any. 4. ALLIED HEALTH PROFESSIONAL shall mean a dentist, nurse, audiologist, optometrist, physician's assistant, clinical psychologist, pharmacist, nutritionist, physical therapist, speech language pathologist, dietician, podiatrist, certified social worker (advanced clinical practitioner) and other professionals engaged in the delivery of health services who are licensed, practice under an insti- tutional license, are certified, or practice under the authority of a Physician or legally constituted professional association, or other authority consistent with the laws of the State of Texas. 5. ALTERNATIVE HEALTH BENEFIT PLAN shall mean the plan which the Group designates as the alternative to this Agreement. 6. APPLICATION shall mean the form prescribed by Harris Health which each Eligible Person shall on his/her own behalf and or, behalf of his/her Eligible Dependents, be required to complete and submit to Harris Health for the purpose of enrolling himself/herself and such dependents for cover- age hereunder. 7. CHEMICAL DEPENDENCY, means the abuse of or psychological or physical dependence on or addiction to alcohol or a controlled substance. 8. CHEMICAL DEPENDENCE TREATMENT CENTER shall mean a facility which provides a program for the treatment of chemical dependence pursuant to a written treatment plan approved and monitored by a physician and which facility is also: a. affiliated with a hospital under a contract agreement with an established system for patient referral; or b. accredited as such a facility by the Joint Commission on Accreditation of Health Care Organi- zations; or c. licensed as a chemical dependency treatment program by the Texas Commission on Alcohol and Drug Abuse; or d. licensed, certified, or approved as a chemical dependency treatment program or center by any other state agency having legal authority to so license, certify or approve. 9. COMPLICATIONS OF PREGNANCY shall mean those conditions, requiring hospital confinement (when the pregnancy is not terminated), whose diagnoses are distinct from pregnancy but are adversely affected by pregnancy or caused by pregnancy, such as acute nephritis, nephrosis, cardiac decompensation, missed abortion, and similar medical and surgical conditions of compa- rable severity. Complications or pregnancy shall not include false labor, occasional spotting, physi- cian prescribed rest during the period of pregnancy, morning sickness, hyperemesis gravidarum, pre-eclampsia, and similar conditions associated with the management of a difficult pregnancy not constituting a nosologically distinct complication of pregnancy; non-elective cesarean section, ter- mination of ectopic pregnancy, or spontaneous termination of pregnancy occurring during a period of gestation in which a viable birth is not possible. 10. CONTRACT YEAR shall mean the period of twelve (12) months commencing on the Group Effec- tive Date and each twelve (12) month period thereafter, unless otherwise terminated as hereinafter provided. 11. CONTROLLED SUBSTANCE shall mean a toxic inhalant or a substance designated as a con- trolled substance in the Chapter 481, Health and Safety Code. 12. COPAYMENT shall mean the fee as set forth in the Schedule of Benefits which is not covered by premiums payable hereunder, and which must be paid by Members directly to the person or entity providing the service when the service as set forth in the Schedule of Benefits is received. 13. COURSE OF TREATMENT shall mean that period of time represented by an inpatient hospital admission and related discharge during which time treatment has been received by a Member or that period of time authorized by a Participating Physician and/or Harris Health as necessary to complete a cycle of treatment and subsequently provide a medical release to the Member. 14. CRISIS STABILIZATION UNIT shall mean a twenty-four (24) hour residential program, licensed by Texas Department of Mental Health and Mental Retardation, that is usually short-term in nature and that provides intensive supervision and highly structured activities to persons who are demon- strating an acute demonstrable psychiatric crisis of moderate to severe proportions. 15. CUSTODIAL CARE shall mean 1) that care which is marked by or given to watching and protect- ing rather than seeking to cure; or 2) care which is not a necessary part of medical treatment or recovery; or 3) care comprised of services and supplies that are primarily provided to assist in the activities of daily living. 16. DEPENDENT shall mean an Eligible Dependent who has satisfied the eligibility and participation requirements specified in this Agreement. 17. DOMICILIARY CARE shall mean that care provided for persons so disabled or infirm as to be unable to live independently. 18. EFFECTIVE DATE shall mean the effective date of coverage for Eligible Persons and Eligible Dependents pursuant to the terms of this Agreement. 19. ELIGIBLE DEPENDENT shall mean an individual as defined in Section 3.2 of this Agreement. 20. ELIGIBLE PERSON shall mean an individual as defined in Section 3.1 of this Agreement. 21. EMERGENCY CARE shall mean bona fide emergency services provided after the sudden onset of a medical condition manifesting itself by acute symptoms of sufficient severity, including severe pain, such that the absence of immediate medical attention could reasonably be expected to result in placing the patient's health in serious jeopardy; serious impairment to bodily functions; or serious dysfunction to any bodily organ or part. 22. EVIDENCE OF INSURABILITY shall mean that an Eligible Person or Eligible Dependent verifies that they were enrolled for the preceeding twelve (12) months in a group or individual plan provid- ing benefits for medical, surgical and hospital expenses; and completes the Evidence of Insurabil- ity form and provides timely any additional documentation of health status as required by Harris Health. Such information shall be reviewed by Harris Health and the Eligible Person or Eligible Dependent shall be notified regarding their eligibility for participation in Harris Health. 23. EXCLUSION shall mean those specific conditions or causes for which coverage by Harris Health is entirely excluded. 24. FDA shall mean the Food and Drug Administration, an agency of the United States government. 25. GROUP shall mean collectively the contracting employer and all affiliated organizations of the employer as set forth in Attachment A annexed hereto and made a part hereof, to which this Agreement is issued and through which as agent for Subscriber and not for Harris Health, Sub- scriber and Dependents become entitled to the benefits as set forth in the Schedule of Benefits. 26. GROUP EFFECTIVE DATE shall mean the date specified as such in the Group Enrollment Agreement. 27. GROUP ENROLLMENT AGREEMENT shall mean that agreement which is executed between Har- ris Health and Group for the purpose of making available to Eligible Persons and Eligible Depen- dents of Group those benefits and services which are described in the Group Health Care Agreement/ Subscriber Certificate of Coverage. Such Group Enrollment Agreement shall identify the Group, Group Effective Date, eligibility requirements, rates, and covered benefits. 28. HARRIS HEALTH shall mean Harris Health Plan, Inc., a Texas not-for-profit corporation organized as a Health Maintenance Organization (HMO) and licensed by the Texas Department of Insurance. 29. HEALTH PLAN shall mean the Health Maintenance Organization operated by Harris Health d/b/a. Harris Methodist Health Plan. 30. HOSPITAL shall mean an institution licensed by the State of Texas and which is (1) primarily engaged in providing diagnostic, medical and surgical facilities for the care and treatment of injured or sick persons, (2) operated under the medical supervision of a staff of legally qualified and licensed physicians, (3) provides twenty-four (24) hour-a-day nursing service by or under the direct supervision of a Registered Nurse (R.N.), (4) provides for overnight care of patients, (5) maintains clerical and ancillary services necessary for the treatment of medical and surgical patients including but not limited to laboratory, X-ray, dietary and medical records library. In no event shall the term "hospital" include a convalescent nursing home or any institution or part thereof which is used principally as a convalescent facility, rest facility, nursing facility, facility for the aged, extended care facility, intermediate care facility, skilled nursing facility or facility primarily for rehabilitative services; the term hospital shall, pursuant to Chapter 3, Texas Insurance Code, Article 3.72 include treatment in a residential treatment center for children and adolescents and treatment provided by a crisis stabilization unit. 31. INDIVIDUAL TREATMENT PLAN shall mean a treatment plan with specific attainable goals and objectives appropriate to both the patient and the treatment modality of the program. 32. KIDNEY DIALYSIS CENTER shall mean any facility licensed by the State of Texas, approved by Medicare to provide outpatient services and/or instruction in home kidney dialysis treatments and which has contracted with Harris Health to provide care to Members. 33. MEDICAL DIRECTOR shall mean the licensed Physician designated by Harris Health and/or such other Physicians as the Medical Director may designate with the prior approval of Harris Health. Such physician shall be responsible for supervising the delivery of medical services to Members and for monitoring the quality of medical care rendered to Members. 34. MEDICAL EMERGENCY shall mean a medical condition so classified by the medical director and which manifests itself by acute symptoms of sufficient severity (including severe pain) such that the absence of immediate medical attention could reasonably be expected to result in (a) placing the patient's health in serious jeopardy; or (b) serious impairment to bodily functions; or (c) serious dysfunction to any bodily organ or part. Examples of conditions which do not usually constitute medical emergencies are colds, influenzas, ordinary sprains, children's ear infections, or nausea and headaches. Heart attacks, cardiovascular accidents, poisonings, loss of consciousness or respiration, convulsions, severe bleeding or broken bones are examples of true medical emergencies. 35. MEDICALLY NECESSARY shall mean services or supplies which are (1) provided for the diagno- sis or care and treatment of a medical condition; (2) appropriate and necessary for the symptoms, diagnosis or treatment of a medical condition; (3) generally acceptable medical practice; (4) per- formed in the most cost effective and efficient manner appropriate to treat the plan Member's medical condition; and (5) provided in accordance with accepted medical standards and Harris Health requirements as approved by the Health Plan's review committees for professional and technical practices and the Health Plan Medical Director. 36. MEDICARE shall mean Part A and Part B of Title XVIII of the Social Security Act and any amend- ments or regulations thereunder. 37. MEMBER shall mean any Subscriber and/or Dependent. 38. MEMBER HOSPITAL shall mean any Hospital which has contracted with Harris Health to provide to Members the services as set forth in the Schedule of Benefits and described in this Agreement. 39. NON-MEMBER HOSPITAL shall mean any Hospital which has not contracted with Harris Health to provide to Members the services as set forth in the Schedule of Benefits and described in this Agreement. 40. MINOR EMERGENCY CENTER shall mean any licensed facility, not including a Hospital, which provides Physician services for the immediate treatment only of an injury or disease. 41. NON-PARTICIPATING PHYSICIAN shall mean a Physician who is not a Participating Physician and to whom a Member is referred for consultation or treatment by a Participating Physician only with prior written approval of Harris Health unless there is a Medical Emergency and a Participating Physician is not available. 42. NON-PARTICIPATING PROVIDER shall mean any Physician, Hospital, Allied Health Professional, Home Health Agency, Laboratory, Minor Emergency Center, Residential Treatment Facility, Chemi- cal Dependency Treatment Center, or other licensed healthcare professional or other provider or entity which has not contracted with Harris Health to provide to Members the services as set forth in the Schedule of Benefits and described in this Agreement. 43. OPEN ENROLLMENT PERIOD shall mean a period of at least thirty (30) days during each twelve (12) consecutive months when Eligible Persons may elect to change from the Alternative Health Benefit Plan to Harris Health or from Harris Health to the Alternative Health Benefit Plan. 44. PARTICIPATING PHYSICIAN shall mean any Physician who has contracted with Harris Health to provide to Members the services as set forth in the Schedule of Benefits and described in this Agreement. 45. PARTICIPATING PROVIDER shall mean any Physician, Hospital, Allied Health Professional, Home Health Agency, Laboratory, Manor Emergency Center, Chemical Dependency Treatment Center, Psychiatric Day Treatment facility or other provider or entity which has contracted with Harris Health to provide to Members the services as set forth in the Schedule of Benefits and described in this Agreement. 46. PSYCHIATRIC DAY TREATMENT FACILITY shall mean a mental health facility which provides treatment for individuals suffering from acute mental and nervous disorders in a structured psychi- atric program utilizing individualized treatment plans with specific attainable goals and objectives appropriate both to the patient and the treatment modality of the program and that is clinically supervised by a Physician who is certified in Psychiatry by the American Board of Psychiatry and Neurology. The facility shall be licensed by the State of Texas, accredited by the Program for Psy- chiatric Facilities, or its successor, of the Joint Commission on Accreditation of Health Care Orga- nizations, and shall have contracted with Harris to provide to Members the mental health services as set forth in the Schedule of Benefits and described in this Agreement. 47. PHYSICIAN shall mean any individual (other than a hospital resident or intern) who is fully licensed and qualified to practice within the scope of the license under the law of the jurisdiction in which treatment is received. 48. -PRIMARY PHYSICIAN shall mean, with respect to each Member, those Participating Physicians who are designated by Harris Health and identified in writing to Members as Physicians having primary responsibility for coordinating such Member's medical care, providing initial and primary care to Members, maintaining the continuity of such Member's care and initiating referrals for spe- cialist care. 49. RESIDENTIAL TREATMENT CENTER FOR CHILDREN AND ADOLESCENTS shall mean a child- care institution that provides residential care and treatment for emotionally disturbed children and adolescents, licensed by Texas Department of Mental Health and Mental Retardation, and that is accredited as a residentiair treatment center by the Council on Accreditation, the Joint Commission on Accreditation of Health Care Organizations or the American Association of Psychiatric Services for Children. 50. RIDER shall mean a Schedule provided with this Agreement, and made a part hereof, which sets forth additional benefits and services made available by Harris Health by amending this Schedule of Benefits. 51. SCHEDULE OF BENEFITS shall mean the schedule which sets forth the benefits and services that Harris Health shall make available to Members. 52. SEMI-PRIVATE shall mean the charge made by a Member Hospital for a room containing two (2) or more beds. 53. SERVICE AREA shall mean the geographic area as set forth and annexed hereto as Attachment A. 54. SHORT TERM shall mean a course of treatment lasting thirty (30) days or less. 55. SPECIALIST PHYSICIAN shall mean any Physician who has contracted with Harris Health to pro- vide specialist care to Members upon referral of a Primary Physician or upon referral of another Specialist Physician with the concurrence of the responsible Primary Physician. 56. SKILLED NURSING FACILITY shall mean an institution or part thereof, licensed by state or local law, that is accredited as an Extended Care Facility by the Joint Commission on Accreditation of Health Care Organizations, or is recognized as a Skilled Nursing Facility by the Department of Health and Human Services under Title XVIII of the Social Security Act (Medicare), as amended. 57. SUBSCRIBER shall mean an Eligible Person who has satisfied the eligibility and participation requirements specified in this Agreement. 58. TOXIC INHALANT means a volatile chemical under Chapter 484, Health and Safety Code, or abusable glue or aerosol paint under Section 485.001, Health and Safety Code. 59. USUAL, CUSTOMARY, AND REASONABLE CHARGES shall mean the charge is (1) the fee charged by a provider in normal practice for a given service; (2) within the range of usual charges by providers for the same service in the geographic area where services are provided to a Mem- ber; and (3) reasonable when taking into consideration any unusual circumstances or medical complications requiring additional time, skill and experience in providing a specific treatment or service. Section 2.0 GROUP AND AFFILIATED ORGANIZATIONS 2.1 ORGANIZATIONS INCLUDED UNDER THIS AGREEMENT The Group and its affiliated organizations are included under this Agreement. Affiliated organi- zations include all those organizations which are subsidiary to or affiliated with the Group and located within the Service Area of Harris Health. 2.2 CHANGE OF AFFILIATED ORGANIZATIONS The Group shall notify Harris Health, in writing, when an affiliated organization ceases to be a subsidiary of, or affiliated with, the Group. When an organization ceases to be a subsidiary of, or affili- ated with, the Group, it shall cease to be an included organization. Therefore, this Agreement shall ter- minate on the date of such cessation with respect to all Eligible Persons of that organization, except for those persons who on the next day are employees of another affiliated organization and thus Eligible Persons under this Agreement. Section 3.0 ELIGIBILITY AND EFFECTIVE DATE 3.1 ELIGIBLE PERSONS To be eligible to enroll as a Subscriber, a person must reside in the Service Area and be an Eli- gible Person as follows: • In the employment of the Group or a bona fide Member of the Group, and/or Eligible under the eligibility criteria established by the Group; and • Entitled on his or her behalf to participate in the medical and hospital care benefits arranged by the Group. 3.2 ELIGIBLE DEPENDENTS To be eligible to enroll as a Dependent, a person must reside in the Service Area and be: The legal spouse of a Subscriber; A' dependent unmarried natural child, foster child, stepchild, legally adopted child or child under Subscriber's court appointed legal guardianship, residing with Subscriber or with Sub- scriber's present or former spouse in the Service Area who is (a) under nineteen (19) years of age, or (b) under twenty-five (25) years of age and primarily dependent on the Subscriber for financial support and attending an accredited college or university, trade or secondary school on a full-time basis, which has, in writing, verified said attendance or; A dependent unmarried natural child, foster child, stepchild, legally adopted child, or child under Subscriber's court appointed legal guardianship, residing with Subscriber or with Sub- scriber's present or former spouse in the Service area who is nineteen (19) years of age or older but incapable of self-sustaining employment because of mental retardation or physical handicap which commenced prior to age nineteen (19) (or commenced prior to age twenty- five (25) if such child was attending a recognized college or university, trade or secondary school on a full-time basis when such incapacity occurred), and primarily dependent upon the Subscriber for support and maintenance. Such dependent child must have been a Member either prior to attaining nineteen (19) years of age or twenty-five (25) years of age under the conditions of the previous sentence. Sub- scriber shall furnish Harris Health proof of such incapacity and dependency within thirty-one (31) days before the dependent child's attainment of the limiting age and from time to time thereafter as Harris Health deems appropriate, but not more frequently than annually. • Maternity care benefits will be extended to an unmarried Dependent Child. If coverage is provided to the Dependent of the Subscriber, upon payment of the premium, benefits must be provided for any children of the Dependent if those children are Dependents of the Sub- scriber for federal income tax purposes. 3.3 CHANGE IN GROUP ELIGIBILITY CRITERIA Requirements as defined by the Group for determining the eligibility for participating in Harris Health are material to the execution of this Agreement by Harris Health. During the term of this Agree- ment no change in the Group definition of eligibility for participation shall be permitted to affect eligibil- ity or enrollment under this Agreement in any manner unless such change is approved in advance by mutual written agreement between Group and Harris Health. 3.4 EFFECTIVE DATE FOR ELIGIBLE PERSONS 3.4.1 Open Enrollment Period An Eligible Person who applies for coverage in Harris Health by submitting an Application dur- ing an Open Enrollment Period shall become covered as a Subscriber on the Group Effective Date or such Effective Date specified as such for the Open Enrollment Period. 3.4.2 On Acquiring Eligibility Status An Eligible Person who first meets the eligibility requirements other than during the Open Enrollment Period may enroll within thirty (30) days of meeting such requirements by submitting an Application. Such person shall become covered under Harris Health as a Subscriber on the first day he became an Eligible Person provided that the premium applicable to the Subscriber has been received in accordance with this Agreement. 3.5 EFFECTIVE DATE FOR ELIGIBLE DEPENDENTS 3.5.1 Open Enrollment Period An Eligible Dependent for whom the Subscriber has applied for coverage in Harris Health by submitting an Application during an Open Enrollment Period shall become covered as a Dependent on the Effective Date of the Subscriber. 3.5.2 On Acquiring Eligibility Status A newly acquired Eligible Dependent, and an Eligible Dependent other than a newborn child who first meets the eligibility requirements of Group on other than during an Open Enrollment Period, may be enrolled by the Subscriber within thirty (30) days of meeting such requirements by submitting an Application. Such Eligible Dependent shall become covered under Harris Health as a Dependent on the day he became an Eligible Dependent provided that the premium applicable to the Dependent has been received in accordance with this Agreement described in Section 5.1. Coverage for newly adopted children shall commence on the earlier of (a) the date upon which such child commences residence with the Subscriber or (b) when the adoption becomes legal. Adopted children and newborn children shall be covered under Harris Health for an initial period of thirty-one (31) days and shall continue to be so covered after that time only if, prior to the expiration of such thirty-one day period, an Application has been submitted and the premium applicable to the Dependent has been received in accordance with this Agreement described in Section 5.1. 3.6 PERSONS NOT ELIGIBLE FOR COVERAGE Notwithstanding the foregoing provisions of this Section, persons not eligible for cover- age in Harris Health shall be as follows: Coverage Previously Terminated: No person shall be eligible to become a Member who has had coverage terminated by Harris Health for cause, as described in Section 4.2 of this Agreement. Indebtedness: No person shall be eligible to become a Member if such person has unpaid financial obligations arising from prior coverage in Harris Health. 3.7 CONDITIONS OF ELIGIBILITY No Eligible Person or Eligible Dependent shall be refused enrollment by Harris Health because of health status, requirements for health services, or the existence of a Pre-Existing Condition on the Group Effective Date. In addition, no Member's coverage shall be terminated by Harris Health due to his health status or his healthcare needs. If an Eligible Person or Eligible Dependent applies for cover- age on a date other than Open Enrollment Period or more than thirty (30) days after becoming an Eligi- ble Person or Eligible Dependent, then such Eligible Person or Eligible Dependent shall have to document Evidence of Insurability as required by Harris Health. 3.8 NOTIFICATION OF INELIGIBILITY A condition of participation in Harris Health is Subscriber's agreement to notify Harris Health of any changes in status that affect Subscriber or the ability of the Subscriber's Dependents to meet the eligibility criteria set forth in this Section. 3.9 CLERICAL ERROR Eligibility under this Agreement shall in no event be invalidated by failure of the Group, due to clerical error, to record or report an Eligible Person or Eligible Dependent to Harris Health if an Appli- cation had been completed and submitted to Group as required under the terms of this Agreement by or on behalf of such Eligible Person or Eligible Dependent and that the premium applicable to such coverage had been received by Harris Health. Section 4.0 GROUP AND MEMBER TERMINATION, CONTINUATION OF BENEFITS AND CONVERSION 4.1 TERMINATION OF GROUP 41.1 Default in Payment of Premium If Group fails to pay to Harris Health the premium payable hereunder on or before the thirty-first (31) calendar day after such payment is due, this Agreement may be terminated by Harris Health and all benefits and services shall cease at the end of such thirty-one (31) day grace period. Group may be held liable for the cost of all benefits and services provided to Member by Harris Health during the grace period. Group shall remain liable for all premiums (and any interest accrued thereon) not paid prior to termination. Interest on late payments from the date such premiums were due may be charged at a rate equal to eighteen percent (18%) per year. Unpaid interest shall be due and payable upon notice thereof to Group from Harris Health. If Group remits its delinquent payments to Harris Health within fifteen (15) days of a termination date, Harris Health may reinstate Group without requiring a new Group Enrollment Agreement. How- ever, Harris Health reserves the right to refuse to reinstate by refunding within five (5) business days all payments made by Group after the date of termination. 4.1.2. Upon Notification This Agreement may be terminated by either Harris Health or Group upon written notice to the other party at least sixty (60) days prior to the end of the Contract Year. Such termination shall occur at midnight on the day preceeding the end of the Contract Year. In the event that Harris Health terminates this Agreement, any Member who is a registered bed patient in a Hospital on the date of termination shall receive coverage for all hospital services for that hospital confinement or until a determination is made by the Medical Director that inpatient care is no longer medically indicated, whichever occurs first. 4.2 TERMINATION OF MEMBER - FOR CAUSE 4.2.1 Default in Payment of Copayments If any required Copayment is not paid timely by or on behalf of Member, pursuant to the terms of this Agreement, such Member's entitlement to benefits may be terminated not less than sixty-one (61) days written notice after the date such Copayment was due. 4.2.2 Default in Payment of Premium if any premium contributions due from Member are not paid timely by or on behalf of Member, such Member's entitlement to benefits may be terminated not less than thirty-one (31) days after the date such premium was due. 4.2.3 Misrepresentation if any Subscriber should make a fraudulent statement or provide any material misrepresenta- tion of fact by or on behalf of such Subscriber or Dependent on an Application or Evidence of Insura- bility form, Harris Health shall have the right to terminate the Member's coverage under this Agreement without any further liability or obligation to such Member. Such Subscriber's entitlement to benefits may be terminated not less than sixty-one (61) days written notice after such misrepresentation. If a Mem- ber corrects inaccurate information furnished to Harris Health, and Harris Health has not relied upon such incorrect information to its prejudice, the furnishing of incorrect information shall not constitute a basis for termination of the Member's coverage. In the absence of fraud, all statements made by a Subscriber are considered representations and not warranties. During the first two years, coverage can be voided for material misrepresentation contained in a written Application or Evidence of Insura- bility Form. After two years, coverage can be voided only in the event of a fraudulent misstatement contained in the written Application or Evidence of Insurabi!ity form. A copy of the written Application must have been furnished to the Subscriber if the terms of the Application or Evidence of Insurability form are to be applied. 4.2.4 Misuse of Identification Card Possession of a Harris Health identification card in and of itself confers no rights to services or other benefits. The holder of the card must be, in fact, a Member on whose behalf all applicable pre- miums under this Agreement have actually been paid. Any person receiving services or other benefits to which he is not entitled pursuant to this Agreement shall be solely responsible for the full payment of any charges associated with the services received. If any Member permits the use of the Member identification card by any other person, such card may be confiscated and Harris Health shall have the right to terminate the Member's coverage under this Agreement and, if a Subscriber, the coverage of his Dependents. Such Member's entitlement to benefits may be terminated not less than fifteen (15) days written notice after such misuse of the identification card. 4.2.5 Fraudulent Use of Benefits or Services Fraudulent use by Member of services, benefits, providers, facilities, or coverage will result in cancellation of coverage after not less than a fifteen (15) day written notice to Subscriber. 4.2.6 Misconduct Misconduct by a Member detrimental to safe Health Plan operations and the delivery of service or treatment, or abuse of healthcare professionals, facilities, or Health Plan personnel may result in cancellation of coverage effective immediately. 4.2.7 Untenable Patient/Physician Relationship If the Member and the Participating Physician fail to establish a satisfactory patient-physician relationship and if it is shown that Harris Health has, in good faith, provided the Member with the opportunity to select an alternative Participating Physician, the Member shall be notified in writing at least thirty (30) days in advance that Harris Health considers the patient-physician relationship to be unsatisfactory and specifies the changes that are necessary in order to avoid termination if Member fails to make such changes, coverage may be cancelled at the end of thirty (30) days. For refusal by a Member to accept recommended procedures or treatment as described in Section 8.3 of this Agreement, the Member's coverage may be cancelled after not less than thirty (30) days written notice. 4.2.8 Termination Procedure Any Member terminated for cause pursuant to this Section shall be given written notice of ter- mination prior to the effective date of termination in accordance with notification requirements of Sec- tion 4.2. If Member receiving notice of termination initiates the Member Complaint Resolution Procedure described in Section 10 of this Agreement during the notification period to challenge the grounds for termination; the effective date of termination shall be postponed until Member Complaint Resolution Procedure is completed and a final decision regarding termination is provided. If the Mem- ber, on his own behalf or on behalf of a minor child, fails to initiate the Member Complaint Resolution Procedure within the notification period, such failure shall constitute a waiver of said Member's right to challenge the termination. 4.3 TERMINATION OF MEMBER - OTHER THAN FOR CAUSE 4.3.1 Subscriber No Longer Eligible Person If the Subscriber ceases to be an Eligible Person, coverage under this Agreement shall auto- matically terminate at midnight of the day on which such Subscriber ceased to be an Eligible Person, subject to continuation of coverage and conversion privilege provisions. 4.3.2 Dependent No Longer Eligible Dependent If a Dependent ceases to be an Eligible Dependent, coverage under this Agreement shall automatically terminate at midnight of the day on which such Dependent ceased to be an Eligible Dependent, subject to continuation of coverage and conversion privilege provisions. 4.3.3 Service Area Resident If a Member ceases to be a resident of the Service Area as defined by Harris Health, eligibility to participate in Harris Health shall. automatically terminate as of the date on which the Member ceased to be a resident of the Service Area, except as may be required by State and Federal regula- tions for COBRA participants. Such Member shall be eligible to convert to an Individual Hospital and Surgical Expense Policy as specified in Section 4.6.2. 4.4 LIABILITY UPON TERMINATION At the effective date of any termination of a Member's coverage under this Agreement any pay- ments received on account of such Member applicable to periods after the effective date of the termi- nation of coverage, plus amounts due to such Member for claims reimbursement, if any, less any amount due to Harris Health or which must be paid by Harris Health on behalf of such Member, shall be refunded to the appropriate party within thirty-one (31) days. Harris Health and Group shall there- after have no further liability or responsibility to such Member except as may be specifically provided in Section 4.1.2 of this Agreement. 4.5 CONTINUATION OF COVERAGE If a Member's coverage ends, such coverage may qualify to be continued in one of the follow- ing ways: • it may be extended under the Extension of Medical Benefits provisions, if the Member is Hos- pital Confined when this Agreement terminates; or • it may be continued under the Optional Continuation of Coverage provisions; or • it may be converted to an individual plan of medical coverage as described in the Conver- sion provisions. If, under the provisions of Title X of the Consolidated Omnibus Budget Reconciliation Act of 1985, Public Law 99-272 ("COBRA"), any Member is granted the right to continuation of coverage beyond the date his coverage would otherwise terminate, or, if COBRA is inapplicable and the provi- sions of an applicable state statute grants such Member similar rights to continuation of coverage, this Agreement shall be deemed to allow continuation of coverage to the extent necessary to comply with the provisions of the applicable statute. Contact the employer for verification of eligibility and proce- dures to follow. 4.5.1 Extension of Medical Benefits Harris Health shall continue to provide medical services if this Agreement terminates under 10 Section 4.1.2 while a Member is confined in a Hospital or Skilled Nursing Facility. Services will be pro- vided only for the same injury or sickness which caused the Member to be confined. This continued coverage will end on the earlier of: (1) the date the confinement is no longer Medically Necessary; or (2) the date the Member reaches any limits under the Group Contract for the provisions of services; or (3) the date the Member becomes eligible for similar coverage under another plan. 4.6 CONVERSION PRIVILEGE If a Member has been covered by this Agreement for at least three (3) consecutive months or covered as a newborn from the date of birth and meets the definition of a person eligible for conver- sion, Member may enroll in an individual plan with a defined Schedule of Benefits available to conver- sion Members only under the terms and conditions of this Agreement. ELIGIBILITY TO CONVERT A Member whose coverage under this Agreement is terminated in accordance with the Termi- nation provisions may convert if the coverage is not ending for one of the following reasons: • Termination of this Agreement; • Failure to pay any required copayment amounts; • Termination for cause; • Coverage under another individual or group health policy, plan or contract; • Eligibility for Medicare; • Eligibility or coverage for similar hospital, medical or surgical benefits under a state or federal law. A covered Dependent whose coverage is terminated under this Agreement may also convert if the termination is due to: • Legal separation or divorce; or • The Subscriber's death; or • The Dependent reaching the maximum Dependent age. HOW TO CONVERT 4.6.1 Residence in Service Area The Member eligible for conversion may, without Evidence of Insurability, convert to an Individ- ual Health Care Agreement issued by Harris Health. To obtain an individual enrollment, the Eligible Person must continue to reside in the Service Area, must submit a completed application for conver- sion within thirty-one (31) days after termination of coverage under this Agreement, and must submit the premium for such Individual Health Care Agreement as required from the effective date of termina- tion of coverage under this Agreement. 4.6.2 Residence Out of Service Area If the Member eligible for conversion does not reside in the Service Area, the Member may, without Evidence of Insurability, convert to an individual policy issued by and renewable at the option of the indemnity insurer making such conversion coverage available to Harris Health. Section 5.0 PAYMENT REQUIREMENTS 5.1 PREMIUM PAYMENTS The initial rates for the benefits and services under this Agreement shall be due and payable in advance on or before the first (1) day of the month for which such payment is made or is to be made. In accordance with the terms and provisions of Section 12.3 of this Agreement, Harris Health shall have the right to change the rate payable under this Agreement at any time when the extent or nature of this Agreement is changed by amendment or termination of any provision, or by reason of any pro- vision of law or any governmental program or regulation. No proration of the rate shall be made with 11 respect to Members whose coverage under this Agreement commences after the first (1) day of the month. A grace period of thirty-one (31) days shall be allowed for each payment payable hereunder, whether due from Group or a Member except for the first payment due. The rate required for a newly acquired Eligible Dependent shall be payable initially when the required Application is submitted to Harris Health. Thereafter, all payments with respect to such new Eligible Dependent shall be made as otherwise provided in this Agreement. Any payments required for newborn children who meet the requirements of Section 3.5.2 of this Agreement shall be initially payable to Harris Health on or before the first day of the next month follow- ing the month in which the Application required under Section 3.5.2 is submitted to the Health Plan. Thereafter, all payments with respect to such newborn child shall be made as otherwise required under this Agreement. 5.1.1 Non-Contributory Coverage If the coverage basis hereunder is "Non-Contributory;" the Group agrees to pay at the principal office of Harris Health, or to its authorized representative, on each payment due date, the sum of the Harris Health rate for tho coverage then provided under this Agreement. The Group premium for the coverage provided by Harris Health under this Agreement shall be determined by the applicable rate then in effect and the number of Members at the monthly intervals established by Harris Health. 5.1.2 Contributory Coverage If the coverage basis hereunder is "Contributory," Group agrees to pay at the principal office of Harris Health, or to its authorized representative, on each payment due date, that part of the Harris Health rate for the coverage then provided under this Agreement. Group shall permit Subscribers tc pay their contributory portion of such rate through payroll deduction. Procedures for implementing payroll deductions for the Subscriber's portion of such rate shall be the same as those utilized for any Alternative Health Benefit Plan. If the Group does not have an Alternative Health Benefit Plan, the pro- cedures shall solely be those as agreed to, in writing, between Group and Harris Health. The Group premiums for the coverage provided by Harris Health under this Agreement shall be determined by the applicable rate then in effect and the number of Members at the monthly intervals established by Harris Health. Group shall offer Harris Health to all Subscribers of Group on terms no less favorable with respect to the Group contribution than those applicable to any Alternative Health Benefit Plan as may be available through the Group. The Group contributions shall not be changed during the term of this Agreement unless such change is prior approved, in writing, by Harris Health. If, however, Group con- tribution to the Alternative Health Benefit Plan as may be available through the Group is increased dur- ing the term of this Agreement, Group agrees to also increase contribution to Harris Health effective the first monthly payment due following such increase. 5.2 NOTIFICATION BY GROUP Group shall forward completed Applications and any Evidence of Insurability form(s) to Harris Health within ten (10) business days of their receipt from Eligible Persons. In the event Group fails to notify Harris Health of the ineligibility of any person for whom the Group has made the monthly prepay- ment required pursuant to this Agreement, then, such prepayment shall be credited to Group only if Harris Health has not made arrangements for or paid benefits for the ineligible person but in no event shall such prepayment be credited subsequent to thirty (30) days after the date such person became ineligible. 53 COPAYMENTS All Copayments, as specified in the Schedule of Benefits, are due and payable at the time a service is provided. The maximum amount of Copayment shall not exceed the maximum specified in the Schedule of Benefits. It is the Subscriber's responsibility to retain receipts and to notify Harris Health upon attaining the Copayment limit so that additional services can be provided without a Copayment charge. 12 Section 6.0 CLAIM PROVISIONS 6.1 CHARGES PAID BY MEMBERS It is not anticipated that a Member shall make payments, other than the Copayments as set forth in the Schedule of Benefits, for benefits and covered services under this Agreement. However, if a payment is made by a Member then a written description of such services, accompanied by evi- dence of payment by the Member must be provided to Harris Health within sixty (60) days after the performance of the service. Failure to furnish such proof within the required time shall not invalidate nor reduce any claim, if it was not reasonably possible to give proof within such time, provided such proof is furnished as soon as reasonably possible. If the Member provides evidence that he has made such payment, payment shall be paid to the Member but without prejudice to Harris Health's right to seek recovery of any payment made by it before receipt of such evidence. Benefits under this Agreement will be paid directly to the provider unless Member requests payment to be made to himself and submits to Harris Health proof of prior payment to the provider for covered services. Claims for such services will be processed as follows: A. Fifteen (15) calendar days after receipt of claim, Harris Health will: 1. Acknowledge receipt of claim; 2. Commence investigation of claim; 3. Request all information from claimant as deemed necessary by Harris Health. Subse- quent additional requests may be necessary. B. No later than fifteen (15) business days after receipt of all items required by Harris Health, Harris Health will: 1. Notify claimant of acceptance or rejection of claim; 2. Notify claimant of the reason(s) Harris Health needs additional time. Harris Health shall accept or reject the claim no later than forty-five (45) calendar days following receipt of additional information. C. Upon notification from Harris Health that the claim will be paid, the claim will be paid no later than five (5) business days after such notification was made. 6.2 MEDICAL EMERGENCY Medical Emergency services which are covered under this Agreement but are not received fr6m Participating Providers shall be reimbursed subject to the Copayments in the Schedule of Bene- fits. Harris Health reserves the right to deny a claim for reimbursement of services received from a Hospital emergency department or a Minor Emergency Center, if it is determined by Harris Health that such services were not obtained pursuant to the terms of this Agreement or if a Medical Emergency did not exist at the time services were received by the Member. 6.3 ACTION ON CLAIM All claims for reimbursement shall be finalized by Harris Health within sixty (60) days of receipt of written documentation describing the occurrence, character and extent of the event for which the claim is made, unless the Member is notified of the need for a longer time. If a claim is denied, written notice to the Member will state the reason for the denial. Member may obtain a review of the denial through the Member Complaint Resolution Procedure as described in Section 10.0. 6.4 EXAMINATION OF MEMBER Harris Health, at its own expense, shall have the right to examine the Member whose sickness or injury is the basis of a claim when and so often as it may reasonably require during the pendency of any claim. 6.5 LIMITATION PROVISIONS • No action at law or equity shall be brought under this Section against Harris Health prior to the expiration of the sixty (60) day period immediately following the date on which written proof of this charge or loss upon which the action is brought, in accordance with the provi- sions of this Section, has been furnished to Harris Health; or later than three (3) years after the expiration of the period of time in which such proof of charge or loss is required under this Section to be furnished to Harris Health. 13 • No liability shall be imposed under Harris Health other than for the benefits and services cov- ered under this Agreement. Section 7.0 COORDINATION AND SUBROGATION OF BENEFITS The Harris Health Coordination and Subrogation of Benefits provisions applies to all of the ben- efits provided under this Agreement. The value of any benefits or services provided by Harris Health shall be coordinated with any group insurance plan or coverage under governmental programs, including Medicare, to assure that a Member receives coverage while avoiding double recovery. It is, therefore, understood and agreed that should a Member be covered by or under a Coordinated Plan in addition to coverage under this Agreement, the provisions and rules as described in this Section shall determine whether Harris Health or the Coordinated Plan is primarily responsible for paying the costs of benefits and services provided to the Member. • If a Member who has enrolled under this Health Plan is entitled to inpatient benefits under another contract or policy of insurance due to inpatient care which began while the Member was enrolled under a previously held policy, Harris Health will pay, subject to Copayments under this plan, the difference between entitlements under this Health Plan and entitlements under the other contract or policy of insurance. • Benefits which are provided directly through a specified provider of an employer shall in all cases be provided before the benefits of this Health Plan. • Services and benefits for military service connected disabilities for which a Member is legally entitled and for which facilities are reasonably available, shall in all cases be provided before the benefits of this Health Plan. • All sums payable for services provided pursuant to worker's compensation shall not be reim bursable under this Agreement. 7.1 DEFINITIONS For purposes of this Section only, words and phrases shall have meanings as follows: • ALLOWABLE EXPENSE shall mean any Usual and Customary expense of which at least a portion is covered under this Health Plan covering the Member for whom the claim is made. When a Coordinated Plan provides benefits in the form of services rather than cash pay- ments, the Usual and Customary cash value of each service provided shall be deemed to be both an Allowable Expense and a benefit paid. CLAIM DETERMINATION PERIOD shall mean a calendar year, but excluding any portion of a calendar year occurring prior to the Effective Date. COORDINATED PLAN shall mean any of the following that provides benefits or services for, or by reason of, medical care or treatment. - Coverage under governmental programs, including Medicare, required or provided by any statute unless coordination of benefits with any such program is forbidden by law. - Group coverage or any other arrangement of coverage for individuals in a group, whether on an insured or uninsured basis, including any prepayment coverage, group practice basis or individual practice coverage and any coverage for students which is sponsored by, or provided through, a school or other educational institution above the high school level. 7.2 DETERMINATION OF BENEFITS This provision shall apply in determining the benefits payable for the Allowable Expenses incurred by a Member during a Claim Determination Period. The term Coordinated Plan shall be construed separately with respect to each policy, contract, or other arrangement for benefits or services and separately with respect to that portion of any such policy, contract, or other arrangement which reserves the right to take the benefits or services of other Coordinated Plans into consideration in determining its benefits and that portion which does not. 14 Whenever the sum of the benefits that would be payable under this Agreement in the absence of this provision, and the benefits that would be payable under all Coordinated Plans in the absence thereof or amendments of similar purpose to this provision would exceed the Allowable Expenses, then the following shall apply: • The benefits that would be payable under this Agreement shall be reduced to the extent necessary so that the sum of such reduced benefits and all the benefits payable for such Allowable Expenses under all Coordinated Plans shall not exceed the total payable under this Agreement. Benefits payable under a Coordinated Plan include the benefits that would have been payable had claim been duly made therefor. • If a Coordinated Plan would, according to its rules, determine its benefits after the benefits payable under this agreement have been determined, and the rules as described in Section 7.3 would require payment under this Agreement to be determined before the Coordinated Plan, then the benefits of the Coordinated Plan shall not be included for the purpose of deter- mining the benefits under this Agreement. 7.3 ORDER OF BENEFIT DETERMINATION The rules establishing the order of benefit determination shall be as follows: • The benefits of a Coordinated Plan without a coordination of benefits provision (or a non- duplication provision of similar intent) shall be determined before the benefits of this Agreement. apply: The benefits of a Coordinated Plan which covers the Member other than as a dependent shall be determined before the benefits of a Coordinated Plan which covers such person as a dependent. The benefits of a Coordinated Plan which covers the Member as a dependent child of a per- son whose date of birth, excluding year of birth, occurs earlier in a calendar year, shall be determined before the benefits of a plan which covers such person as a dependent of a per- son whose date of birth, excluding year of birth, occurs later in a calendar year. If a Coordi- nated Plan does not have the provisions of this paragraph regarding dependents, which results either in each Coordinated Plan determining its benefits before the other or in each Coordinated Plan determining its benefits after the other, the provisions of this paragraph shall not apply, and the rule set forth in the Coordinated Plan which does not have the provi- sions of this paragraph shall determine the order of benefit determination unless Section 7.3.1 shall apply. If the rules provided above or the rules provided in Section 7.3.1 do not establish an order of benefit determination, then the benefits of a Coordinated Plan which has covered the Mem- ber for whom the claim is made for the longer period of time shall be determined before the benefits of a Coordinated Plan which has covered such Member for the shorter period of time except as follows: - The benefits of a Coordinated Plan covering the Member as a laid-off or retired employee or as the dependent of such Member shall be determined after the benefits of a Coordi- nated Plan covering such person as a Member other than as laid-off or retired employee or dependent of such person. - If a Coordinated Plan does not have a provision regarding laid-off or retired employees, and, as a result, such Coordinated Plan determines its benefits after the Coordinated Plan with this provision, then the provisions of the immediately preceeding paragraph shall not apply. 7.3.1 Legal Separation or Divorce In the event of a legal separation or divorce, the following order of benefit determination shall • If there is a court decree that establishes financial responsibility for the healthcare expenses of the child, the benefits of a Coordinated Plan which covers the child as a dependent of the parent with such financial responsibility shall be determined before the benefits of a Coordi- nated Plan which covers the child as a dependent of the parent without such financial responsibility. 15 In the event of a legal separation or divorce in which the court decree does not establish financial responsibility for the healthcare expenses of the child then the following shall apply: - If the parent with custody of the child has not remarried, the benefits of a Coordinated Plan which covers the child as a dependent of the parent with custody of the child shall be determined before the benefits of a Coordinated Plan which covers that child as a dependent of the child without custody. - If the parent with custody of the child has remarried, the benefits of a Coordinated Plan which covers the child as a dependent of the parent with custody shall be determined before the benefits of a Coordinated Plan which covers that child as a dependent of the stepparent; and the benefits of a Coordinated Plan which covers that child as a depen- dent of the stepparent shall be determined before the benefits of a Coordinated Plan which covers that child as a dependent of the parent without custody. Thus, in the event of a legal separation or divorce, unless a court decree specifies otherwise, the order of benefit determination described above may be summarized as follows: Separated or Divorced and not Remarried: (1) Parent with custody (2) Parent without custody Separated or Divorced and Remarried: (1) Parent with custody (2) Stepparent with custody (3) Parent without custody 7.4 MEDICARE For purposes of determining benefits provided for a Member who is eligible to enroll for Medi- care, but does not, Harris Health will assume the amount provided under Medicare to be the amount the Member would have received if he or she had enrolled for it. A Member is considered to be eligible for Medicare on the earliest date coverage under Medi- care could become effective for the Member. Except as described under TEFRA in Section 7.4, Medi- care shall be interpreted so as to be included in Section 7.1 for each Member as follows: • Such Member must agree to enroll for both Parts A and B of Medicare and assign to Harris Health any Medicare benefits for services covered by Harris Health. If such Member receives benefits from Harris Health that would have been paid or reimbursed by Medicare, but Member has failed to enroll for Medicare coverage, then Harris Health shall be entitled to receive from the Member the actual costs of the services provided. The Member shall remain liable for payment of the Copayments as set forth in the Schedule of Benefits. • When Allowable Expenses are incurred by such Member during any Claim Determination Period and include expenses for services, treatment, or supplies which are payable under Medicare, such Allowable Expenses shall be reduced by an amount equal to the benefits payable by Medicare before comuting the benefits payable under this Agreement. 7.4.1 TEFRA Options for Employers with 20 or More Employees Actively working covered Employees and their covered spouses who are eligible for Medicare will be permitted to choose one of the following options if the Employee is age 65 or older and eligible for Medicare: Option 1 - The service of the Group Agreement will be provided first and the benefits of Medicare will be provided second. Option 2 - Medicare benefits only. Subscriber and Dependents, if any, will not be covered by the Group Agreement. The employer will provide Subscriber with a choice to elect one of these options at least one month before becoming age 65. All new Employees age 65 or older will be offered these options when hired. If Option 1 is chosen, Subscriber's rights under this Agreement will be subject to the same requirements as for an Employee or Dependent who is under age 65. There are two categories of persons eligible for Medicare. The calculation and payment of ben- efits by this Agreement differs for each category. 16 Category 1 Medicare Eligibles are: 1. Actively working covered Employees age 65 or older who choose Option 1; 2. The age 65 or older covered spouses of actively working covered Employees age 65 or older who choose Option 1; 3. Age 65 or older covered spouses of actively working covered Employees who are under age 65; 4. Actively working covered Employees of employers with 100 or more Employees and their Covered Dependents who are entitled to Medicare by reason of disability other than End Stage Renal Disease (ESRD); and 5. Covered individuals entitled to Medicare solely on the basis of ESRD during a period of up to 12 months after the individual has been determined eligible for ESRD benefits. Category 2 Medicare Eligibles are: 1. Retired employees and their spouses; 2. Covered Employees of employers with less than 100 Employees and their covered Depen- dents who are entitled to Medicare by reason of a disability other than ESRD; and 3. Covered individuals entitled to Medicare solely on the basis of ESRD for more than 12 months after the individual has been determined eligible for ESERD benefits. Calculation and Provision of Services: For Members in Category 1, services are provied by this Agreement without regard to any benefits provided by Medicare. Medicare will then determine its benefits. For Members in Category 2, services are provided by the Group Agreement. Harris Health shall then have the right to recover the full amount of all Medicare benefits the Member is entitled to receive, whether or not the Member is actually enrolled for them. The Member should authorize payment of Medicare benefits directly to Harris Health for services rendered. If the Member does not authorize direct payment, he or she is responsible for Harris Health for the reasonable value of the services rendered. The Member is also responsible to Harris Health for the reasonable value of all Group Agreement services reimbursable by Medicare if - the Member is not enrolled for all benefits he or she is entitled to receive. 7.5 RIGHT TO RECEIVE AND RELEASE INFORMATION For purposes of administering the provisions of this section, Harris Health may, without further consent of, or notice to any Member, release to or obtain from any healthcare plan, insurance com- pany or other person or organization, any information with respect to any Member which it deems to be reasonably necessary for such purposes, as permitted by law. Any Member receiving services or claiming benefits under this Agreement shall furnish to Harris Health all information deemed necessary by Harris Health to implement this Section 7.0. 7.6 FACILITY OF PAYMENT Whenever payments which should have been made by Harris Health in accordance with this Section have been made by a Coordinated Plan, Harris Health shall have the right, exercisable alone and in its sole discretion, to authorize payment to the Coordinated Plan making such payments any amounts Harris Health shall determine to be warranted in order to satisfy the intent of this Section, and amounts when so paid shall be deemed to be benefits under this Agreement, and, to the extent of such payments, Harris Health shall be fully discharged from liability under this Agreement. 7.7 RIGHT OF RECOVERY Whenever payments have been made by Harris Health with respect to Allowable Expenses in a total amount which is, at any time, in excess of the maximum amount of payment neccessary at that time to satisfy the intent of this Section, Harris Health shall have the right to recover such payments, to the extent of such excess, from one or more of the following, as Harris Health shall determine: any per- son or persons to, or for, or witH respect to whom such payments were made, any insurance company or companies, and any other organization or organizations which provided services, or to which such payments were made. 17 T8 DISCLOSURE Each Member agrees to disclose to Harris Health at the time of enrollment, at the time of receipt of services and benefits, and from time to time as requested by Harris Health, the existence of other health plan coverage, the identity of the carrier, and the group through which such coverage is provided. 7.9 SUBROGATION Subrogation seeks to shift the expense for injuries suffered by Plan Members to those responsi- ble for causing them. In return for Harris Health providing benefits for injuries, ailments, or diseases caused as a result of the negligence, omission or willful act of a third party, each Member agrees to execute any instrument which may be needed in order for the right of subrogation to be effective. Each Member also agrees to assign to Harris Health the right of recovery against such third party to the extent of benefits received from or through Harris Health plus costs of legal suit including attorney fees. At the time such benefits are provided or thereafter as Harris Health may request, Member agrees to comply with the following provisions: Execute a formal written injury report and assignment to Harris Health of right to recover the reasonable value of any benefits provided directly by Harris Health and the actual costs paid by Harris Health under this Agreement for injuries, ailments and diseases caused by a third party together with the costs of legal suit including attorney fees. Reimburse Harris Health for the reasonable value of any benefits and services provided by Harris Health and in an amount equal to the charges therefor together with the costs of legal suit, including attorney fees, but not in excess of monetary damages collected, immediately upon receipt of any monies paid by or on behalf of a third party in settlement of any claim arising out of injuries, ailments and diseases covered by such third party. In determing the reasonable value of benefits and services provided by Harris Health, Harris Health shall con- sider charges for similar services being made by providers in the community which possess similar training or capability as well as unusual circumstances, or a medical complication requiring additional time, skill experience and/or facilities in connection with a particular ser- vice. Harris Health shall have a lien on any recovery from such third party whether by judg- ment, settlement, compromise or reimbursement. Execute and deliver such papers and provide such reasonable help (including authorizing bringing suit against such third party in Member's name and making court appearances) as may be necessary to enable Harris Health to recover the reasonable value of benefits and services provided by Harris Health, together with costs of legal suit, including attorney fees. Section 8.0 INDEPENDENT AGENTS/REFUSAL TO ACCEPT TREATMENT 8.1 INDEPENDENT AGENTS The relationships between Harris Health and contracting entities may be defined as follows: • The relationship between Harris Health and Member Hospitals is that of independently con- tracting entities. Member Hospitals are not agents or employees of Harris Health nor is Harris Health an agent of any Member Hospital. Member Hospitals shall maintain the hospital- patient relationship with Members and shall be the only parties responsible to Members for the Hospital services that they provide. • The relationship between Harris Health and Participating Providers is that of independent contracting entities. Participating Providers are not agents or employees of Harris Health nor is Harris Health an employee or agent of any Participating Provider. Participating Providers shall maintain the physician-patient or professional-patient relationship with Members and shall be the only parties responsible to Members for the services provided. Neither Harris Health nor any employee of Harris Health shall be deemed to be engaged in the practice of medicine. Harris Health shall in no way supervise the practice of medicine by any Participat- ing Provider hereunder, nor shall Harris Health in any manner supervise, regulate or interfere with the usual professional relationships between a Participating Provider and a Member. 16 • The relationship between Harris Health, the Group and any Member is that of independent contracting entities. Neither the Group nor any Member is the agent or employee of Harris Health, and Harris Health is not the employee or agent of the Group or any Member. Neither the Group or any Member shall be liable for any acts or omissions of Harris Health, its agents or employees, any Physician, any Hospital, or any other person or organization in which Har- ris Health has made, or hereafter shall make arrangements for the performance of services under this Agreement. 8.2 LIMITATION ON LIABILITY Harris Health does not guarantee by this Agreement that any Participating Provider shall per- form or properly perform such contracts; the only obligation of Harris Health in the event of breach of such contract by any Participating Provider shall be, upon request, to use its best efforts to procure the needed services from another provider. Harris Health shall not be liable to a Member for any act of omission or commission on the part of any Participating Provider. 8.3 REFUSAL TO ACCEPT TREATMENT/EXCESSIVE TREATMENT Members may, for reasons personal to themselves, refuse to accept services or complete a Course of Treatment as recommended by a Participating Physician. Participating Physicians shall use their best efforts to render all necessary and appropriate professional services in a manner compatible with the Member's wishes, insofar as this can be done consistently with such Participating Physician's judgment as to the requirements of proper medical practice. If a Member refuses to complete a recommended Course of Treatment, and the Participating Physician believes that no professionally acceptable alternative exists, such member shall be so advised. If upon being so advised, the Member still refuses to follow the recommended treatment or procedure, then the Member shall be given no further treatment for the condition, and neither the Par- ticipating Physician nor Harris Health shall have any further responsibility to provide care for such con- dition. A Member may appeal a withdrawal of treatment under this provision through the Member Complaint Resolution Procedure as described in Section 10.0 of this Agreement. If two (2) or more Participating Physicians who have rendered care to a Member inform Harris Health that the Member is receiving health services or prescription medications in a manner or in a quantity which is not medically necessary or not medically beneficial, the Member may be required by Harris Health to select a single Participating Primary Physician (hereafter referred to as a "Coordinat- ing Health Plan Physician") and a single Participating Pharmacy, if Pharmacy benefits are available to Member, for the provision and coordination of all future health services. If the Member fails to voluntar- ily select a Coordinating Health Plan Physician and a single Participating Pharmacy within thirty (30) days of written notice by Harris Health of the need to do so, Harris Health shall designate a Coordinat- ing Health Plan Physician and/or a Participating Pharmacy for the Member. Following selection or designation of a Coordinating Health Plan Physician for a Member, cov- erage of health services set forth on this Agreement shall be contingent upon each health service being provided by or through written referral to the Coordinating Health Plan Physician for that Member. If, after sixty (60) days from initial notification by Harris Health, the Member is not in compliance with this Section, the Member may be terminated by Harris Health under Section 4.2.7. Section 9.0 EXCLUSIONS ON SERVICE RESPONSIBILITIES The rights of Members and obligations of Participating Providers under this Agreement are subject to the exclusions as specified below. 9.1 MAJOR DISASTER OR EPIDEMIC In the event of any major disaster or epidemic that would severely limit the availability of Partici- pating Providers to provide healthcare services on a timely basis, Participating Providers shall, in good faith, use their best efforts to render the benefits and services covered insofar as practical according to their best judgment and within the limitation of such facilities and personnel as are then available. If Harris Health and Participating Providers shall, in good faith, have used their best efforts to provide or 19 make arrangements for the benefits and services, they shall have no further liability or obligation for delay or failure to provide such benefits and services due to a shortage of available facilities or per- sonnel resulting from such disaster or epidemic. 9.2 CIRCUMSTANCES BEYOND CONTROL In the event that, due to circumstances not reasonably within the control of Harris Health or Participating Providers, such as the complete or partial destruction of facilities because of war, riot, civil insurrection, or the disability of a significant number of Participating Providers, the rendering of benefits and services covered hereunder is delayed or rendered impractical, neither Harris Health nor any Participating Provider shall have any liability or obligation on account of such delay or such failure to provide such benefits and services, if they shall, in good faith, have used their best efforts to pro- vide or make arrangements for the benefits and services covered insofar as practical according to their best judgment and within the limitations of such facilities and personnel as are then available. Pre- mium payment shall be suspended for the duration of such time period for the Group. 9.3 FRAUDULENTLY OBTAINED BENEFITS In the event a member fraudulently obtains healthcare services as a result of the improper or unauthorized use of a Harris Health identification card, such Member agrees and is solely responsible for the payment of all charges for services so obtained and for the payment of all reasonable costs of collection thereof, including court costs, collection fees and attorney fees. 9.4 DISCONTINUANCE If Harris Health or Group determines it would be impractical to continue due to circumstances beyond the control of Harris Health or Group, Harris Health and Group may endeavor to agree to amendments and adjustments to this Agreement which relate to services and benefits to be discontin- ued. If parties cannot agree on amendments and adjustments, Harris Health or Group may terminate this Agreement at the end of any month upon at least sixty (60) days written notice for Group. In.the event of such termination, neither Harris Health nor Participating Providers shall have any further liabil- ity or responsibility under this Agreement. However, if any Participating Provider terminates their contract, then Harris Health shall be lia- ble for the continuance of services and benefits described in this Agreement. Such services shall be rendered to Members by other Participating Providers. Section 10.0 MEMBER COMPLAINT RESOLUTION PROCEDURE 10.1 COMPLAINT RESOLUTION PROCESS A Member may make an oral or written suggestion or indicate a complaint to any Harris Health employee or to any Participating Provider. All oral suggestions and complaints shall be handled promptly by Harris Health. If the Member is not satisfied with the response to an oral suggestion or complaint, the Member may file a written complaint by calling Harris Health or, at the Member's option the Member may file a written complaint by completing and forwarding a complaint form to Harris Health at the latest address provided on the front of this Agreement. A Harris Health Member Service Representative shall contact the Member by telephone to verify details and resolve the problem imme- diately if possible. Within fifteen (15) business days from the receipt of the oral or written complaint, Harris Health shall respond in writing to inform the Member of the progress or decision on the com- plaint. In the event a decision cannot be reached within fifteen (15) business days, Harris Health shall notify the Member that a decision shall be provided as soon as possible, but not later than sixty (60) days after initial receipt of the complaint. 10.1.1 Ad Hoc Review Committee If the Member is not satisfied with the resolution of the complaint by Harris Health, the Member may request a review by filing such a request, in writing, within fifteen (15) business days of receiving written notice of the resolution of the complaint. This request shall be sent to Harris Health. Upon receipt of this written request, Harris Health shall forward the request and any and all memoranda and notes made as a result of the original investigation of the complaint to the Medical Director and to Har- ris Health. 20 After reviewing the complaint records, Harris Health shall convene an Ad Hoc Review Commit- tee composed of Harris Health, the Medical Director, and at least two other individuals not involved in the initial investigation of the complaint. In the case of a complaint concerning medical treatment or services, medical personnel or facilities, such other individuals on the Ad Hoc Review Committee shall be Participating Physicians. Within fifteen (15) business days of receipt of the request for a review, Harris Health shall respond, in writing, to inform the Member of the decision or resolution of the com- plaint by the Ad Hoc Review Committee. 10.1.2 Notification By Review Committee If the original complaint involved a physician-patient relationship, the written response of the Ad Hoc Review Committee shall inform the Member that he has the option, at his discretion, to submit the complaint to the mediation service maintained by the Tarrant County Medical Society, and that such mediation shall usually be concluded within a thirty (30) day to sixty (60) day time period. The notice shall inform the Member that participation in the mediation process is voluntary and that mediation rec- ommendations are non-binding on both parties. As part of their contractual obligation to comply with the Health Plan rules and regulations, Participating Physicians must cooperate with the Tarrant County Medical Society mediation service. 10.2 COMPLAINT RESOLUTION APPEAL PROCESS If a Member is not satisfied with the decision of the Ad Hoc Review Committee, or the Tarrant County Medical Society mediation service, the Member may request an additional review by Harris Health. The Member must file a request for review within fifteen (15) business days of receipt of the decision of the Ad Hoc Review Committee or the mediation service. Upon receipt of a request for a review, Harris Health shall forward the review request and a complete record of the complaint history to the Medical Director and to Harris Health. After reviewing the complaint records, Harris Health shall convene an Ad Hoc Appeal Commit- tee composed of Harris Health, the Medical Director and at least two other individuals not involved in the initial investigation of the complaint. In the case of a complaint concerning medical treatment or services, medical personnel or facilities, such other individuals on the Ad Hoc Appeal Committee shall be Participating Physicians. Within fifteen (15) business days of receipt of the request for a review, Harris Health shall respond, in writing, to inform the Member of the decision or resolution of the complaint by the Ad Hoc Appeal Committee. If all parties involved in the complaint agree, the complaint response of the Ad Hoc Appeal Committee shall be final and binding on all parties. Section 11.0 HEALTH CARE SERVICES 11.1 Benefits and Services Harris Health agrees to arrange for the provision of the benefits and services in the Schedule of Benefits and/or Riders, in accordance with the procedures and subject to the limitations and exclu- sions specified in such Schedule of Benefits and/or Riders and in this Agreement. Unless referred in writing by a Participating Primary Physician (or by a Participating Specialist Physician), and except in cases of Medical Emergency, benefits and services set forth in the Limita- tions and Exclusions Section of the Schedule of Benefits or any Riders that are rendered by a Partici- pating Physician other than a Participating Primary Physician shall not be covered. All hospital admissions must be authorized by Harris Health, and the Member's condition or required services must be such that treatment can be rendered only in a hospital setting. Harris Health and the Participating Physician may decide to provide Medically Necessary services on an outpatient basis or in an outpatient surgery unit. The use of alternative levels of care, such as outpatient hospital or home care, will be encouraged where possible based on Member condition and treatment. Unless previously authorized in writing by a Participating Physician and by the Medical Director and except in cases of Medical Emergency, all benefits and services set forth in the Schedule of Ben- efits and any Riders shall be available and covered only when provided by a Participating Physician, Participating Hospital or by another Provider under contract with Harris Health to provide healthcare services to Members. 21 All charges related to services and supplies incurred prior to the Member's effective date, or after the Member's termination date of coverage under this Agreement shall not be covered. Section 12.0 TERM AND AMENDMENT OF AGREEMENT 12.1 TERM This Agreement shall remain in effect for the first Contract Year and thereafter for successive Contract Years unless sooner terminated as provided in Section 4.0 of this Agreement. 12.2 AMENDMENT • Harris Health and Group may mutually alter or revise the terms of this Agreement and/or Schedule of Benefits and Riders attached hereto. In the event of such alteration or revision, Harris Health shall provide Group with at least sixty (60) days written notice before effective date of Amendment. Such notice shall be considered to have been provided when mailed to the Group at the latest address shown on the records of Harris Health. • This Agreement may be amended at any time, according to any provision of this Agreement or by written agreement between Harris Health and Group, without the consent of the Mem- bers, or any other person having a beneficial interest in it. Any such amendment shall be without prejudice to any claim arising prior to the effective date of such amendment. 12.3 CHANGE OF RATES Harris Health shall have the right to change the rates and premiums payable hereunder (i) as of any Anniversary Date (in which case the Group shall be notified at least sixty (60) days prior to a change in rates) or (ii) in accordance with Section 12.2 of this Agreement. Section 13.0 MISCELLANEOUS PROVISIONS 13.1 USE OF WORDS Words used in the masculine shall apply to the feminine where applicable, and, wherever the context of this Agreement dictates, the plural shall be read as the singular and the singular as the plu- ral. The words "hereof;. "herein," "hereunder" and other similar compounds of the word "here" shall mean and refer to the entire Agreement and not to any particular Section or provison. All references to Sections and provisions shall mean and refer to Sections and provisions contained in this Agreement unless otherwise indicated. 13.2 RECORDS AND INFORMATION Harris Health shall conduct a review program for the healthcare services it provides hereunder and for that purpose may examine the records of each Member. Information from medical records of Members and information received from Physicians or Hospitals incident to the Physician-patient or Hospital-patient relationship shall be kept confidential. This information, except as reasonably neces- sary in connection with the administration of this Agreement or as required by law, shall not be dis- closed without the consent of the Member. Harris Health shall, to the extent legally allowable and without further consent of or notice to any Member, release to or obtain from any insurance company or other organization or person any information, with respect to any person, which Harris Health deems to be necessary for such pur- poses. Any person claiming benefits shall furnish to Harris Health such information as may be neces- sary to implement this Agreement. 13.3 INFORMATION FROM GROUP Group shall periodically forward the information required by Harris Health in conjunction with the administration of this Agreement. All records of Group which have a bearing on the coverage shall be open for inspection by Harris Health at any reasonable time. Harris Health shall not be liable for the fulfillment of any obligation dependent upon such information prior to its receipt in a form satisfactory to Harris Health. Incorrect information furnished may be corrected, if Harris Health shall not have acted to its prejudice by relying on it. Harris Health shall have the right, at reasonable times, to examine 22 Group's records, including payroll records of employers having employees covered through Group, with respect to eligibiliity and monthly premiums under this Agreement. 13.4 ASSIGNMENT The benefits to a Member under this agreement are specific to the Member and are not assignable or otherwise transferable. 13.5 AUTHORITY Any alterations or revisions to this Agreement shall not be valid unless evidenced by a written amendment which has been signed by Group and by an officer of Harris Health and attached to the affected document. No other person has the authority to change this Agreement or to waive any of its provisions. 13.6 GOVERNING LAW This Agreement is executed and is to be performed in all respects in accordance with all fed- eral and Texas state laws applicable to Health Maintenance Organizations and all other applicable Texas state laws or regulations. 13.7 INCORPORATION BY REFERENCE The Schedule of Benefits, Group Enrollment Agreement, Applications, any optional Riders, any Attachments, and any amendments to any of the foregoing, form a part of this Agreement as if fully incorporated herein. Any direct conflict or ambiguity of this Agreement shall be resolved under terms most favorable to the Member. 13.8 ENTIRE AGREEMENT This Agreement constitutes the entire understanding between Harris Health and Group. 13.9 INFORMATION TO MEMBER Upon execution of this Agreement, Harris Health shall provide to each Subscriber a copy of this Agreement and an Identification Card. Such delivery shall be accomplished by mailing postage paid, to the latest address furnished to Harris Health or by delivery from a representative of Harris Health or Group to Subscriber. 13.10 UNIFORM RULES In the administration of Harris Health, this Agreement shall be applied uniformly to all Members similarly situated. 13.11 CALCULATION OF TIME In determining time periods within which an event or action is to take place for purposes of Harris Health, no fraction of a day shall be considered, and any act, the performance of which would fall on a Saturday, Sunday, holiday or other non-business day, may be performed on the next following business day. 13.12 EVIDENCE Evidence required of any Member of Harris Health may be by certificate, affidavit, document, or other information which the person acting on it considers pertinent and reliable, and signed, made or presented by the proper party or parties. 13.13 SEVERABILITY If any provision of this Agreement shall be held invalid or illegal, the rest of this Agreement shall remain in full force and effect and shall be construed in accordance with the intentions of the parties as manifested by all provisions hereof including those which shall have been held invalid and illegal. Furthermore, in lieu of any provision hereof which is found to be illegal, invalid or unenforceable, there shall be added hereto a provision as similar in terms to such illegal, invalid or uninforceable provision as may be possible and be legal, valid and enforceable without materially changing the purpose and intent of this Agreement. 23 13.14 VENUE The parties hereby expressly agree that this Agreement is executed and shall be performable in Tarrant County, Texas, and venue of any disputes, claims, or lawsuits arising hereunder shall be in the said Tarrant County. 13.15 WAIVER OF NOTICE Any person entitled to notice under this Agreement may waive the notice. 13.16 HEADINGS The titles and headings of Sections or provisions are included for convenience of reference only and are not to be considered in construction of the Sections or provisions hereof. 13.17 NOTICE OF CERTAIN EVENTS If Group may be materially or adversely affected thereby, Harris Health shall, within a reasona- ble time, provide written notice to Group of any termination or breach of contract, or inability of any Participating Provider to provide the services and benefits as described in this Agreement. 13.18 NOTICE OF TERMINATION All Harris Health notices of termination of this Agreement or of any Member's rights will be in writing and shall state the cause of termination, with specific reference to the provision(s) of this Agree- ment giving rise to the right of termination. 13.19 NOTICE Any notice under this Agreement shall be postage prepaid, addressed as follows: Harris Health: 1300 Summit Avenue, Suite 300 Fort Worth, TX 76102 in writing, and shall be given by United States mail, Group: The address specified on the executed Group Enrollment Agreement or the latest address provided, in writing, to Harris Health. Subscriber: The latest address provided by the Subscriber on Application form actually delivered to Harris Health. The effective date of notice is two (2) business days after the date of deposit with the United States Post Office. 24 HARRIS HEALTH SERVICE AREA The Harris Health Service Area includes six- en (16) counties and parts of four (4) coun- es in North Central Texas. The following sixteen (16) counties are in- ',uded in the Service Area: ;oscue Hood wmmanche Johnson Dallas Limestone 7enton Parker ?rath Palo Pinto areestone Somervell Hamilton Tarrant --fill Wise :n the following four (4) counties. zip codes are included as specified in the Service Area: COUNTY ZIP CODES Coryell 76512 76525 76528 76538 76566 76580 Ellis 76064 76065 Montague 76230 76239 762,51 76270 Navarro 75110 76639 75153 76679 76681 1. All Saints Cityview Hospital 2. All Saints Episcopal Hospital 3. Arlington Memorial Hospital 4. Campbell Memorial Hospital 5. Cook-Fort Worth Children's Medical Center 6. Decatur Community Hospital 7. Denton Community Hospital 8. Harris Methodist Erath County 9. Harris Methodist Fort Worth 10. Harris Methodist Glen Rose 11. Harris Methodist II-E-B 12. Harris Methodist HEB-Springwood 13. Harris Methodist Northwest 14. Harris Methodist Southwest 15. Hood General Hospital 16. Huguley Memorial Medical Center 17. Medical Plaza Hospital 18. Osteopathic Medical Center of Texas 19. Parkview Regional Hospital 20. St. Joseph Hospital 21. Walls Regional Hospital SCHEDULE OF BENEFITS PREFERRED PLAN HARRIS HEALTH PLAN, INC. Health Maintenance Organization 1300 Summit Avenue, Suite 300 Fort Worth, Texas 76102 1-800/633-8598 (817) 878-5826 PREF-592 Each Subscriber and his Dependent Members are entitled to receive the services and benefits set forth in this Schedule of Benefits which are Medically Necessary and obtained in accordance with the provisions of the Group Health Care Agreement/Subscriber Certificate of Coverage. A. Upon enrollment, each Member shall choose (or the Subscriber shall choose on behalf of his Dependents) a Primary Care Physician, If the Member fails to choose a Primary Care Physi- cian, Harris Health shall assign a Primary Care Physician for the Member. The names and ad- dresses of the Primary Care Physician from which the Member may choose shall be provided to each Subscriber upon enrollment. Services are provided or coverage arrangements are avail- able twenty-four (24) hours per day, seven (7) days a week by calling the telephone number provided for the Primary Care Physician. B. A Member may change their Primary Care Physician by contacting the Harris Health Member Services Department at the address or telephone number specified above. The change will be- come effective on the first day of the month following the request. C. All health care services, except those resulting from a Medical Emergency, are to be per- formed, prescribed, arranged, directed or authorized by the Primary Care Physician selected by the Member. When care by a Specialist Physician is necessary, the Primary Care Physician shall coordinate the referral to a Participating Specialist Physician. No referral is necessary for a female member to obtain obstetrical/gynecological services from a Harris Health participating OB/Gyn Specialist. If a required specialty is not represented in Harris Health, a referral may be made to a Non-Participating Provider. All such non-emergency referrals must be authorized by the Harris Health before services are obtained. Any Member may obtain additional information as to how medical services are obtained by contacting the Harris Health at the address speci- fied above. D. Except in cases of a Medical Emergency, or as a result of special prior approval by Harris Health as specified above, only those services provided by a Participating Provider shall be covered under this Schedule of Benefits. E. All services and benefits are subject to any stated Copayment amounts, limitations, and exclu- sions described in this Schedule of Benefits. F. Any copayment expressed as a percentage of "Total Charges" shall mean the stated percent- age of the medical provider's preferred rate which is the amount paid to the medical provider by Harris Health. G. This Schedule of Benefits may be supplemented by additional benefit Riders if included with this Group Health Care Agreement/Subscriber Certificate of Coverage. The relationship between Harris Health and Participating Providers is that of independent con- tracting entities. Participating Providers are not agents or employees of Harris Health nor is Harris Health an employee or agent of any Participating Provider. Participating Providers shall maintain the physician-patient or professional-patient relationship with Members and shall be the only parties responsible to Members for the services provided. Neither Harris Health nor any employee of Harris Health shall be deemed to be engaged in the practice of medicine. Har- ris Health shall in no way supervise the practice of medicine by any Participating Provider, nor shall Harris Health in any manner supervise, regulate or interfere with the usual professional relationships between a Participating Provider and a Member. PREF-592 Only one Copayment will be required for covered services performed or furnished on same date of service by the same Provider. This Copayment will be the higher of all listed Copayments. Benefits Required Copayment Physician office visits, adult health assessments, routine $15.OONisit-Primary Care physical examinations, well child care, and health education and treatment of illness or injury provided i s, care for diagnos by Primary Care Physician Physician office visits from Specialist Physician $20.OONisit-Specialist Annual well woman examination $15.OONisit-Primary Care $20.OONisit-Specialist Physician office visits after hours $25.OONisit Immunizations and injections No Copayment Home visits $15.OONisit Hearing, vision, and speech screening provided by Primary $15.OONisit Care Physician to determine the need for correction Allergy diagnosis and/or testing; serum is not covered $50.OONisit Administered drugs, medications, dressings, splints, and $20.OONisit-Primaa fst are casts Diagnostic services, laboratory tests, and x-rays No Copayment Ultrasound, MRI, CAT, and non-routine laboratory tests $50.0011-est Surgery and/or anesthesia performed in the physician's office $50.00/Procedure (Phys.) or outpatient setting All physician fees including anesthesia while a member is 20% of Total Charges hospitalized, except professional radiology and pathology fees Professional radiology and pathology fees No Copayment Physician fee in an emergency room or urgent care center 20% of Total Charges 2 PREF-592 For maternity services within the Service Area, Member shall be entitled to receive medical, surgical, and hospital care from Participating Physicians and other Providers during the term of the pregnancy, upon delivery, and during the postpartum period for normal delivery; for abortion and miscarriages; and for complications of pregnancy. Charges related to medical services connected with the home delivery of a newborn and services of mid-wives, unless provided as Emergency Care Services, will not be covered. Any normal delivery which occurs outside the Service Area within thirty (30) days of the expected date of confinement as specified by a Participating Physician, will not qualify for Emergency Care Services benefits, and will not be a covered benefit. Benefits for the child of an unmarried Dependent Member will be provided if the child is considered to be a dependent of the Subscriber for Federal income tax purposes, and upon payment of the applicable premium. Benefits Required Copayment Physician services for maternity care including delivery, 20% of Total Charges hospital visits, and anesthesia Physician care in the hospital for care of Eligible Newborn 20% of Total Charges Member shall be entitled to receive Medically Necessary hospital services, subject to all definitions, terms and conditions of this Agreement and Schedule of Benefits when performed, prescribed, arranged for, directed or authorized by Participating Physicians and received at Participating Hospitals. Members electing to remain in the hospital beyond the period which is Medically Necessary will be responsible for direct payment to the hospital for any such time beyond the discharge time authorized by the Participating Physician and/or the Harris Health Medical Director or his designee. Benefits Required Copayment INPATIENT HOSPITAL SERVICES: 20% of Total Charges Semi-private room, private if Medically Necessary, and all services and medical supplies related to inpatient treatment. OUTPATIENT HOSPITAL SERVICES (Including Ambulatory Facilities) Surgery $100.00/Procedure (Facility) Therapeutic radiation treatment 20% of Total Charges Inhalation therapy 20% of Total Charges Diagnostic testing, laboratory, and x-rays No Copayment Ultrasound, MRI, CAT, and non-routine laboratory tests $50.00/Test PREF-592 In cases of a Medical Emergency, Member is entitled to the benefits and services set forth in this Schedule of Benefits and in this Agreement even if the services are not received from Participating Providers. Member is entitled to receive these bona fide emergency services provided after the sudden onset of a medical condition manifesting itself by acute symptoms of sufficient severity, including severe pain, such that the absence of immediate medical attention could reasonably be expected to result in placing the patient's health in serious jeopardy, serious impairment to bodily functions or serious dysfunction of any bodily organ or part. All treatment for such services will be reviewed retrospectively by the Harris Health Medical Director or his designee to determine whether an acute condition or situation indicated immediate emergency care to be appropriate. If upon review, the Harris Health Medical Director or his designee determines that no need for emergency care existed, the Member will be responsible for payment of all charges incurred for such care. WITHIN THE SERVICE AREA Emergency Care Services must be obtained or authorized through the Primary Care Physician who provides the Member with twenty-four (24) hours a day, seven (7) days a week access to call coverage to assist the Member in obtaining Emergency Care Services. At the time of a Medical Emergency, the Member or someone acting on behalf of the Member, shall make every reasonable effort to contact the Member's Primary Care Physician for advice. If it is not reasonably possible to contact the Primary Care Physician at the time (such as that of a life or limb threatening emergency), the Member shall seek care from a Participating Hospital or Participating Emergency Center. At the time of a Medical Emergency which results in a hospital admission, the Member or someone acting on behalf of the Member, shall notify Harris Health within twenty-four (24) hours or as soon as reasonably possible. Upon notification, the Harris Health Medical Director or his designee may coordinate transfer of the Member to the care of their Primary Care Physician or other designated provider when medically prudent to do so. Benefits (Within Service Area) Required Copayment Physician office visits $15.00Nisit-Primary Care $20.00Nisit-Specialist Physician office visits after hours $25.OONisit Hospital emergency room and urgent care center services, 20% of Total Charges including physician fees Follow-up care is covered from Primary Care Physician only, $15.OONisit-Primary Care or upon referral from the Primary Care Physician $20.00Nisit-Specialist PREF-592 OUTSIDE THE SERVICE AREA coverage for Emergency Care Services while outside the Service Area are available provided that such Emergency Care Services cannot be reasonably delayed without risk to Member until the Member is able to return to the Service Area to obtain treatment from Participating Providers. At the time of a Medical Emergency which results in a hospital admission, the Member or someone acting on behalf of the Member, shall notify Harris Health within twenty-four (24) hours or as soon as reasonably possible. Upon notification, the Harris Health Medical Director or his designee may coordinate any transfer of management and control of the care to a Participating Provider or other designated provider in the Service Area as soon as medically prudent to do so. Continuing or follow-up treatment shall be provided within the Service Area. No claim for out-of-area emergency services shall be allowed when procedures in this section are not complied with by the Member. Benefits (Outside the Service Area) Required Copayment Physician office visits for stabilization and emergency care $15.00Nisit-Primary Care services only $20.OONisit-Specialist Physician office visits after hours $25.00Nisit Hospital emergency room and urgent care center services for 20% of Total Charges stabilization only, including physician fees Follow-up care is covered from Primary Care Physician only, $15.OONisit-Primary Care or upon referral from the Primary Care Physician $20.00Nisit-Specialist Family Planning Services will be available to Members on a voluntary basis. Covered services are limited to the use of Participating Providers and will include history, physical examination, related laboratory tests; medical supervision in accordance with generally accepted medical practice; information and counseling on contraception, including advice or prescription for a contraceptive method; education, including education on the prevention of venereal disease; and voluntary sterilization after appropriate counseling. Benefits Required Copayment Physician office visits, including related testing, education and counseling $15.OONisit-Primary Care $20.00/Visit-Specialist Fitting and dispensing of IUD and diaphragms $15.OONisit-Primary Care $20.00Nisit-Specialist Tubal ligation $50.00/Procedure (Phys.) Vasectomy $50.00/Procedure (Phys.) PREF-592 Infertility services will be available to Members on a voluntary basis. Artificial insemination and diagnostic services to determine the cause of infertility will be provided from Participating Providers and Participating Facilities. Excluded from services to treat infertility are those services described in "Exclusions," Section XIX, Number 23 of this Schedule of Benefits. Benefits Required Copayment Physician office visits for diagnosis, non-psychiatric $15.00Nisit-Primary Care counseling, artificial insemination, and sperm count $20.OONisit-Specialist Administration of infertility medications; infertility $15.OONisit-Primary Care medications not covered $20.OONisit-Specialist Endometrial biopsy, hysterosalpingography and diagnostic 20% of Total Charges laparoscopy Sonogram and/or ovulation kit $50.00/Test or Kit Member shall be entitled to all necessary care and treatment for chemical dependency on the same basis as that provided for any physical illness to a lifetime maximum of three (3) separate series of treatments for the member. Diagnosis and treatment for chemical dependency shall include detoxification and/or rehabilitation on either an inpatient or outpatient basis as determined to be Medically Necessary by Participating Physicians. All treatment is subject to the same limitations, exclusions, and copayments as applied to covered services of any other physical illness. A series of treatments is considered to be a planned, structured, and organized program to promote chemical free status which may include different facilities or modalities and is complete when: The member is discharged on medical advice from inpatient detoxification, inpatient rehabilitation treatment, partial hospitalization or intensive outpatient; or The member has received a series of these levels of treatments without a lapse in treatment; or The member fails to materially comply with the treatment program for a period of thirty (30) days. Benefits Office visits Necessary care and treatment for detoxification and/or rehabilitation from chemical dependency Intensive outpatient or partial hospitalization Required Copayment $15.OONisit-Primary Care $20.OONisit-Specialist $15.OONisit-Primary Care $20.OONisit-Specialist 20% Total Inpatient Charges 20% Total Inpatient Charges PREF-592 OUTPATIENT MENTAL HEALTH SERVICES: Member shall be entitled to receive up to twenty (20) office visits per Calendar Year for evaluation, crisis intervention and stabilization, and for outpatient therapy in support of the evaluation or crisis intervention. Member must be referred by the Primary Care Physician or by the Harris Health designee to Participating Specialist. Services must represent treatment for conditions which in the judgment of Participating Providers can substantially benefit from short-term treatment. The twenty (20) visits maximum may include individual treatment, couple, or family visits. Benefits Required Copayment Outpatient office visits for crisis intervention and treatment $20.OONisit Psychological testing 20% of Total Charges INPATIENT MENTAL HEALTH SERVICES: When determined to be Medically Necessary by Participating Physician or by the Harris Health designee, the Member shall be entitled to evaluation, crisis intervention, treatment or any combination thereof for acute conditions at a Participating Facility. Services must represent treatment for conditions which in the judgment of Participating Providers can substantially benefit from treatment, and requires inpatient treatment. Only treatment at the most appropriate level of care as determined by Participating Providers or by the Harris Health designee will be authorized by Harris Health. Chronic mental health conditions and long-term treatment are not covered. Benefits Inpatient hospitalization for up to thirty (30) inpatient days per Calendar Year. Psychiatric Day Treatment Facility, Crisis Stabilization Unit or Residential Treatment Center for Children and Adolescents for up to sixty (60) days per Calendar Year. Treatment in such facilities will be limited to sixty (60) days of care such that one (1) day of care shall be equal to one-half (1/2) day of inpatient care. Required Copayment 20% of Total Charges 20% of Total Charges PREF-592 Member shall be entitled to receive short-term physical or occupational therapy rehabilitation services from a Participating Provider for conditions which in the judgment of Participating Physicians are Medically Necessary, subject to significant improvement through short-term treatment, and authorized by Harris Health before services are obtained. Short-term treatment is defined as up to sixty (60) consecutive days or twenty-five (25) visits per condition, whichever is greater, and shall be provided on an outpatient basis only. Short-term rehabilitation services on an inpatient basis or in a skilled nursing facility will be authorized only if other non-rehabilitation medical services are required by the Member. Occupational therapy shall mean those services designed to prevent dysfunction, restore functional ability and facilitate maximal adaptation to impairment. Benefits Hospital, home health agency, or other provider for restorative treatment subject to short-term clinical improvement, and limited to sixty (60) consecutive days or twenty-five (25) visits per condition, whichever is greater. Long-term or maintenance services are not covered. Required Copayment $15.OONisit-Primary Care $20.OONisit-Specialist 20% Total Inpatient Charges Member shall be entitled to services and benefits provided within the Service Area for kidney dialysis upon prior authorization from Harris Health and by referral to Participating Providers, only if Participating Physician determines that such service represents the preferred method of treatment, and the Member satisfies criteria for the service involved. Coverage will be coordinated for any Member eligible for available coverage under the Medicare provisions for End Stage Renal Disease. Benefits Inpatient or outpatient hospital, or outpatient kidney dialysis center Home dialysis (continuous ambulatory peritoneal dialysis) including equipment, training, solutions, coils, drug and surgical supplies Benefits Member shall be entitled to both land and air ambulance services for Medically Necessary Emergency Care Services Required Copayment $20.00Nisit-Outpatient 20% Total Inpatient Charges $20.OONisit Required Copayment 20% of Total Charges PREF-592 Member shall be entitled to receive home health care services from a Participating Provider according to a treatment Plan approved by the Participating Physician, and with prior authorization from Harris Health. Treatment will be provided only for those medical conditions subject to clinical improvement through short-term treatment; for recovery or rehabilitation of illness or injury; or for treatment of terminal illness. Benefits Required Copayment Skilled nursing care; physical, occupational; or respiratory $15.OONisit therapy; intravenous solutions; and home health aid services Hospice (home health service only) $15.OONisit Member is entitled to receive services in a Participating Skilled Nursing Facility for medical conditions which in the judgment of a Participating Physician is subject to significant clinical improvement and which require services which can only be provided at that level of care. Services in a Skilled Nursing Facility may be provided in lieu of hospitalization (either in lieu of admission or upon discharge from inpatient care) as Medically Necessary based on acuity of services and patient condition, are limited to sixty (60) days per Calendar Year, and include Participating Physician services only. Benefits Required Copayment Room, board, medications and supplies while confined in a 20% of Total Charges Skilled Nursing Facility as part of a short-term recovery or rehabilitation program Participating physician visits while confined to Skilled Nursing 20% of Total Charges Facility Member shall be entitled to prosthetic medical services or medical appliances if Medically Necessary, with authorization from Harris Health, and received from Participating Providers. While the Member is covered under this Agreement, initial prostheses are provided when required due to illness or injury. Replacement is provided only when marked physical changes occur which require replacement, and is not provided for items which wear out due to normal usage. Benefits Required Copayment Internal prosthetic appliances including internal cardiac 20% of Total Charges pacemakers, and minor devices such as screws, wire mesh, nails, and artificial joints. Supply of or replacement of internal breast prothesis covered only if initial surgery was result of injury or disease. PREF-592 Benefits Required Copayment External prosthetic appliances including artificial arms, legs, 20% of Total Charges above or below knee or elbow prostheses; eyes, lenses, external cardiac pacemaker; terminal devices such as hand or hook; rigid or semirigid immobilizing devices such as arm, leg, neck or back braces; and ordinary splints, and crutches Member shall be entitled to benefits received from a Participating Provider for certain durable medical equipment, as ordered by a Participating Physician, and with prior authorization from Harris Health. Durable medical equipment must be able to withstand repeated use, primarily and customarily serve a medical purpose, generally not be useful in the absence of illness or injury, require a Participating may rent or Phsician's order, and be purchase approved equipment. Harrise Hfor ealth sretains the right of possession of equipment. Harris Health shall have no liability or responsibility for repair or replacement of equipment lost or damaged. Equipment not considered durable medical equipment is described in ''Exclusions'', Section XIX, Number 31 of this Schedule of Benefits. Benefits Rental or purchase of medical equipment Required Copayment 20% of Total Charges The Member shall be entitled to services for the initial stabilization of acute accidental, non- occupational injury, to sound natural teeth with prior authorization by Harris Health, when provided within thirty (30) days of the accident on an outpatient basis only. While Member is covered under this Agreement coverage is limited to treatment of fractured or dislocated jaw, or to repair damage to sound natural teeth. Limitations and exclusions for dental services are described in Section XVIII, Number 3 and Section XIX, Number 17 of this Schedule of Benefits. Copayments will be the same as described for other illness or injury services. The maximum annual Copayments for covered benefits, under this Schedule of Benefits, shall not exceed the following in a Calendar Year as described in Section 5.3, of the Group Health Care Agreement/Subscriber Certificate of Coverage. Benefits Maximum Annual Copayments Per Member $2,000.00 P Per Family $4,000.00 P 10 PREF-592 The following services are limited as described below: 1. Any service, supply, or treatment which is not provided, ordered, performed, prescribed, directed, referred, arranged, authorized or approved by the Member's Primary Care Physician, or the Harris Health Medical Director or his designee, will not be covered; except for Emergency Care Services as described in this Schedule of Benefits. 2. Services by physicians, facilities or other providers, who are not Participating Providers, will not be covered; except for Emergency Care Services as described in this Schedule of Benefits, or those services authorized in advance in writing by the Harris Health Medical Director or his designee. 3. Care and treatment of the teeth or gums, except for oral surgery for tumors or injuries to the jaw bone or surrounding tissue, is limited to the initial stabilization of acute, accidental non occupational injury to sound, natural teeth when provided within thirty (30) days of the accident on an outpatient basis only. 4. Coverage for vision examinations is limited to conditions which require examination to diagnose injury or illness, unless covered by Rider attached to this Agreement. 5. The benefit for durable medical equipment is limited to either the total rental cost or the purchase price of such equipment, whichever is less, as determined and authorized in advance by the Harris Health Medical Director or his designee. Harris Health shall have no liability or responsibility for repair or replacement of equipment lost or damaged. 6. Care and treatment provided in non-participating hospital owned or operated by federal, state, county or city government is limited to the care for the condition which the law requires to be treated or provided in a public facility. 7. The purchase or fitting of eye glasses or contact lens or advice on their care is limited to the initial set of eye glasses, contact lens, or lens implant required following cataract surgery, repair of congenital defect or as required by an accidental injury to the Member. 8. Coverage for reconstructive surgery is limited to surgery necessary to repair a functional disorder resulting from disease, injury, or congenital defect. Supply or replacement of internal breast prothesis is covered only if initial surgery was a result of injury or disease. 9. Any normal delivery for the Member which occurs outside the Service Area, and is within thirty (30) days of the expected date of confinement, as specified by a Participating Physician, will not qualify as Emergency Care Services benefits described in this Schedule of Benefits. 10. Benefits for Dependents who are students temporarily residing outside the Service Area, are limited to Emergency Care Services only outside the Service Area. The Dependent must return to the Service Area for all other services. 11. Coverage for treatment of the tempo romandibular (jaw or craniomandibular) joint is limited to Medically Necessary diagnostic services and/or surgical treatment as determined to be Medically Necessary by the Harris Health Medical Director or his designee. All services must be provided by a Participating Provider. Charges related to dental services for this condition are not covered. PREF-592 11 12. If Medically Necessary and authorized by the Harris Health Medical Director or designee, Harris Health will cover kidney transplants, corneal transplants, liver transplants for children with congenital biliary atresia, and bone marrow transplants for Aplastic Anemia; Leukemia; Lymphoma; Severe Combined Immunodeficiency Disease; or Wiskott-Aldrich Syndrome where traditional modalities of traditional medical therapy have been exhausted. Medical costs for organ procurement associated with the removal of an organ for a covered transplant when the recipient is a Member are limited to a maximum benefit of $10,000. Charges related to organ, tissue, or artificial organ transplants except as otherwise specified in this section are excluded. The donor's transportation costs are not covered. Services provided to any Member for the donation of any organ or element of the body are not covered. 13. Benefits for the and upon considered to be ~afdependentoof the Subscriber DforeFederalvinlcome provided Ipu poses, the payment of the applicable premium. PREF-592 12 The following services and supplies, and the cost thereof, are excluded from coverage under this Agreement, unless specifically added by Rider to this Schedule of Benefits. 1. Charges related to any service or treatment which a Member would not be legally required to pay in the absence of this Agreement. 2. Charges related to personal, convenience, or comfort items such as personal kits provided on admission to a hospital, television, telephone, newborn infant photographs, guest meals, birth announcements, and other related articles which are not for the specific treatment of illness or injury. 3. Charges related to transportation, except charges related to land and air ambulance services for Medically Necessary Emergency Care Services described in Section XI of this Agreement. 4. Charges related to private hospital room and/or private duty nursing. 5. Charges related to services rendered by a person who resides in a Member's home, or by an immediate relative of the Member. 6. Charges related to services for military or service connected conditions for which the Member is legally entitled, and for which appropriate facilities are reasonably available to the Member. 7. Charges related to occupational injury or illness or conditions covered under Worker's Compensation. 8. Charges related to homemaker, chore or similar services; and health care services primarily for rest, custodial, respite, domiciliary, or convalescent care. 9. Charges related to reports, evaluations, or physical examinations not required for health reasons (not Medically Necessary). Excluded items are: reports for employment, insurance, camp, adoption, travel, or government licenses. 10. Charges related to drugs or medicines, prescription or non-prescription, provided to the Member while he or she is not an inpatient, unless added by Rider to this Schedule of Benefits. 11. Charges related to experimental drugs or substances not approved by the FDA for other than FDA approved indications; and drugs labeled "Caution - limited by Federal Law to investigational use." 12. Charges related to formulas, dietary supplements, or special diets provided to the Member on an outpatient basis. 13. Charges related to vision care. Excluded services are: examination for eye glasses; refraction, dispensing, or fitting of eye glass frames and lenses; all types of contact lens; eye exercise and visual training; and orthoptics; except as otherwise specified in Section XVIII, Number 4 of this Schedule of Benefits. 14. Charges related to radial keratotomy or other radial keratoplasties, and all costs associated with such surgery. PREF-592 13 15. Charges related to hearing aids, batteries, and examinations for fitting thereof unless added by Rider to this Schedule of Benefits. 16. Charges related to the care and treatment of the feet unless such services are Medically Necessary. Exclusions include routine foot care, such as removal of corns, calluses, or the trimming of nails; treatment for flat feet; orthotics; arch supports; or custom fitted braces and splints. 17. Charges related to dental care, except as otherwise specified in Section XVI of this Schedule of Benefits, including services related to the care, fillings, removal, or replacement of teeth; treatment of diseases of the teeth or gums; extraction of wisdom teeth; malocclusion or malposition of the teeth and jaws (mandibular hyperplasia/hypoplasia); professional services or anesthesia related to or required for the sole purpose to provide dental care; hospital care; inpatient or outpatient surgery required for any dental care; prescription drugs for dental treatment; dental x-rays; dentures; and dental appliances or prostheses. 18. Charges related to surgical procedures and other treatment associated with the treatment of obesity, regardless of associated medical or psychological conditions, including treatment of a complication of surgical treatment for obesity. Excluded procedures are: intestinal or stomach bypass surgery, gastric stapling, wiring of the jaw, insertion of gastric balloons, or similar procedures. 19. Charges related to transsexual surgery, including medical or psychological counseling or hormonal therapy, in preparation for or subsequent to any such surgery. 20. Charges related to services for cosmetic surgery or reconstructive surgery, except as otherwise specified as covered in this Schedule of Benefits. Cosmetic surgery exclusions are: rhinoplasty; scar revisions; prosthetic penile implants; surgical revision or reformation of any sagging skin on any part of the body, described as relating to the eye lids, face, neck, abdomen, arms, legs or buttocks; liposuction procedures; any services performed in connection with the enlargement, reduction, implantation or appearance of a portion of the body described as the breast, face, lips, jaw, chin, nose, ears, or genitals; hair transplantation; chemical face peels or abrasions of the skin; removal of tatoos; and electrolysis depilation. Supply or replacement of internal breast prothesis is covered only if initial surgery was a result of injury or disease. 21. Charges related to reduction mammoplasty, unless determined to be Medically Necessary by the Harris Health Medical Director or his designee. 22. Charges related to reversal of surgically performed sterilization or subsequent resterilization. 23. Charges related to surrogate parenting; in-vitro fertilization; GIFT procedures; and any costs associated with the collection or storage of sperm for artificial insemination including donor fees; and infertility medications unless added by Rider to this Schedule of Benefits. 24. Charges related to amniocentesis, ultrasound, or any other procedure performed solely for sex determination of the fetus. 25. Charges related to medical and hospital care for an infant of an unmarried Dependent Member, unless the infant is considered to be a dependent of the Subscriber for Federal income tax purposes, and applicable premium payment has been made. 26. Charges related to mental health services for psychiatric conditions which are determined by the Harris Health Medical Director or his designee, to be chronic or organic in nature, and which will not substantially benefit from short-term evaluation, crisis intervention and stabilization, or short-term treatment. PREF-592 14 27. Charges related to court ordered testing, and special reports not directly related to medical treatment. 28. Charges related to services for the treatment of mental retardation and mental deficiency. 29. Charges related to employment, vocational, or marriage counseling; behavioral training; remedial education, including evaluation and treatment of learning and developmental disabilities and minimal brain dysfunction; or attention deficit therapy. 30. Charges related to services for chronic intractable pain provided by a pain control center; acupuncture, naturopathy, and hypnotherapy; holistic or homeopathic care, including drugs; and ecological or environmental medicine. 31. Charges related to durable medical equipment, unless described in this Schedule of Benefits. Excluded items are: (a) equipment, such as motor driven wheel chairs and beds, possessing features of an aesthetic nature or features of a medical nature which are not required by the patient's condition; (b) items not primarily medical in nature or for the patient's comfort and convenience, such as bed boards, bathtub lifts, over-bed tables, adjust-a-bed, and telephone arms; (c) physician's equipment such as stethoscope and sphygmomanometer; (d) exercise equipment such as exercycles and enrollment in health or athletic clubs; (e) self-help devices not primarily medical in nature, such as sauna or whirlpool baths, chairs, and elevators; (f) corrective orthopedic shoes and arch supports; (g) supplies or equipment for common household use, such as but not limited to, air purifiers, central or unit air conditioners, water purifiers, allergenic pillows or mattresses, and water beds; and (h) research equipment or items deemed to be experimental as determined by the Harris Health. Harris Health shall have no liability or responsibility for repair or replacement of equipment lost or damaged. 32. Charges related to prosthetic medical appliances, except as specified in Section XIV of this Schedule of Benefits. Excluded items include: (a) dentures, hearing aids unless provided by Rider, and contact lens; (b) medical supplies such as elastic stockings, garter belts, arch supports, corsets, and corrective orthopedic shoes; (c) research devices or items deemed to be experimental as determined by Harris Health; and (d) replacement, repair, and routine maintenance of covered appliances or braces unless surgically implanted, or replacement required due to a marked change in physical growth or physical requirements. 33. Charges related to medical supplies, aids, and appliances except as otherwise specified as covered in this Schedule of Benefits. Excluded items are: consumables, disposable supplies, sheaths, bags, gloves, cervical collars, elastic stockings, stethoscopes, blood pressure units, traction apparatus, slings, TENS or electrical nerve stimulation devices, wigs or hair pieces, dressings, testing supplies, syringes, home testing kits, disposable diapers or incontinent supplies, and over-the-counter medications. 34. Charges related to inpatient or outpatient long-term neuromuscular, or occupational therapy services or other rehabilitation services in excess of sixty (60) days per condition or twenty- five (25) outpatient visits, whichever is greater. 35. Charges related to recreational or educational therapy, and any related diagnostic testing, except as provided by the hospital as part of an approved inpatient hospitalization. 36. Charges related to structural changes to a house or vehicle. 37. Charges related to any medical, surgical, or health care procedure or treatment held to be experimental or investigational at the time the procedure or treatment is performed. Harris Health will utilize findings and assessments of national medical associations, professional societies and organizations, and any appropriate technological body established by any state or federal government or similar entities to determine coverage and/or effectiveness. PREF-592 15 PRESCRIPTION DRUG RIDER FORIUSE ONLY WITH GROUP HEALTH CARE AGREEMENT/SUBSCRIBER CERTIFICATE OF COVERAGE HARRIS HEALTH PLAN, INC. Health Maintenance organization 1300 mmit Avenue, Suite 300 FSuort Worth, Texas 76102 800/633-8598 1.0 INTRODUCT In consideration for the timely payment of premiums, and all other terms and conditions of the Group Health Care Agreement/Subscriber Certificate of Coverage ("Agreement"), it is agreed that the benefits of this Rider, togetherjwith the terms and conditions of this Rider, shall be added to Agreement as issued if this Rider is accepted by the Group. 2.0 DEFINITIONS Benefits'i for outpatient prescription drugs provided through this Rider shall bei subject to the provisions and definitions of Agreement to which this Rider is a part. Prescription Drugs shall mean only those drugs and medicines which are prescribed by a Participating Physician, and legally require the written prescription of a Physician before they can be obtained by the Member. Heritable disease shall mean an inherited disease that may result in mental or physical retardation or death. Phenylketonuria (PKU) shall mean an inherited condition that may cause severe mental retardation if not treated. 3.0 BENEFITS For the purpose of this Rider, benefits for covered outpatient prescription drugs shall include only those drugs and medicines which are written', by Participating Physician, and obtained from a Participating fllal III... I.. Benefit limitations and Member cost shall be as follows: o $10.00 per new prescription or refill for each thirty-four (34) day supply or fraction thereof. 0 $240.00 per Norplant device. 1 PDMIO-892 6.0 EXCLUSIONS (Continued) o Drugs not requiring a prescription (OTC, Vitamins, Cough Syrup, etc.), except PKU and other heritable diseases supplements o Drugs to be consumed in an inpatient or other institutional care setting o Drugs requiring parenteral use or subcutaneous use o Charges for cost difference in a brand name product when generic drugs are prescribed or permitted by physician 0 Nutritional or dietary supplement, or formulas other than prescription required vitamins o Prescription written by nonparticipating physicians o Medications dispensed by physician offices o Prescriptions Drugs for cosmetic conditions not covered in the Schedule of Benefits (such as Retin-A, Minoxidil, etc.) PDMIO-892 4 SERIOUS MENTALIIEALTII RIDER FOR USE ONLY WITH GROUP HEALTH CARE AGREEMENT/SUBSCRIBER CERTIFICATE OF COVERAGE HARRIS HEALTH PLAN, INC. Health Maintenance Organization 1300 Summit Ave, Suite 300 Fort Worth, Texas 76102 800/633-8598 1.0 INTRODUCTION In consideration for the timely payment of premiums, and all other terms and conditions of the Group Health Care Agreement/Subscriber Certificate of Coverage ("Agreement") , it is agreed that the benefits of this Rider, together with the terms and conditions of this Rider, shall be added to Agreement as issued if this Rider is accepted by the Group. 2.0 DEFINITIONS Benefits for Serious Mental Health provided through this Rider shall be subject to the provisions and definitions of the Agreement to which this Rider is a part. Serious Mental Illness shall mean the following psychiatric illnesses as defined by the American Psychiatric Association in the Diagnostic and Statistical Manual (DSM) III-R: 1. Schizophrenia; 2. Paranoid and other psychotic disorders; 3. Bipolar disorders (mixed, manic, and depressive); 4. Major depressive disorders (single episode or recurrent); and 5. Schizo-affective disorders (bipolar or depressive). 3.0 BENEFITS For the purpose of this Rider, benefits for Serious Mental Illness care shall include only those services obtained from Participating Providers. Copayment by Member: Mental health services provided for Serious Mental Illness shall be provided subject to the same limitations, exclusions, and copayments as applied to covered services of any other physical illness. SMI-292 4.0 ELIGIBILTTY Benefits under this Rider are available to the Subscriber and Dependents (Members) as identified in Agreement. Benefits provide no conversion privileges or benefit continuity for Members when such persons are no longer entitled to Group benefits as set forth in Agreement to which this Rider is attached. 5.0 EXCLUSIONS Charges related to mental health services for psychiatric conditions determined by the Harris Medical Director or his designee, as not qualifying for coverage under this Rider will be subject to the same limitations, exclusions, and copayments as applied to mental health services listed in the Schedule of Benefits of which this Rider is a part. Services must be obtained in accordance with Harris Health utilization review guidelines. 2 SMI-292 SERIOUS MENTAL HEALTH RIDER FOR USE ONLY WITH HARRIS HEALTH GROUP HEALTHCARE AGREEMENT/ SUBSCRIBER CERTIFICATE OF COVERAGE ACCEPTED: Group By: Audic Date: REJECTED: Group By: Authorized Representative HARRIS HEALTH PLAN, INC. By: Senior Vic President, Managed Care Marketing 1300 Sununit Avenue, Suite 200 Fort Worth, TX 76102 (817) 878-5830 Date: t i 4 (7 . Date: IN-VITRO FERTILIZATION RIDER FOR USE ONLY WITH HARRIS HEALTH GROUP HEALTHCARE AGREEMENT/ SUBSCRIBER CERTIFICATE OF COVERAGE HARRIS HEALTH PLAN, INC. Health Maintenance Organization 1300 Summit Avenue, Suite 300 Fort Worth, Texas 76102 800/633-8598 1.0 In consideration for the timely paymentof premiums, and all other terms and conditions of the Group Healthcare Agreement/Subscriber Certificate of Coverage ("Agreement"), it is agreed that the benefits of this Rider, together with the terms and conditions of this Rider, shall be added to Agreement as issued if this Rider is accepted by the Group. 2.0 BENEFITS For the purpose of this Rider, outpatient expenses arising from in-vitro fertilization procedures for the Subscriber or the Subscriber's spouse, the following conditions shall apply: The fertilization or attempt at fertilization of the Member's oocytes is made only with Member's spouse's sperm. The Member and the Member's spouse have a history of infertility of at least five continuous years duration; or the infertility is associated with one or more of the following medical conditions: a. endometriosis; b. exposure in utero to diethylstilbestrol (DES); c. blockage of, or surgical removal of, one or both fallopian tubes (non-voluntary); or d. oligospermia. The Member has been unable to attain a successful pregnancy through any less costly applicable infertility treatments for which benefits are available under the Plan. The in-vitro fertilization procedures are performed at a medical facility that conforms to the American College of Obstetric and Gynecology guidelines for in-vitro fertilization clinics or to the American Fertility Society minimal standards for programs of in-vitro fertilization. Benefits for in-vitro fertilization procedures shall be provided to the same extent as the benefits for other pregnancy-related procedures under the Plan. NP188 3.0 ELIGIBILITY Benefits under this Rider are available to the Subscriber and the Subscriber's spouse. Benefits provide no conversion privileges or benefit continuity for Members when such persons are no longer entitled to Group benefits as set forth in Agreement to which this Rider is issued. 4.0 LIMITATIONS Benefits shall be provided only if recommended by a Harris Health Primary or Harris Health Specialty Physician and have received prior written approval from the Harris Medical Director of his designee. IVFl88 2 IN-VITRO FERTILIZATION RIDER FOR USE ONLY WITH HARRIS HEALTH GROUP HEALTHCARE AGREEMENT/ SUBSCRIBER CERTIFICATE OF COVERAGE HARRIS HEALTH PLAN, INC. By: L i >2x~ Senior Vice resident, Managed Care Marketing 1300 Summit Avenue, Suite 200 Fort Worth, TX 76102 (817) 878-5830 z Date: I I a' / REJECTED: C6& Group V// 4/ 1 A By: Date: Harris Methodist Health Insurance Preferred Plus Non-network HARRIS METHODIST HEALTH INSURANCE COMPANY GROUP ENROLLMENT APPLICATION The Harris Methodist Health Insurance Company, and City of Denton (Group), agree to be bound by the provisions for health care service in accordance with this Group Enrollment Application, the Coverage Agreement, the Listing of Benefits, and any amendments and riders. Coverage will be for eligible members of Group and their Dependents who enroll in Harris Methodist Health Insurance Company. Eligible members of the Group are those persons who are exempt employees and work at least (30) hours per week and who comply with the provisions of this agreement. The Group agrees that, after the original enrollment period under the Coverage Agreement, each new employee will be given the opportunity to elect membership as procedure of employment. Effective dates of Harris Methodist Health Insurance Company Coverage of new Subscribers and of termination of Coverage offered by Group will be (check appropriate box): Coverage Effective Date XX Date of hire First of month from date of hire Other (specify) On the first day of each month, Premiums for that month are payable as follows: Termination Effective Date Date Employment ends End of month in which employment ends Other (specify) In full for the complete month in which coverage begins or ends. XX In full if coverage begins on or before 15th of month or ends on or after the 16th of the month. Prorated according to the actual number of days covered. Other (specify) The benefits selected by Group are as follows: Preferred Plus Prescription Rider (Circle o In Vitro Fertilization Yes No This agreement will become effective January 1 , 19 94 . The contract term is 12 months. This agreement will automatically renew for successive twelve (12) month period unless terminated by Harris Methodist Health Insurance Company or the Group in accordance with the provisions for the Coverage Agreement. This Agreement will be governed by the laws of the State of Texas. All notices should be sent to these administrative addresses: HARRIS METHODI HEALTH I dSURANCE COMPANY Accepted by:~ Title:Senior Vice President, Insurance & Managed Care Initiatives Address:l300 Summit Avenue, Suite 800 _ Fort Worth TX 76102 GROUP:... Citv oCDentic By: ' Title' Address: 324 East McKinne Denton. TX 76201 The Harris Methodist Health Insurance Company and the Group agree that this agreement will not become effective unless at least N/A employees initially enroll in Harris Methodist Health Insurance Company. P08-OA-7/20/92 HARRIS METHODIST HEALTH INSURANCE COMPANY PREMIUM RATES 1994 The City of Denton Total Monthly Rates ACTIVE EMPLOYEE QCTIRGGC IINIr1GR RF Point of Service Retiree Only $295.03 Retiree and Spouse $568.47 Retiree + Child(ren) $459.69 Retiree and Family $698.43 RETIREES UNDER 65 OR OVER (MEDICARE SERVES AS PRIMARY) Point=,of Service Retiree Only _$108.90 12 on Medicare $217.80 1 on, off $444.31 1 on, 1 off + Family $644.25 12 on + Family $425.21 CERTIFICATE OF INSURANCE INSURANCE BOOKLET for Employees of: CITY OF DENTON (Called the Group) Insured by: Harris Methodist Health Insurance Company (Called HMHIC) Fort Worth, Texas 76102 The Harris Methodist Health Insurance Company has issued Group Policy No. POS-GA-0019 covering Employees of the Group. This booklet is your certificate of insurance when a sticker is attached to the inside front cover. The sticker will show your name and the effective date of your insurance. The benefits of the group policy are described in this booklet. Final interpretation is governed by this Policy. THE GROUP AGREEMENT UNDER WHICH THIS CERTIFICATE IS ISSUED IS NOT A POLICY OF WORKERS' COMPENSATION INSURANCE. YOU SHOULD CONSULT YOUR EMPLOYER TO DETERMINE WHETHER YOUR EMPLOYER IS A SUBSCRIBER TO THE WORKERS' COMPENSATION SYSTEM. This booklet is your certificate of insurance only when you are insured under the Policy. This certificate describes the benefit under the Plan in effect as of January 1, 1994 for all Employees. POS-CER9-92 IMPORTANT NOTICE To obtain information or make a complaint: You may call Harris Methodist Health Insurance Company's toll-free telephone number for information or to make a complaint at 1-800-633-8598 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-252-3439 You may write the Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 FAX # (512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become part or condition of the attached document. AVISO IMPORTANTE Para obtener informacion o para someter una queja: Usted puede llamar al numero de telefono gratis de Harris Methodist Health Insurance Company's Para informacion o para someter una queja al 1-800-633-8598 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas P.O. Box 149104 Austin, TX 787149-9104 FAX # (512) 475-1771 DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con la compania primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). 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. POS-CER9-92 2 TABLE OF CONTENTS BENEFIT DESCRIPTION .......................4 GROUP AND AFFILIATED ORGANIZATION 5 ELIGIBILITY AND EFFECTIVE DATE 6 TERMINATION, CONTINUATION OF BENEFITS, AND CONVERSION 11 PAYMENT REQUIREMENT ......................16 CLAIMS INFORMATION ......................18 COORDINATION OF BENEFITS 20 INDEPENDENT AGENTS .......................27 GLOSSARY OF TERMS .......................28 TERM AND AMENDMENT OF AGREEMENT 42 MISCELLANEOUS PROVISIONS .......................43 POS-CER9-92 3 BENEFIT DESCRIPTION The benefits and provisions of this Plan are described in the attached Schedule of Benefits provided by Harris Methodist Health Insurance Company (HMHIC). This Plan is in effect as of January 1, 1994. This policy is an additional benefit plan to the Harris Methodist Health Plan, Inc. HMO Product. Any services which are provided under the Harris HMO will not be covered benefits under this HMHIC Agreement. The patient has a choice to choose benefits under HMHIC or Harris HMO, there are no coordination of benefits between the two plans. Validity of the policy shall not be contested except for nonpayment of premiums after it has been in force for two (2) years from its date of issue and that in the absence of fraud no statement made by any person covered by the policy relating to his or her insurability shall be used in contesting the validity of the insurance with respect to which such statement was made after such insurance has been in force prior to the contest for a period of two (2) years during such person's lifetime nor unless it is contained in a written instrument signed by him or her; provided, however, that no such provision shall preclude the assertion at any time of defenses based upon: (a) provisions in the policy which relate to eligibility for coverage; (b) provision in group accident and health insurance or disability insurance policies which relate to overinsurance; (c) provision of disability policies which relate to the relation of earnings to insurance; or (d) other similar provisions in such policies that limit the amounts of recovery from all sources to no more than one hundred (100%) percent of the total actual losses or expenses incurred; The certificate of coverage, application, schedule of benefits, and group contract attached shall constitute the entire contract between the parties and that in the absence of fraud all statements made by the policyholder or person insured shall be deemed representations and not warranties, and that no such statement shall be used in any contest under the policy, unless a copy of the written instrument containing the statement is or has been furnished to such person or in the event of death or incapacity of the insured person to the individual's beneficiary or personal representative; Please see the attached Schedule of Benefits for Deductibles, Maximum Out-of-Pocket Limit, Exclusions, Limitations, and Covered Services. POS-CER9-92 4 GROUP AND AFFILIATED ORGANIZATIONS Organizations included undf°r this Agreement The Group and its affiliated organizations are included under this Agreement. Affiliated organizations include all organizations which are a subsidiary to or affiliated with the Group. Change of Affiliated Organizations The Group shall notify HN1HIC, in writing, when an affiliated organization ceases to be a subsidiary of, or affiliated with, the Group. When an organization ceases to be a subsidiary of, or affiliated with, the Group, it shall cease to be an included organization. Therefore, this Agreement shall terminate on the date of such cessation with respect to all Eligible Persons of that organization, except for those persons who on the next day are employees of another affiliated organization and thus Eligible Persons under this Agreement. Replacement of Former Poles if an individual is disabled on the effective date the former policy is liable only to the extent of its accrued liabilities and extensions of benefits. Regardless of whether the group policyholder or other entity responsible for making payments to the carrier's plan of benefits, in respect of classes eligible and actively at work and non-confinement rules and who elect such coverage shall be covered under the succeeding provisions of the subsection but for the actively at work or non-confinement rules shall become covered under the succeeding carrier plan when such person satisfies such actively at work and non-confinement rules. When replacing a prior carrier's plan, the succeeding carrier's plan, in the case of a type of coverage for which Extension of Coverage requires an extension of benefits for a person who is totally disabled shall provide the lesser of (1) the extension of benefits which would have been required by the former policy, or (2) the extension of benefits required for the succeeding former plan; provided, any such benefits may be reduced by any benefits actually payable under the former policy. If there is a preexisting condition limitation, other than a waiting period, included in the former plan, the level of benefits applicable to preexisting conditions of persons becoming covered in accordance with this section by the succeeding carrier's plan and who are covered under the prior plan during the period of time the limitation applies under the succeeding carrier's plan shall be the less of: (1) the benefits of the succeeding carrier's plan determined without application of the preexisting conditions limitations' or (2) the benefits of the prior plan. The succeeding plan, in applying any waiting period in its plan, shall give credit for the satisfaction or partial satisfaction of same or similar provision under the prior plan providing similar benefits. If a determination of benefits of the prior plan is required by the succeeding carrier, the prior carrier shall, at the succeeding carrier's request, furnish a statement of the benefits available or pertinent information sufficient either to permit certification of the benefits available under the prior plan are determined in accordance with all of the definitions, conditions, and covered expenses provisions of the former plan and not the succeeding carrier's plan. The benefit determination is made as if the prior plan had not been replaced by the succeeding carrier. POs-cER9-92 5 ELIGIBILITY AND EFFECTIVE DATE ELIGIBLE PERSONS To be eligible to enroll as an Employee, you must be covered under Harris HMO as the Employee. ELIGIBLE DEPENDENTS To be eligible to enroll as a Dependent, you must be covered under Harris HMO as a Dependent, by satisfying the following: • The legal spouse of a Employee; • Determining the dependents or the beneficiaries of an insured, or both, prohibits a distinction on the basis of the marital status or the lack of marital status between the insured and the other parent. • (a) A dependent unmarried natural child, and legally adopted child regardless of residence; or (b) foster child, step child, or child under Employee's court appointed legal guardianship, residing with Employee or with Employee's present or former spouse: (1) under nineteen (19) years of age, or (2) under twenty-five (25) years of age and primarily dependent on the Employee for financial support and attending an accredited college or university, trade or secondary school on a full-time basis, which has, in writing, verified said attendance or; • (a) A dependent unmarried natural child, or legally adopted child regardless of residence; or (b) foster child, stepchild, or child under Employee's court appointed legal guardianship, residing with Employee or with Employee's present or former spouse: who is nineteen (19) years of age or older but incapable of self-sustaining employment because of mental retardation or physical handicap which commenced prior to age nineteen (19) (or commenced prior to age twenty-five (25) if such child was attending a recognized college or university, trade or secondary school on a full-time basis when such incapacity occurred), and primarily dependent upon the Employee for support and maintenance. Such dependent child must have been a participant either prior to attaining nineteen (19) years of age or twenty-five (25) years of age under the conditions of the previous sentence. Employee shall furnish HMHIC proof of such incapacity and dependency within thirty-one (31) days after the dependent child's attainment of the limiting age and from time to time thereafter as HMHIC deems appropriate, but not more frequently than annually, POS-CER9-92 • Grandchildren will be eligible for coverage if the child is considered a dependent of the Employees for federal income tax purposes. • Managing Conservator: Coverage for a minor child who otherwise qualifies as a dependent of a person who is a member of the group may pay benefits on behalf of the child to the person who is not a member of the group if a court order providing for the managing conservator of the child has been issued by a court of competent jurisdiction in this or any other state. HMHIC is required to pay benefits pursuant to the terms of the policy and as provided by this article on compliance by the person who is not a member of the group with requirements of this Agreement. However, any requirements imposed on the managing conservator of the child shall not apply in the case of any unpaid medical bill for which a valid assignment of benefits has been exercised in accordance with policy provisions or otherwise, nor to claims submitted by the group member where the group member has paid any portion of a medical bill that would be covered under the terms of the policy. Before a person who is not a member of a group is entitled to be paid benefits under the above mentioned paragraph, the person must submit to HMHIC with the claims application written notice that the person: (1) is the managing conservator of the child on whose behalf the claims is made; and (2) submit a certified copy of a court order establishing the person as managing conservator or other evidence designated by rule of the Texas Department of Insurance that the person qualifies to be paid the benefits as provided by this section. CHANGE IN GROUP ELIGIBILITY CRITERIA Requirements as defined by the Group for determining the eligibility for participating in HMHIC are material to the execution of this Agreement by HMHIC. During the term of this Agreement no change in the Group definition of eligibility participation shall be permitted to affect eligibility or enrollment under this Agreement in any manner unless such change is approved in advance by mutual written agreement between the Group and HMHIC. POs-cER9-92 7 EFFECTIVE DATE FOR YOU OPEN ENROLLMENT Harris HMO's Open Enrollment Period, and election of this rider, you shall become covered on the Group Effective Date or the Effective Date specified as such for the Open Enrollment Period. ON ACQUIRING ELIGIBILITY STATUS If you first meet the eligibility requirements other than during Harris HMO's Open Enrollment Period you may enroll within thirty (30) days of meeting such requirements by submitting an Application. You will become covered under HMHIC on the first day you become an Eligible Person provided that the premium applicable to you has, been received in accordance with this Agreement. EFFECTIVE DATE FOR YOUR DEPENDENTS OPEN ENROLLMENT Your Dependents, for whom you have applied for coverage in HMHIC by submitting an Application during Harris HMO's Open Enrollment Period, shall be covered as a Dependent on your Effective Date. ON ACQUIRING ELIGIBILITY STATUS A newly acquired Eligible Dependent, other than a newborn child, and an Eligible Dependent who first meets the eligibility requirements of the Group, other than during Harris HMO's Open Enrollment Period, may be enrolled by the Employee within thirty (30) days of meeting such requirements by submitting an Application to Harris HMO and election of this Rider. Such Eligible Dependent shall be covered under HMHIC as a Dependent on the day he became an Eligible Dependent provided that the premium applicable to the Dependent has been received in accordance with this Agreement described in the PAYMENT REQUIREMENTS Section below. Newborn children shall be covered for a period of thirty-one (31) days from the date of birth and shall continue to be covered after that time only if, prior to the expiration of such thirty-one day period, Notification has been submitted to Harris HMO for such newborn child and the premium applicable to the Dependent has been received in accordance with this Agreement described in the PAYMENT REQUIREMENTS Section. Newly adopted children shall be covered as if they were newborn children. The thirty-one (31) days grace period for submission of Notification to Harris HMO shall commence on the earlier of the date upon which such child commences residence with you or when the adoption becomes legal. POS-CER9-92 8 PERSONS NOT ELIGIBLE FOR COVERAGE Notwithstanding the foregoing provisions of this Section, you will not be eligible for coverage in HMHIC if: • Coverage Previously Terminated: You shall not be eligible for coverage if you have had previous coverage terminated by HMHIC or Harris HMO for cause, as described in Section TERMINATION, CONTINUATION OF BENEFITS AND CONVERSION of this Agreement. a Indebtedness: You shall not be eligible for coverage if you have unpaid financial obligations arising from prior coverage in HMHIC or Harris HMO. CONDITIONS OF ELIGIBILITY You or your Eligible Dependent shall not be refused enrollment by Harris HMO or HMHIC because of health status, requirements for health services, or the existence of a Pre-Existing condition on the Group Effective Date. In addition, your coverage shall not be terminated due to your health status or health care needs. If you or your eligible Dependents apply for coverage on a date other than Open Enrollment Period or more than thirty (30) days after becoming an eligible person or eligible Dependent, then you or your eligible Dependent shall be required to submit Evidence of Insurability as required by HMHIC. NOTIFICATION OF INELIGIBILITY A condition of participation in HMHIC is your Agreement to notify Harris HMO and HMHIC of any changes in status that affect you or the ability of the your dependents to meet the eligibility criteria set forth in this Section. CLERICAL ERRORS Eligibility under this Agreement shall in no event be invalidated by failure of the Group, due to clerical error, to record or report you or your eligible Dependent to Harris HMO or HMHIC. You shall be eligible if an Application has been completed and submitted to the Group as required under the terns of the Harris HMO Agreement by or on behalf of you or your eligible Dependent and the premium applicable to such coverage had been received by Harris HMO and forwarded to HMHIC for payment of this Rider. POS-CER9-92 9 PRE EXISTING CONDITIONS "Pre-existing Conditions means any medical condition which diagnosis was made or treatment received within the six (6) months immediately preceding your effective date of coverage under this Agreement. A medical condition has been "diagnosed" if its existence has been identified or recognized by a Physician or other Health Professional. A medical condition has been "treated" if any services of a Physician or other Health Professional have been received with respect thereto, including but not limited to office visits or consultations, hospital treatment, laboratory services, X-rays or the dispensing of prescription medication or refills. In no event shall the limitation of 50% additional Copayment apply to cost of treatment (which shall include all applicable Copayment as specified in the Schedule of Benefits) following the earlier of: (a) the end of a continuous period of twelve (12) months commencing on or after the effective date of the person's coverage during all of which the person has received no medical advice or treatment in connection with such disease or physical condition; and (b) the end of the two (2) year period commencing on the effective date of the person's coverage. The maximum amount of additional Copayment for a Pre-existing Condition during a Calendar year will not exceed $2,000.00 for any such Covered Person or Dependent, or $4,000.00 total for such Covered Person and his Dependents. If benefits are received under the Harris HMO policy, no benefits are available under HMHIC, therefore the Pre-existing condition clause does not apply to your coverage. POS-CER9-92 10 TERMINATION CONTINUATION OF BENEFITS AND CONVERSION TERMINATION OF GROUP DEFAULT IN PAYMENT OF PREMIUM If the Group fails to pay to Harris HMO, on behalf of HMHIC, the premium payable for this coverage, hereunder on or before the thirty-first (31) calendar day after such payment is due, this Agreement may be terminated by HMHIC and all benefits shall cease at the end of such thirty-one (31) day grace period. Group may be held liable for the cost of all benefits provided to you by HMHIC during the grace period. Group shall remain liable for all premiums (and any interest accrued thereon) not paid prior to termination. Interest on late payments from the date such premiums were due may be charged at a rate equal to eighteen percent (18%) per year. Unpaid interest shall be due and payable upon notice thereof to the Group from HMHIC. If Group remits its delinquent payments to Harris HMO for HMHIC within fifteen (15) days of termination date, HMHIC may reinstate Group without requiring a new Group Enrollment Agreement. However, HMHIC reserves the right to refuse to reinstate by refunding within five (5) business days all payments made by Group after the date of termination. UPON NOTIFICATION This Agreement may be terminated by either HMHIC or the Group upon written notice to the other party at least sixty (60) days prior to the end of the Contract Year. Such termination shall occur at midnight on the day preceding the end of the Contract Year. In the event that HMHIC terminates this Agreement, if you are Totally Disabled at the date of discontinuance of the group policy or contact, expenses for treatment will continue at least for the period of such total disability or for 90 days, whichever is less. For the purposes of this section, the terms "total disability" and "totally disabled" mean (1) with respect to an employee or other primary insured under the policy, the complete inability of the person to perform all of the substantial and material duties and functions of his or her occupation and any other gainful occupation in which such person earns substantially the same compensation earned prior to disability, and (b) with respect to any other person under the policy, confinement as a bed patient in a hospital. TERMINATION - FOR CAUSE DEFAULT IN PAYMENT OF PREMIUM If any premium contributions due from you are not paid timely by or on behalf of you, your entitlement to benefits may be terminated not less than thirty-one (31) days after the date such premium was due. POS-CER9-92 11 MISREPRESENTATION If you should make a fraudulent statement or provide any material misrepresentation of fact by or on behalf of you or your Dependent on a Application for Harris HMO or Evidence of Insurability form, HMHIC shall have the right to terminate your coverage under this Agreement without any further liability or obligation to you. Your entitlement to benefits may be terminated not less then sixty-one (61) days after such misrepresentation. If you correct inaccurate information furnished to Harris HMO, and HMHIC has not relied upon such incorrect information to its prejudice, the furnishing of incorrect information shall not constitute a basis for termination of your coverage. In the absence of fraud, all statements made by you are considered representations and not warranties and such statements shall not void the coverage or reduce the benefits under this Agreement two (2) years after your Effective Date. MISUSE OF IDENTIFICATION CARD Possession of a HMHIC identification card is and of itself confers no rights to services or other benefits. The holder of the card must be, in fact, you or an eligible person on whose behalf all applicable premiums under this Agreement have actually been paid. When receiving services or other benefits to which you are not entitled pursuant to this Agreement you shall be solely responsible for the full payment of any charges associated with the services received. If you permit the use of the your identification card by any other person, such card may be confiscated and HMHIC shall have the right to terminate your coverage under this Agreement and the coverage of your Dependents. Your entitlement to benefits may be terminated not less than fifteen (15) days written notice after such misuse of the identification card. FRAUDULENT USE OF BENEFITS OR SERVICES Fraudulent use by you of services, benefits, providers, facilities, or coverage will result in cancellation of coverage after not less than fifteen (15) day written notice to you. TERMINATION OF COVERAGE EMPLOYEE NO LONGER ELIGIBLE PERSON If you cease to be eligible, coverage under this Agreement shall automatically terminate at midnight of that day on which you cease to be eligible. DEPENDENT NO LONGER ELIGIBLE DEPENDENT If a Dependent ceases to be an Eligible Dependent, coverage under this Agreement shall automatically terminate at midnight of the day on which the Dependent ceases to be an Eligible Dependent. POS-CER9-92 12 LIABILITY UPON TERMINATION At the effective date of any termination of your coverage under this Agreement any payments received on your account, applicable to periods after the effective date of the termination of coverage, plus amounts due to you for claims reimbursement, if any, less any amount due to HMHIC or which must be paid by HMHIC on your behalf, shall be refunded to the appropriate party within thirty-one (31) days. HMHIC and the Group shall thereafter have no further liability or responsibility to you except as may be specifically provided in Section UPON NOTIFICATION of this Agreement. CONTINUATION OF COVERAGE COBRA If, under the provisions of Title X of the Consolidated Omnibus Budget Reconciliation Act of 1985, Public Law 99-272 ("COBRA"), you are granted the right to continuation of coverage beyond the date your coverage would otherwise terminate, or, if COBRA is inapplicable and the provision of an applicable state statute grants you similar rights to continuation of coverage, this Agreement shall be deemed to allow continuations of coverage to the extent necessary to comply with the provisions of the applicable statute. No evidence of insurability is required. If you are eligible for continuation under COBRA you must inform HMHIC of eligibility within 3 months of the effective date. CONTINUATION OF COVERAGE Any employee, covered person, or dependent whose insurance under the group policy has been terminated for any reason except involuntary termination for cause, including discontinuance of the group policy in its entirety or with respect to an insured class, and who has been continuously insured under the group policy and under any group policy providing similar benefit which it replaces for at least three consecutive months immediately prior to termination shall be entitled to such continuation privileges. Involuntary termination for cause does not include termination for any health related cause. HMHIC shall not be required to issue a converted policy covering any person if: (a) such person is or could be covered by Medicare; (b) such person is covered for similar benefits by another hospital, surgical, medical, or major medical expense insurance policy or hospital or medical service subscriber contract or medical practice or other prepayment plan or by any other plan or program; (c) such person is eligible for similar benefits whether or not covered therefor under any arrangement of coverage for individuals in a group, whether on an insured or uninsured basis; (d) similar benefits are provided for or available to such person, pursuant to or in accordance with the requirements of any state or federal law; or (e) the benefits provided under the sources herein enumerated, together with the benefits provided by the continued policy, would result in overinsurance according to HMHIC's standards. HMHIC's standards are the reasonable relationship between the actual health care costs in the area in which the covered person lives at the time of the continuation and must be filed with the commissioner of insurance prior to their use in denying coverage. Continuation of group coverage for employees or covered persons and their eligible dependents subject to the eligibility provisions. Continuation of group coverage will not include dental, vision care, or prescription drug benefits and must be requested in writing within twenty- POS-CER9-92 13 one (21) days following the later of (a) the date the group coverage would otherwise terminate; or (b) the date the employee is given notice of the right of continuation by either the employer or the group policy holder. In not event may the employee or the covered person elect continuation more than 31 days after the date of such termination. An employee or covered person electing continuation must pay to the group policyholder or the employer, on a monthly basis in advance, the amount of contribution required by the policyholder or employer, but not more than the group rate for the insurance being continued under the group policy on the due day of each payment. The employee's or the covered person's written election of continuation, together with the first contribution required to establish contributions on a monthly basis in advance, must be given to the policyholder or employer within thirty-one (31) days of the date coverage would otherwise terminate. Continuation may not terminate until the earlier of: (a) six months after the date the election is made; (b) failure to make timely payments; (c) the date on which the group coverage terminated in its entirety; (d) or one of conditions specified in items listed above regarding ineligible person's is met by the individual. SEVERANCE OF FAMILY RELATIONSHIP If coverage ends due to severance of family relationship, by virtue of family or dependent relationship to a person who is a member or eligible for the group for which the health insurance policy, is provided to continue coverage with the group if: (1) Previous eligibility for coverage under the health insurance policy ceases because of the severance of the family relationship or the retirement or death of the member of the group; and (2) The family member or dependent has been a member of the group for a period of at least one year or is an infant under one year of age. (3) A person who exercises this option, may not be required to take and pass a physical examination as a condition for continuing coverage. (4) A person who exercises this option is entitled to coverage under the policy, and exclusions that were not included in the policy may not be included in the group continuation coverage. However, if the group policyholder replaces the health insurance policy within the one-year provided, the person may obtain coverage identical in scope to the coverage under the replacement group policy as provided by this article. (5) A person covered under group continuation coverage shall pay premiums for the coverage directly to the group policyholder, and the coverage shall provide the person with the option of paying the premiums in monthly installments. The group policyholder may require the person to pay a fee of not more than $5 a month for administrative costs. POS-CER9-92 14 (6) Upon initial severance of family relationship, you must inform HMHIC of the severance, upon receipt of the notification HMHIC will send the application to the severed family member immediately. (7) Within sixty (60) days from the severance of the family relationship or retirement or death of the member of the group, the dependent must give written notice to the group policyholder of the desire to exercise the option under item (1) of this section or the option expires. Coverage under the health insurance policy remains in effect during this sixty (60) day period provided the policy premiums are paid. (8) Any period of previous coverage under the health insurance policy is to be used in full or partially satisfaction of any required probationary or waiting periods provided in the contract for dependent coverage. (9) If a health insurance policy provides to a group member continuation rights to cover the period between the time that the member retires and the time of eligibility for coverage by Medicare, those same continuation rights shall be made available to the group member's dependents. (10) If a person exercises the continuation option under item (1) of this section, coverage of that person continues without interruption and may not be canceled or otherwise terminated until: (a) the insured fails to make a premium payment in the time required to make that payment; (b) the insured becomes eligible for substantially similar coverage under another health insurance policy, hospital, or medical service subscriber contract, medical practice or other prepayment plan, or by any other plan or program; or (c) a period of three years has elapsed since the severance of the family relationship or the retirement or death of the member of the group. EXTENSION OF MEDICAL BENEFITS HMHICshall continue to provide medical services if this Agreement terminates while you are Totally Disabled at the date of discontinuance of the group policy or contact at least for the period of such total disability or for 90 days, whichever is less, for expense for treatment of the condition causing such total disability. For the purposes of this section, the terms "total disability" and "totally disabled" mean (1) with respect to an employee or other primary insured under the policy, the complete inability of the person to perform all of the substantial and material duties and functions of his or her occupation and any other gainful occupation in which such person eams substantially the same compensation earned prior to disability, and (b) with respect to any other person under the policy, confinement as a bed patient in a hospital. This continued coverage will end on the earlier of: (1) the period of "total disability" is no longer meets the above defined statement; or (2) 90 days from the termination date; or (3) the date you become eligible for similar coverage under another plan. POS-CER9-92 15 PAYMENT REQUIREMENTS PREMIUM PAYMENTS The initial rates for the benefits and services under this Agreement shall be due and payable in advance on or before the first (1st) day of the month for which such payment is made or is to be made. In accordance with the terms and provisions of the TERM AND AMENDMENT OF AGREEMENT Section of this Agreement, HMHIC shall have the right to change the rate payable under this Agreement at any time when the extent or nature of this Agreement is changed by Amendment or termination of any provision, or by reason of any provision of law or governmental program or regulation. Premiums do not vary by age. No proration of the rate shall be made with respect to your coverage under this Agreement commencing after the first (1st) day of the month. A grace period of thirty-one (31) days shall be allowed for each payment payable hereunder, whether due from Group or you. The rate required for a newly acquired Eligible Dependent shall be payable initially when the required Notification is submitted to Harris HMO for coverage under HMHIC. Thereafter, all payments with respect to such new Eligible Dependent shall be made as otherwise provided in this Agreement. Any payments required for newborn children who meet the requirement of the Section ELIGIBILITY AND EFFECTIVE DATE of this Agreement shall be initially payable to Harris HMO on behalf of HMHIC on or before the first day of the next month following the month in which the Notification required under the above mentioned section is submitted to Harris HMO for coverage under HMHIC. Thereafter, all payments with respect to such newborn child shall be made as otherwise required under this Agreement. NON-CONTRIBUTORY COVERAGE If the coverage basis hereunder is "Non-Contributory", the Group agrees to pay at the principal office of Harris HMO on behalf of HMHIC, or to its authorized representative, on each payment due date, the sum of the HMHIC rate for the coverage under this Agreement. The Group premium for the coverage provided by HMHIC under this Agreement shall be determine by the applicable rate then in effect and the number of Members at the monthly intervals established by HMHIC. CONTRIBUTORY COVERAGE If the coverage basis hereunder is "Contributory", the Group agrees to pay at the principal office of Harris HMO on behalf of HMHIC, or to its authorized representative, on each payment due date, the sum of the HMHIC rate for the coverage under this Agreement. Group shall permit you to pay your contributory portion of such rate through payroll deduction. Procedures for implementing payroll deduction for your portion of such rate shall be the same as those utilized for any Alternative Health Benefit Plan. If the Group does not have an Alternative Health Benefit Plan, the procedures shall solely be those as agreed to, in writing, between Group and HMHIC. The Group premiums for the coverage provided by HMHIC under this Agreement POS-CER9-92 16 shall be determined by the applicable rate than in effect and the number of Members at the monthly intervals established by HMHIC. Group shall offer HMHIC to all Employees of Group on terms no less favorable with respect to the Group contribution than those applicable to any Alternative Health Benefit Plan as may be available through the Group. The Group contributions shall not be changed during the term of this Agreement unless such change is prior approved, in writing, by HMHIC. If, however, the Group contributions to the Alternative Health Benefit Plan, as may be available through the Group, is increased during the term of this Agreement, the Group agrees to also increase contributions to HMHIC effective the first monthly payment due following such increase. NOTIFICATION BY GROUP Group shall forward completed Applications and any Evidence of Insurability form(s) to Harris HMO for coverage under HMHIC within ten (10) business days of their receipt from Eligible Persons. In the event Group fails to notify HMHIC of the ineligibility of any person for whom the Group has made the monthly prepayment required pursuant to this Agreement, then, such prepayment shall be credited to Group only if HMHIC has not made arrangements for or paid benefits for the ineligible person but in no event will prepayment be credited subsequent to thirty (30) days after the date such person became ineligible. POS-CER9-92 17 CLAIMS INFORMATION HOW TO FILE A CLAIM You must send your medical bills to HMHIC. The claim office address can be found on the back of your I.D. card. When you send your medical bills be sure to include your name, address, and social security number. Written notice of claim must be given to the insured within twenty (20) days after the occurrence or commencement of any loss covered by the policy. Failure to give notice within such time shall not invalidate or reduce any claim if it shall be shown not to have been reasonably possible to give such notice and that notice was given as soon as was reasonably possible; HMHIC will furnish to the person making claim or to be policyholder for delivery to such person such forms as are usually furnished by it for filing proof of loss. If such forms are not furnished before the expiration of fifteen (15) days after the insurer received notice of any claim under the policy, the person making such claims shall be deemed to have complied with the requirements of the policy as to proof of loss upon submitting within the time frame fixed in the policy for filing proof of loss, written proof covering the occurrence, character, and extent of the loss for which claims is made. No benefits will be paid for services rendered under the Harris HMO policy. HOW AND WHEN ARE CLAIMS PAID? In the case of claim for loss, written proof of such loss must be furnished to the insurer within the ninety (90) days after the commencement of the period for which the insurer is liable. Failure to furnish such proof within such time shall not invalidate or reduce any claim if it was not reasonably possible to furnish such proof within such time, provided such proof is furnished as soon as reasonably possible and in no event, except in the absence of legal capacity of the claimant, later than one year form the time proof is otherwise required. All benefits payable under the policy shall be payable not more than sixty (60) days after receipt of proof. HMHIC shall have the right and opportunity to examine the person of the individual for whom claim is made when and so often as it may reasonably require during the pendency of claim under the policy and also the right and opportunity to make an autopsy in case of death where it is not prohibited by law. POS-CER9-92 18 PAYMENT TO STATE The Group policy shall provide payment to the Texas Department of Human Resources for the actual cost of medical expenses the department pays through medical assistance for a person insured by the contract if the insured is entitled to payment for the medical expenses by the insurance contract. All benefits paid on behalf of the child or children under the policy must be paid to the Texas Department of Human Services whenever: • the Texas Department of Human Services is paying benefits under the Human Resources Code, Chapter 31, or Chapter 32, i.e., financial and medical assistance service programs administered pursuant to the Human resources code; and • the parent who is covered by the group policy has possession or access to the child pursuant to a court order, or is not entitled to access or possession of the child and is required by the court to pay child support. LEGAL ACTION No action at law or in equity shall be brought to recover on the policy prior to the expiration of sixty (60) days after proof of loss has been filed in accordance with the requirements of the policy and that no such action shall be brought at all unless brought within three years form the expiration of the time within which proof of loss is required by the policy; TIME LIMIT OF CERTAIN DEFENSES Harris Methodist Health Insurance Company will not deny or reduce a claim because of a Pre- Existing Condition if both of the following conditions are met: • The claim is for a loss that happened or a disability started after the insurance coverage for that person has been in effect for the earlier of: (A) twelve (12) months, with no treatment in connections with such pre-existing condition; or (B) two (2) years, with any treatment for such pre-existing condition. • The condition is not excluded from coverage by name or specific description. POS-CER9-92 19 COORDINATION OF BENEFITS The Harris Methodist Health Insurance Company, Coordination of Benefit and Subrogation of Benefits provision applies to all of the benefits provided under this Agreement, excluding services rendered under Harris HMO. The benefits provided by Harris Methodist Health Insurance Company shall be coordinated with any group insurance plan or coverage under governmental programs (excluding Medicaid), including Medicare, to assure that you receive coverage while avoiding double recovery. It is, therefore, understood and agreed that should you be covered by or under a Coordinated Plan in addition to coverage under this Agreement, the provisions and rules as described in this Section shall determine whether HMHIC or the Coordinated Plan is primarily responsible for paying the cost of benefits and services provided to you. • Services and benefits for military service connected disabilities for which you are legally entitled and for which facilities are reasonably available, shall in all cases be provided before the benefits of this Plan. DEFINITIONS For purposes of this Section only, words and phrases shall have meaning as follows: • ALLOWABLE EXPENSE shall mean any Usual and Customary expense of which at least a portion is covered under this Plan covering you when a claim is made. When a Coordinated Plan provided benefits in the form of services rather than cash payments, the Usual and Customary cash value of each service provided shall be deemed to be both an Allowable Expense and a benefit paid. • CLAIM DETERMINATION PERIOD shall mean a calendar year, but excluding any portion of a calendar year occurring prior to the effective date. • COORDINATED PLAN shall mean any of the following that provides benefits or services for, or by reason of, medical care or treatment: Coverage under governmental programs, including Medicare (excluding Medicaid), required or provided by any statute unless coordination of benefits with any such program is forbidden by law. • Group coverage or any other arrangement of coverage for individuals in a group, whether on an insured or uninsured basis, including any prepayment coverage, group practice basis or individual practice coverage and any coverage for students which is sponsored by, or provided through, a school or other educational institution above the high school level, excluding Harris HMO. POS-CER9-92 20 DETERMINATION OF BENEFITS This provision shall apply in determining the benefits payable for the Allowable Expenses incurred by you during a Claim Determination Period. The term Coordinated Plan shall be construed separately with respect to each policy, contract, or other arrangement for benefits or services and separately with respect to that portion of any such policy, contract, or other arrangement which reserves the right to take the benefits or services of the other Coordinated Plans into consideration in determining its benefits and that portion which does not. Whenever the sum of the benefits that would be payable under this Agreement in the absence of this provision, and the benefits that would be payable under all Coordinated Plans in the absence thereof or amendments of similar purpose to this provision would exceed the Allowable Expenses, then the following shall apply: • The benefits that would be payable under this Agreement shall be reduced to the extent necessary so that the sum of such reduced benefits and all the benefits payable for such Allowable Expenses under all Coordinated Plan include the benefits that would have been payable had claim been duly made therefor. • If a Coordinated Plan would, according to its rules, determine its benefits after the benefits payable under this Agreement have been determined, and the rules as described below would require payment under this Agreement to be determined before the Coordinated Plan, then the benefits of the Coordinated Plans shall not be included for the purpose of determining the benefits under this Agreement. ORDER OF BENEFIT DETERMINATION The rules establishing the order of benefit determination shall be as follows: • The benefits of a Coordinated Plan without a coordination of benefits provision (or a non-duplication provision of similar intent) shall be determined before the benefits of this Agreement. • The benefits of a Coordinated Plan which covers you other than as a Dependent shall be determined before the benefits of a Coordinated Plan which covers you as a dependent. • The benefits of a Coordinated Plan which covers you as a dependent child of a person whose date of birth, excluding year of birth, occurs earlier in a calendar year, shall be determined before the benefits of a Plan which covers you as a dependent of a person whose date of birth, excluding year of birth, occurs later in the calendar year. If a Coordinated Plan does not have the provisions of this paragraph regarding dependents, which results either in each Coordinated Plan determining its benefits before the other or in each Coordinated Plan determining its benefits after the other, the provisions of this paragraph shall not apply, and POS-CER9-92 21 the rule set forth in the Coordinated Plan which does not have the provisions of this paragraph shall determine the order of benefit determination unless the Legal Separation or Divorce Section shall apply. • If the rules provided above or the rules provided in the above section do not establish an order of benefit determination, then the benefits of a Coordinated Plan which covers you, when a claim is made, for the longest period of time shall be determined before the benefits of a Coordinated Plan which covers you for the shorter period of time except as follows: • The benefits of a Coordinated Plan cover you as a laid-off part- time or retired employee or as the dependent of such a person shall be determined after the benefits of a Coordinated Plan covering you as a covered member other than as a laid-off or retired employee or dependent of such person. • If a Coordinated Plan does not have a provision regarding laid-off or retired employees, and as a result, such Coordinated Plan determines its benefits after the Coordinated Plan with this provision, then the provision of the immediately preceding paragraph shall not apply. LEGAL SEPARATION OR DIVORCE In the event of a legal separation or divorce, the following order of benefits determination shall apply: • If there is a court decree that establishes financial responsibility for the provision of health insurance coverage for the child, the benefits of a Coordinated Plan which covers the child as a dependent of the parent with such financial responsibility shall be determined before the benefits of a Coordinated Plan which covers the child as a dependent of the parent without such financial responsibility. • In the event of a legal separation or divorce in which the court decree does not establish financial responsibility for the health care expenses of the child then the following shall apply: • If the parent with custody of the child has not remarried, the benefits of a Coordinated Plan which covers the child as a dependent of the parent with custody of the child shall be determined before the benefits of a Coordinated Plan which covers that child as a dependent of the parent without custody. • If the parent with custody of the child has remarried, the benefits of a Coordinated Plan which covers the child as a dependent of the parent with custody shall be determined before the benefits of a Coordinated Plan which covers that child as a dependent of the POS-CER9-92 22 stepparent; and the benefits of a Coordinated Plan which covers that child as a dependent of the stepparent shall be determined before the benefits of a Coordinated Plan which covers that child as a dependent of the parent without custody. Thus, in the event of legal separation or divorce, unless a court decree specifies otherwise, the order of benefit determination described above may be summarized as follows: Separated or Divorced and not Remarried: (1) Parent with Custody (2) Parent without Custody Separated or Divorced and Remarried (1) Parent with custody (2) Stepparent with custody (3) Parent without custody Medicare For purposes of determining benefits provided for you, if you are eligible to enroll for Medicare, but do not, HMHIC will assume the amount provided under Medicare to be the amount you would have received if you had enrolled in it. You are considered to be eligible for Medicare on the earliest date coverage under Medicare could become effective for you. Except as described TEFRA, Medicare benefits will be coordinated in accordance with the policy. TEFRA Options for Groups with 20 or more Employees If you are actively working, you and your covered spouse who are eligible for Medicare will be permitted to choose one of the following options if you, the Employee are age 65 or older and eligible for Medicare: OPTION 1 - The service of the Group Agreement will be provided first and the benefits of Medicare will be provided second. OPTION 2 - Medicare benefits only. You and your Dependents, if any, will not be covered by the Group Agreement. The Group will provide you, the employee, with a choice to elect one of these options at least one month before becoming age 65. All new Employees age 65 or older will be offered these options when hired. If Option 1 is chosen, your rights under this Agreement will be subject to the same requirements as for an Employee or Dependents who are under age 65. POS-CER9-92 23 There are two different categories of persons eligible for Medicare. The calculation and payment of benefits by this Agreement differs from each category, Category 1 Medicare Eligible are: 1. Actively working covered Employees age 65 or older who choose Option 1; 2. Age 65 or older covered spouses of actively working employees age 65 or older who choose Option 1; 3. Age 65 or older covered spouses of actively working covered Employees who are under age 65; 4. Actively working covered Employees of groups with 100 or more employees and their covered dependents who are entitled to Medicare by reason of disability other than End Stage Renal Disease (ESRD); and 5. Covered individuals entitled to Medicare solely on the basis of ESRD during a period of up to 18 months after the individual has been determined eligible for ESRD benefits. Category 2 Medicare Eligible are: i. Retired employees and their spouses; 2. Covered Employees of groups with less than 100 employees and their covered Dependents who are entitled to Medicare by reason of a disability other than ESRD; and 3. Covered individuals entitled to Medicare solely on the basis of ESRD for more than 12 months after the individual has been determined eligible for ESRD benefits. RIGHT TO RELEASE INFORMATION For purposes of administering the provisions of this Section, HMHIC may, without further consent of, or notice to you, release to or obtain from any health care plan, insurance company or other person or organization, any information with respect to you which it deems to be reasonably necessary for such purposes, as to facilitate coordination of benefits, as permitted by law. When you receive services or claim benefits under this Agreement you shall furnish HMHIC all information deemed necessary by HMHIC to implement this Section (COORDINATION AND SUBROGATION OF BENEFITS) POS-CER9-92 24 FACILITY OF PAYMENT Whenever payment which should have been made by HMHIC in accordance with this Section has been made by a Coordinated Plan, HMHIC shall have the right, exercisable alone and in its sole discretion, to authorize payment to the Coordinated Plan making such payments any amounts HMHIC shall determine to be warranted in order to satisfy the intent of this Section, and amounts when so paid shall be deemed to be benefits under this Agreement, and, to the extent of such payments, HMHIC shall be fully discharged from liability under this Agreement. RIGHT TO RECOVERY Whenever payments have been made by HMHIC with respect to Allowable Expenses in total amount which is, at any time, in excess of the maximum amount of payment necessary at the time to satisfy the intent of this Coordination of Benefits Section, HMHIC shall have the right to recover such payments, to the extent of such excess, from one or more of the following, as HMHIC shall determine: any person or persons to, or for, or with respect to whom such payments were made, any insurance company or companies, and organization(s) to which such payments were made. DISCLOSURE You agree to disclose to HMHIC at the time of enrollment, at the time of receipt of services and benefits, and from time to time as requested by HMHIC, the existence of other health plan coverage, the identity of the carrier, and the group through which such coverage is provided. SUBROGATION Subrogation seeks to shift the expense for injuries suffered by you to those responsible for causing them. In return for HMHIC providing benefits for injuries, ailments, or disease caused as a result of the negligence, omission or willful act of a third party, you agree to execute any instrument which may be required. You also agree to assign to HMHIC the right of recovery against such third party to the extent of benefits paid. At the time such benefits are provided or thereafter as HMHIC may request, you also agree to comply with the following provisions: • Execute a formal written injury report and assignment to HMHIC of right to recover the actual benefits paid by HMHIC under this Agreement for injuries, ailments and disease caused by a third party. o Reimburse HMHIC for the actual benefits paid by HMHIC, but not in excess of monetary damages collected, immediately upon receipt of any monies paid by or on behalf of such third party in settlement of any claims arising out of injuries, ailments and diseases covered by HMHIC. HMHIC shall have a lien on any POS-CER9-92 25 actual recovery from such third party whether by judgment, settlement, compromise or reimbursement. Execute and deliver such papers and provide such reasonable help (including authorizing bringing suit against such third party in your name and making court appearances) as may be necessary to enable HMHIC to recover the actual benefit paid by HMHIC. POS-CER9-92 26 INDEPENDENT AGENTS The relationship between HMHIC, and the Group is that of independent contracting entities. Neither the Group nor you is the agent or employee of HMHIC, and HMHIC is not the employee or agent of the Group or you. Harris HMO and HMHIC are not representation of each other. POS-CER9-92 27 GLOSSARY (These definitions apply when the following terms are used in this Certificate and the attached Schedule of Benefits.) ACTIVELY AT WORK Actively at work shall mean that the eligible employee must be performing the usual and customary duties of your regular employment during your usual working hours on your effective date of coverage; provided, however that if you are absent from work due to vacation, holiday, jury duty, or other similar circumstances, not caused by injury or illness, you shall be considered actively at work. AGREEMENT Agreement shall mean Entire Contract which is defined as the Group Contract, Certificate of Coverage, Group Enrollment Agreement, Schedule of Benefits, Applications, Attachments, Riders, Amendments hereto, if any. Agreement shall constitute the entire contract between the parties and that in the absence of fraud all statements made the policyholder or person insured shall be deemed representations and not warranties, and that no such statement shall be used in any contest under the policy, unless a copy of the written instrument containing the statement is nor has been furnished to such person or in the event of death or incapacity of the insured person to the individual's beneficiary or personal representative. ALTERNATE HEALTH BENEFIT PLAN Alternate Health Benefit Plan shall mean the plan which the Group designates as the alternative to this Agreement. ALLIED HEALTH PROFESSIONAL Allied Health Professional shall mean any health care provider/physician that provides benefits as set forth in this Agreement and described in the Schedule of Benefits Attachment. AMBULATORY SURGICAL CENTER A specialized facility which is established, operated and staffed primarily for the purpose of performing surgical procedures and which fully meets one of the following two tests: • It is licensed as an ambulatory surgical center by the regulatory authority having responsibility for the licensing under the laws of the jurisdiction in which it is located. POS-CER9-92 28 • Where licensing is not required, it meets all of the following requirements: • It is operated under the supervision of a licensed doctor of Medicine (M.D.) or a doctor of osteopathy (D.O.) who is devoted full time to supervision and permits a surgical procedure to be performed only by a duly qualified physician who, at the time the procedure is performed, is privileged to perform the procedure in at least one Hospital in the area. • It requires in all cases, except those requiring only local infiltration anesthetics, that a licensed anesthesiologist administer the anesthetic or supervise an anesthetist who is administering the anesthetic and that the anesthesiologist or anesthetist remain present throughout the surgical procedure. • It provides at least one operating room and at least one post-anesthesia recovery room. • It is equipped to perform diagnostic X-ray and laboratory examinations or has arrangement to obtain these services. • It has trained personnel and necessary equipment to handle emergency situations. • It has immediate access to a blood bank or blood supplies. • It provides the full time services of one or more registered graduate nurses (R.N.) for patient care in the operating rooms and in the post-anesthesia recovery room. • It maintains an adequate medical record for each patient, the record to contain an admitting diagnosis including for all patients except those undergoing a procedure under local anesthesia, a pre-operative examination report, medical history and laboratory tests and/or X-rays, an operative report, and a discharge summary. BIRTH CENTER A specialized facility which is primarily a place for delivery of children following a normal uncomplicated pregnancy and which fully meets one of the following two tests: • It is licensed by the regulatory authority having responsibility for the licensing under the laws of the jurisdiction in which it is located. • It meets all of the following requirements: • It is operated and equipped in accordance with any applicable state laws. POS-CER9-92 29 • It is equipped to perform routine diagnostic and laboratory examinations such as hematocrit and urinalysis for glucose, protein, bacteria, and specific gravity. • It has available to handle foreseeable emergencies, trained personnel and necessary equipment, including but not limited to oxygen, positive pressure mask, suction, intravenous equipment, equipment for maintaining infant temperature and ventilation, and blood expanders. • It is operated under the full supervision of a licensed doctor of medicine (M.D.) or registered graduate nurse (R.N.). • It maintains a written agreement with at least one Hospital in the area for immediate acceptance of patients who develop complications. 0 It maintains an adequate medical record for each patient, the record to contain prenatal history, prenatal examination, any laboratory or diagnostic tests and a postpartum summary. • It is expected to discharge or transfer patients within 24 hours following delivery. CALENDAR YEAR A period of one year beginning with January 1. CHEMICAL DEPENDENCY TREATMENT CENTER Chemical Dependency Treatment Center shall mean a facility which provides a program for the treatment of chemical dependency pursuant to a written treatment plan approved and monitored by a physician and which facility is also: (1) affiliated with a hospital under a contractual agreement with an established system for patient referral; or (2) accredited as such a facility by the Joint commission on Accreditation of Hospitals; or (3) licensed as a chemical dependency treatment program by the Texas Commission on Alcohol and Drug Abuse; or (4) licensed, certified, or approved as a chemical dependency treatment program or center by any other state agency having legal authority to so license, certify, or approve. COMPLICATIONS OF PREGNANCY Complications of Pregnancy is defined as: conditions, requiring hospital confinement (when the pregnancy is not terminated), whose diagnosis are distinct from pregnancy but are adversely affected by pregnancy or are caused by pregnancy, such as acute nephritis, nephrosis, cardiac POS-CER9-92 30 decompression, missed abortion, and similar medical and surgical conditions of comparable severity, but shall not include false labor, occasional spotting, physician prescribed rest during the period of pregnancy, morning sickness, hyperemesis gravidarum, pre-eclampsia, and similar conditions associated with the management of a difficult pregnancy not constituting a nosologically distinct complication of pregnancy; and non-elective cesarean section, termination of ectopic pregnancy, and spontaneous termination of pregnancy, occurring during a period of gestation in which a viable birth is not possible. CONTRACT YEAR Contract year shall mean the period of twelve (12) months commencing on the Group effective date and each twelve (12) month period thereafter, unless terminated. COORDINATED POLICY Coordinated Plan shall mean any of the following that provides benefits or services for, or by reason of, medical care or treatment: Coverage under governmental programs, (excluding Medicaid) including Medicare, required or provided by any statute unless coordination of benefits with any such programs is forbidden by law. Group coverage or any other arrangement of coverage for individuals in a group, whether on an insured or uninsured basis, including any prepayment coverage, group practice basis or individual practice coverage and any coverage for students which is sponsored by, or provided through, a school or other educational institution above the high school level. COURSE OF TREATMENT Course of Treatment shall mean that period of time represented by an inpatient hospital admission and related discharge during which time treatment has been received by you or your dependents or that period of time authorized by HMHIC as necessary to complete a cycle of treatment and subsequently provide a medical release to you or your dependents. COVERED EXPENSE Covered Expenses shall mean the services and supplies, detailed in the Schedule of Benefits Attachment, for which a payment is made. COVERED FAMILY MEMBERS You and your wife or husband and Dependent children who are covered under the Agreement. POS-CER9-92 31 CRISIS STABILIZATION UNIT Crisis Stabilization Unit shall mean a twenty-four (24) hour residential program that is usually short-term in nature and that provides intensive supervision and highly structured activities to persons who are demonstrating an acute demonstrable psychiatric crisis of moderate to severe proportions. CUSTODIAL CARE Custodial Care shall mean 1). that care which is marked by or given to watching and protecting rather that seeking cure; or 2). care which is not a necessary part of medical treatment or recovery; or 3). care comprised of services and supplies that are primarily provided to assist in the activities of daily living. DAY TREATMENT CENTER A psychiatric day treatment facility shall mean a mental health facility which provides treatment for individuals suffering from acute, mental and nervous disorders in a structured psychiatric program utilizing individualized treatment plans with specific attainable goals and objectives appropriate both to the patient and the treatment modality of the program and that is clinically supervised by a doctor of medicine who is certified in psychiatry by the American Board of Psychiatry and Neurology. Day treatment facility may provide coverage for not more than eight hours in a twenty-four (24) hour period, the attending physician certifies that such treatment is in lieu of hospitalization, and the psychiatric treatment facility is accredited by the Program for psychiatric Facilities, or its successor, of the Joints Commission on Accreditation of Hospitals. Each full day of treatment in a psychiatric day treatment facility shall be considered equal to one-half of one day of treatment of mental or emotional illness or disorder in a hospital. DEPENDENT Dependent shall mean an Eligible Dependent who has satisfied the eligibility and participation requirements specified in this Agreement. DOMICILIARY CARE Domiciliary Care shall mean that care provided in the home, custodial in nature, for persons so disabled or inform as to be unable to live independently. DURABLE MEDICAL EQUIPMENT Durable Medical Equipment must be able to withstand repeated use, primarily and customarily POS-CER9-92 32 serve a medical purpose, generally not be used in the absence of illness or injury, require a Physician's order and be appropriate for use in the home. EFFECTIVE DATE Effective Date shall mean the effective date of coverage for you and your Eligible Dependents pursuant to the terms of this Agreement. ELIGIBLE DEPENDENT Eligible Dependent shall mean an individual as defined in the ELIGIBILITY AND EFFECTIVE DATE Section of this Agreement. ELIGIBLE PERSON Eligible Person shall mean an individual as defined in the ELIGIBILITY AND EFFECTIVE DATE Section of this Agreement. EMERGENCY CARE Emergency care shall mean bona fide emergency services provided after the sudden onset of a medical condition manifesting itself by acute symptoms of sufficient severity, including severe pain, such that the absence of immediate medical attention could reasonably be expected to result in placing the patient's health in serious jeopardy; serious impairment or bodily functions; or serious dysfunction to any bodily organ or part. EMPLOYEE See ELIGIBILITY AND EFFECTIVE DATE Section. POS-CER9-92 33 EVIDENCE OF INSURABILITY Evidence of Insurability shall mean the documentation of health status as required by HMHIC for Eligible Persons and Eligible Dependents who do NOT meet the following requirements regarding application for coverage: (a) apply for coverage during an open enrollment period; or (b) apply for coverage within thirty (30) days of qualifying for coverage. Such information shall be reviewed by HMHIC. Notification will be sent to the Eligible Person or Eligible Dependents regarding their eligibility for participation in HMHIC. EXCLUSION Exclusion shall mean those specific conditions or causes for which coverage by HMHIC is entirely excluded. FAMILY DEDUCTIBLE The maximum your entire family will have to pay for Deductible in any year is the amount of Family Deductible shown in Schedule of Benefits. This Family Deductible applies no matter how large your family may be. Only Covered Expenses which count toward a person's Individual Deductible count toward this Deductible. FDA FDA shall mean the Food and Drug Administration, an agency of the United States Government. GROUP Group shall mean collectively the contracting Group and all affiliated organizations of the Group, to which this Agreement is issued and through which as an agent for you and your dependents become entitled to the benefits as set forth in the Schedule of Benefits. GROUP EFFECTIVE DATE Group Effective Date shall mean the date specified as such in the Group Enrollment Agreement. GROUP ENROLLMENT AGREEMENT Group Enrollment Agreement shall mean that agreement which is executed between HMHIC and the Group for the purpose of making available to Eligible Persons and Eligible Dependents of the Group those benefits which are described in the Certificate of Insurance. Such Group Enrollment Agreement shall identify the Group, Group Effective Date, eligibility requirements, rates, and covered benefits. POS-CER9-92 34 HARRIS HMO Harris HMO shall mean Harris Health Plan, Inc., a Texas not-for-profit corporation organized as a Health Maintenance Organization (HMO) and licensed by the Texas Department of Insurance. HEALTH CARE PROVIDER/PHYSICIAN A licensed or certified provider whose services Harris Methodist Health Insurance Company must cover due to a state law requiring payment of services given within the scope of that provider's license or certification. A Provider shall mean any Physician, Hospital, Allied Health Professional, Home Health Agency, Laboratory, Dietitian, Minor Emergency Room Center, Chemical Dependency Treatment Center, Psychiatric Day Treatment facility, Crisis Stabilization or Residential Treatment Facility or other provider or entity which provides services as set forth in this Agreement as described in the Schedule of Benefits Attachment. HOME HEALTH AGENCY An agency or organization which provides a program of home health care and which fully meets one of the following tests: • It is approved by Medicare. • It is established and operated in accordance with the applicable licensing and other laws. • It meets the following tests: 0 It has the primary purpose of providing a home health care delivery system bringing supportive services to the home. 0 It has a full-time administrator 0 It maintains written records of services provided to the patient. 0 Its staff includes at least one registered graduate nurse (R.N.) or it has nursing care by a registered graduate nurse (R.N.) available. 0 Its employees are bonded and it provides malpractice insurance. POS-CER9-92 35 HOSPICE An agency that provides counseling and incidental medical services for a terminally ill individual. Room and board may be provided. The agency must meet all of the following tests: • It is approved under any required state or governmental Certificate of Need. • It provides 24 hour-a-day, 7 day-a-week service • It has a nurse coordinator who is a registered graduate nurse (R.N.) with four years of full-time clinical experience. Two of these years must involve caring for terminally ill patients. • It has a social-service coordinator who is licensed in the area in which it is located. • The main purpose of the agency is to provide Hospice services. • It has a full-time administrator. • It maintains written record of services given to the patient. • Its employees are bonded. • It provides malpractice and malplacement insurance. • It is established and operated in accordance with any applicable state laws. HOSPITAL Hospital shall mean an institution licensed by the State of Texas and which is (1.) primarily engaged in providing diagnostic, medical, surgical, or mental health facilities for the care and treatment of injured or sick persons, (2.) operated under the medical supervision of a staff of legally qualified and licensed physicians, (3.) provides twenty-four (24) hour-a-day nursing service by or tinder the direct supervision of a Registered Nurse (R.N.), (4.) provides for overnight care of patients, (5.) maintaining clerical and ancillary services necessary for the treatment of medical and surgical patients including but not limited to laboratory, X-ray, dietary and medical records library. In no event shall the tern "hospital" include a convalescent nursing home or any institution or part thereof which is used principally as a convalescent facility, rest facility, nursing facility, facility for the aged, extended care facility, intermediate care facility, skilled nursing facility or facility primarily for rehabilitative services; the tern hospital shall pursuant to Chapter 3, Texas Insurance Code, Article 3.72 included treatment in a residential treatment center for children and adolescents, treatment provided by a crisis stabilization unit, psychiatric day treatment, or chemical dependency unit. POS-CER9-92 36 IDENTIFICATION CARD A card that generally describes the benefits of a Plan, that in and of itself confers no rights to services or other benefits. The card is the sole property of HMHIC, and HMHIC reserves the right of possession. INDIVIDUAL DEDUCTIBLE The Individual Deductible applies to all covered expenses. The amount of the Individual Deductible is shown in Schedule of Benefits. MAMMOGRAPHY. LOW-DOSE Low Dose Mammography shall mean the X-Ray examination of the breast using equipment dedicated specifically for mammography, including the x-ray tube, filter, compression device, screens, films, and cassettes, with an average radiation exposure delivery of less than one rad midbreast, with two views for each breast. Coverage for 35 year old females or older for an annual screening for the presence of occult breast cancer subject to the same dollar limits, deductibles, and co-insurance factors. MEDICAL EMERGENCY Medical Emergency shall mean a medical condition so classified by the medical director and which manifests itself by acute symptoms of sufficient severity (including severe pain) such that the absence of immediate medical attention could reasonably be expected to result in (a) placing the patient's health in serious jeopardy; or (b) serious impairment of bodily function; or (c) serious dysfunction to any bodily organ or part. Examples of conditions which do not usually constitute medical emergencies are colds, influenzas, ordinary sprains, children's ear infections, or nausea and headaches. Heart attacks, cardiovascular accidents, poisoning, loss of consciousness or respiration, convulsions, severe bleeding or broken bones are examples of true medical emergencies. MEDICALLY NECESSARY Shall mean services or supplies which are (1.) provided for the diagnostic care and treatment of a medical condition; (2.) appropriate and necessary for the symptoms, diagnosis or treatment of a medical condition; (3.) generally acceptable medical practice; (4.) performed in the most cost effective and efficient manner appropriate to treat you or your Eligible Dependent's medical condition; and (5.) provided in accordance with accepted medical standards. POS-CER9-92 37 MEDICARE Medicare shall mean Part A and Part B of Title XVIII of the Social Security Act and any amendments or regulations thereunder. MENTAL OR NERVOUS DISORDER Neurosis, psychoneurosis, psychopathy, psychosis, or mental or emotional disease or disorder of any kind. [ See SERIOUS MENTAL ILLNESS for definition of Serious Mental Illness. NO-FAULT AUTOMOBILE INSURANCE LAW The basic reparations provision of a law providing for payment without determining fault in connection with automobile accidents. NURSE-PRACTITIONER A person who is licensed or certified to practice as a nurse-practitioner and fulfills both of these requirements: • A person licensed by a board of nursing as a registered nurse. • A person who has completed a program approved by the state for the preparation of nurse-practitioners. POS-CER9-92 38 OPEN ENROLLMENT PERIOD Open enrollment shall mean a period of at least thirty (30) days during each twelve (12) consecutive months when Eligible Persons may elect to change from the Alternative Health Benefit Plan to HMHIC or from HMHIC to the Alternative Health Benefit Plan. OTHER SERVICES AND SUPPLIES Services and supplies furnished to the individual and required for treatment, other than the professional services of any Physician and any private duty or special nursing services (including intensive nursing care by whatever name called). PHYSICIANIHEALTH CARE PROVIDER A licensed or certified provider whose services Harris Methodist Health Insurance Company must cover due to a state law requiring payment of services given within the scope of that provider's license or certification. A Provider shall mean any Physician, Hospital, Allied Health Professional, Home Health Agency, Laboratory, Dietitian, Minor Emergency Room Center, Chemical Dependency Treatment Center, Psychiatric Day Treatment facility, Crisis Stabilization Unit, or Residential Treatment Facility or other provider or entity which provides services as set forth in this Agreement as described in the Schedule of Benefits Attachment. PRE-EXISTING CONDITION Pre-existing Condition shall mean a physical condition diagnosed or treated within six months prior to the effective date of coverage. Please see ELIGIBILITY AND EFFECTIVE DATE Section. PROVIDERS Provider shall mean any Physician, Hospital, Allied Health Professional, Home Health Agency, Laboratory, Minor Emergency Room Center, Residential Treatment Center for children and adolescents, Crisis stabilization Unit, Chemical Dependency Unit, Psychiatric Day Treatment facility or other provider or entity which provides services as set forth in this Agreement an described in the Schedule of Benefits Attachment. POS-CER9-92 39 REASONABLE CHARGE An amount measured and determined by Harris Methodist Health Insurance Company by comparing the actual charges for the service or supply with the prevailing charges made for it. Harris Methodist Health Insurance Company determines the prevailing charge. It takes into account all pertinent factors including: • The complexity of the service. • The range of services provided. 0 The prevailing charge level in the geographic area where the provider is located and other geographic areas having similar medical cost experience. RESIDENTIAL TREATMENT CENTER Residential Treatment Center for Children and Adolescents means a child-care institution that provides residential care and treatment for emotionally disturbed children and adolescents and that is accredited as a residential treatment center by the Council on Accreditation, the Joint Commission on Accreditation of Hospitals, or the American Association of Psychiatric Services for Children. ROOM AND BOARD Room, board, general duty nursing, intensive care by whatever name called, and any other service regularly furnished by the hospital as a condition of occupancy of the class of accommodations occupied, but not including professional services of Physician nor special nursing services rendered outside of an intensive care unit by whatever name called. SICKNESS The term "sickness" will include a surgical procedure for sterilization and related medical care and treatment and confinement within 30 consecutive days from the procedure. The term "sickness" will include complications of pregnancy as defined above. The term "sickness" used in connection with newborn children will include congenital defects and birth abnormalities, including premature births. SKILLED NURSING FACILITY If the facility is approved by Medicare as a Skilled Nursing Facility then it is covered by this Agreement. If not approved by Medicare, the facility may be covered if it meets the following tests: POS-CER9-92 40 • It is operated tinder the applicable licensing and other laws. • It is under the supervision of a licensed Physician or registered graduate nurse (R.N.) who is devoting full time to supervision. • It is regularly engaged in providing room and board and continuously provides 24 hour a day skilled nursing care of sick and injured person's at the patient's expense during convalescent stage of an injury or sickness. • It maintains a daily medical record of each patient who is under the care of a duly licensed Physician. • It is authorized to administer medications to patients on the order of a duly licensed Physician. • It is not, other than incidentally, a home for the aged, the blind or the deaf, a hotel, a domiciliary care home, a maternity home, or a home for alcoholics or drug addicts or the mentally ill. TOTAL DISABILITY Total Disability and totally disabled shall mean (1) with respect to an employee or other primary insured under the policy, the complete inability of the person to perform all of the substantial and material duties and function of his or her occupation and any other gainful occupation in which such person earns substantially the same compensation earned prior to disability, and (2) with respect to any other person/dependent under the policy, confinement as a bed patient in a hospital. UTILIZATION REVIEW DEPARTMENT Utilization Review Department shall mean a department of HMHIC which determines, in its discretion, if a service or supply is medically necessary for diagnosis or treatment of an accidental injury, illness or pregnancy. A service or supply is not medically necessary if a less intensive or more appropriate diagnostic or treatment alternative could be used in lieu of the services or supply given. POS-CER9-92 41 TERM AND AMENDMENT Or AGREEMENT TERM This Agreement shall remain in effect for the first Contract Year and thereafter for successive Contract Years unless sooner terminated as provided in Section TERMINATION of this Agreement. AMENDMENT • HMHIC and Group may mutually alter or revise the terns of this Agreement and/or Schedule of Benefits and Riders hereto. In the event of such alteration or revision, HMHIC shall provide Group with at least sixty (60) days written notice before effective date of Amendment. Such notice shall be considered to have been provided when mailed to the Group at the latest date shown on the records of HMHIC. • The Agreement may be amended at any time, according to any provisions of this Agreement or by written agreement between HMHIC and Group, without consent of you, or any other person having a beneficial interest in it. Any such amendment shall be without prejudice to any claim arising prior to the effective date of such amendment. CHANGE OF RATES HMHIC shall have the right to change the rates and premiums payable hereunder (i) as of any Anniversary Date (in which case the Group shall be notified at least sixty (60) days prior to a change in rates) or (ii) in accordance with Section TERM AND AMENDMENT OF AGREEMENT of this Agreement. POS-CER9-92 42 MISCELLANEOUS PROVISIONS USE OF WORDS Words used in the masculine shall apply to the feminine where applicable, and, wherever the context of this Agreement dictates, the plural shall be read as the singular and the singular as the plural. The terns "you", "your", and "insured" shall refer to the employee. "HMHIC" and "insurer" shall refer to Harris Methodist Health Insurance Company. The words "hereof", "herein", "hereunder" and other similar compounds of the word "here" shall mean and refer to the entire Agreement and not to any particular Section or provision. All references to Sections and provisions shall mean and refer to Sections and provisions contained in this Agreement unless otherwise indicated. RECORDS AND INFORMATION HMHIC shall, to the extent legally allowable and without further consent of or notice to you, release to or obtain from any insurance company or other organization or person any information, with respect to you, which HMHIC deems to be necessary for such purposes as Coordination of Benefits. When claiming benefits, you shall furnish HMHIC information as may be necessary to implement this Agreement. INFORMATION FROM GROUP Group shall periodically forward the information required by HMHIC in conjunction with the administration of the Agreement. All records of Group which have a bearing on the coverage shall be open for inspection by HMHIC at any reasonable time. HMHIC shall not be liable for the fulfillment of any obligation dependent upon such information prior to its receipt in a form satisfactory to HMHIC. Incorrect information furnished may be corrected, if HMHIC shall not have acted to its prejudice by relying on it. HMHIC shall have the right, at reasonable times, to examine Group's records, including payroll records of the Group having employees covered through this Agreement, with respect to eligibility and monthly premiums under this Agreement. ASSIGNMENT Assignment shall mean the authorization to pay benefits directly to the party providing the benefit. This may not be construed to: (1) provide a coverage or benefit not otherwise available tinder the health insurance policy; (2) allow assignment of a benefit of a benefit payment to a person who is not legally entitled to receive such a direct payment; or (3) prohibit an insurer from verifying through the insurer's normal process the health care services provided to the covered person by the physician or health care provider. POS-CER9-92 43 If a written assignment of benefits payable for health care services is made by a covered person and is obtained by or delivered to the insured with the claim for benefits, the benefit payment shall be made by the insurer directly to the physician or other health care provider. If a written assignment of benefits is made and delivered or obtained as provided, the insurer is relieved of the obligation to pay and of any liability for paying the benefits for the health care services to the covered person. The payment of benefits under an assignment does not relieved the covered person of any contractual responsibility for the payment of deductibles and copayments. A physician or other health care provider may not waive copayments or deductibles by acceptance of an assignment. AUTHORITY Any alterations or revisions to this Agreement shall not be valid unless evidenced by a written amendment which has been signed by Group and by an officer of HMHIC and attached to the affected document. No other person has the authority to change this Agreement or to waive any of its provisions. GOVERNING LAW This Agreement is executed and is to be performed in all respects in accordance with all federal and Texas state laws applicable to Health Insurance Companies and all other applicable Texas state laws or regulations. INCORPORATION BY REFERENCE The Schedule of Benefits, Group Enrollment Applications, any optional Riders, any Attachments, and any amendments to any other forgoing, form a part of this Agreement as if fully incorporated herein. Any direct conflict or ambiguity of this Agreement shall be resolved under terns most favorable to you. ENTIRE AGREEMENT Agreement shall mean Entire Contract which is defined as the Group Contract, Certificate of Coverage, Group Enrollment Agreement, Schedule of Benefits, Applications, Attachments, Riders, Amendments hereto, if any. Agreement shall constitute the entire contract between the parties and that in the absence of fraud all statements made the policyholder or person insured shall be deemed representations and not warranties, and that no such statement shall be used in any contest under the policy, unless a copy of the written instrument containing the statement is nor has been furnished to such person or in the event of death or incapacity of the insured person to the individual's beneficiary or personal representative. POS-CER9-92 44 INFORMATION TO YOU Upon execution of this Agreement, HMHIC shall provide to you a copy of this Certificate of Coverage, and an Identification Card. Such delivery shall be accomplished by mailing postage paid, to the latest address furnished to HMHIC or by delivery from a representative of HMHIC or Group to you. UNIFORM RULES In the administration of HMHIC, this Agreement shall be applied uniformly to all similarly situated employees. CALCULATION OF TIME In determining time periods within an event or action is to take place for purposes of HMHIC, no fraction of a day shall be considered, and any act, the performance of which would fall on a Saturday, Sunday, holiday or other non-business day, may be performed on the next following business day, may be performed on the next business day. EVIDENCE Evidence required of you to HMHIC may be certificate, affidavit, document, or other information which when acting on it considered pertinent and reliable, and signed, made or presented by the proper party or parties. SEVERABILITY If any provision of this Agreement shall be held invalid or illegal, the rest of this Agreement shall remain in force and effect and shall be construed in accordance with the intentions of the parties as manifested by all provisions hereof including those which shall have been held invalid and illegal. Furthermore, in lieu of any provision hereof which is found to be illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable without materially changing the purpose and intent of this Agreement. HEADINGS The titles and headings of Sections or provisions are included for convenience of references only and are not be considered in constriction of the Sections or provisions hereof. NOTICE OF TERMINATION All HMHIC notices of termination of this Agreement or of your rights will be in writing and shall state the cause of termination, with specific reference to the provision(s) of this Agreement giving rise to the right of termination. POS-CER9-92 45 NOTICE Any notice under this Agreement shall be in writing, and shall be given by United States mail, postage prepaid, addressed as follows: HMHIC: 1300 Summit Avenue, Suite 300 Fort Worth, Texas 76102 Group: The address specified on the executed Group Enrollment Agreement or the latest address provided, in writing, to HMHIC. Employee: The latest address provided by you on the Application form actually delivered to HMHIC. The effective date of notice is two (2) business days after the date of deposit with the United States Post Office. POS-CER9-92 46 SCHEDULE OF BENEFITS Preferred PLUS HARRIS METHODIST HEALTH INSURANCE COMPANY 1300 Summit Avenue, Suite 300 Fort Worth, Texas 76102 1-800/633-8598 (817) 878-5826 POS-SCH9-92 1 You and your Eligible Dependents are entitled to receive the services and benefits set forth in this Schedule of Benefits which are Medically Necessary and obtained in accordance with the provisions of Lj the Group Health Care Agreement/Subscriber Certificate of Coverage and/or Certificate of Insurance. A. , i B. Benefits which are covered under Harris HMO are not covered expenses under HMHIC. No Coordination of Benefits are available between Harris HMO and HMHIC benefits. Emergency Care which does not meet Harris HMO's definition will be covered under HMHIC. To receive HMO ben- efits for ER services the condition must conform to the following definition, and if time permits you must notify your Primary Care Physician prior to receiving benefits. Harris HMO's definition of Emergency Care shall mean bona fide emergency services provided after the sudden onset of a - medical condition manifesting itself by acute symptoms of sufficient severity, including severe pain that the absence of immediate medical attention could reasonably be expected to result in j ' (1) placing the patient's health in serious jeopardy; (2) serious impairment to bodily functions; or (3) serious dysfunction of any bodily organ or part. If an Emergency Care situation exists follow the procedure outlined in Harris HMO policy. POS-SCH9-92 2 i C. You must submit your own claim forms for all medical bills for services received from Providers. The claim office address is P.O. Box 901054, Fort Worth, Texas 76101-2054. Benefits are based on the Reasonable and Customary charges as established by HMHIC. The benefits will be sent in accordance with claims provisions outlined in the Certificate of Coverage document. An explana- tion of benefits (EOB) summary will be sent which explains the amount of benefits paid as well as the amount of payment which is your responsibility. 0. All services and benefits are subject to any stated Copayment amounts, limitations, and exclu- sions described in this Schedule of Benefits. E. Any copayment expressed as a percentage of "Total Charges" or flat amount shall mean that por- tion of the Reasonable and Customary charges as established by HMHIC. This Schedule of Benefits may be supplemented by additional benefit Riders if included with this Group Health Care Agreement/Subscriber Certificate of Coverage, and/or Certificate of Insurance. G. The relationship between HMHIC and Group is that of independent contracting entities. Providers are not agents or employees of HMHIC nor is HMHIC an employee or agent of any Provider. Providers shall maintain the physician-patient or professional-patient relationship with you and shall be the only parties responsible to you for the services provided. Neither HMHIC or any employee of HMHIC shall be deemed to be engaged in the practice of medicine. HMHIC shall in no way supervise the practice of medicine by any Provider, nor shall HMHIC in any manner supervise, regulate or interfere with the usual professional relationships between a Provider and you. H. POS-SCH9-92 Any services which are limited in either daily limits or dollar maximums under Harris HMO policy will also be counted towards HMHIC's daily limit or dollar maximum. The Calendar Year Deductible must be satisfied in full (100%) for all benefits and riders from January 1 through December 31. Only one Copayment will be required for covered services performed or furnished on same date of ser- vice by the same provider. This Copayment will be the higher of all listed Copayments. Benefits Required Copayment Physician office visits $20.00 per visit Adult health assessments, routine physical examinations, 50% of Total Charges well child care, and health education for diagnosis, care and treatment of illness or injury provided by a Physician Annual well woman examination 50% of Total Charges Physician office visits after hours $25.00 per visit Immunizations 50% of Total Charges Home visits $20.00 per visit Allergy diagnosis and/or testing; serum is not covered $75.00 per visit Administered drugs, medications, dressings, splints, and $20.00 per visit casts Diagnostic services, laboratory tests, and x-rays 30% of Total Charges (Including Low-Dose Mammography, will be covered as other x-rays) Ultrasound, MRI, CAT, and non-routine laboratory tests $100.00 per test Surgery and/or anesthesia performed in the physician's office $100.00 per procedure or outpatient setting POS-SCH9-92 All physician fees including anesthesia while a member is 30% of Total Charges hospitalized, except professional radiology and pathology fees Professional radiology and pathology fees 30% of Total Charges (Including Low-Dose Mammography, will be covered as other x-rays, one examination per year for females age 35 and older) For maternity services, Covered Person shall be entitled to receive medical, surgical, and hospital care from Physicians and other Providers during the term of the pregnancy, upon delivery, and during the postpartum period for normal delivery; for abortion and miscarriages; and for complications of preg- nancy. Charges related to medical services connected with the home delivery of a newborn and services of mid-wives, unless provided as Emergency Care Services, will not be covered. Benefits for the child of an unmarried Dependent covered person will be provided if maternity benefits are provided to the dependent mother. The child of an unmarried dependent will be considered an eligible dependent of the Subscriber if child is considered a dependent for Federal income tax purposes, and upon payment of the applicable premium. Benefits Required Copayment Physician services for maternity care including delivery, 30% of Total Charges hospital visits, and anesthesia Physician care in the hospital for care of Eligible Newborn 30% of Total Charges NOTE: You must obtain authorization for most health care services (other than routine office visits) by calling the Utilization Review Department. Inpatient admission to any health care facility must always be precertified. See Item "A" under "Obtaining Health Care Services" for the complete list of other services and procedures which require Utilization Review precertifica- tion. Failure to call Utilization Review as directed will result in a fifty percent (50%) reduction in benefit payment penalty. POS-SCH9-92 The Calendar Year Deductible must be satisfied in full (100%) for all benefits and riders from January 1 through December 31. You shall be entitled to receive Medically Necessary (See Page 2 item A for definition) hospital services, subject to all definitions, terms and conditions of this Agreement and Schedule of Benefits. If you elect to remain in the hospital beyond the period which is Medically Necessary (as determined by your Physician and HMHIC Utilization Review Department), you will be responsible for non Medically Necessary services directly to the hospital. You must notify the Utilization Review department if your stay is extended beyond the authorized time by the Utilization Review Department. Benefits INPATIENT HOSPITAL SERVICES: Semi-private room, private if Medically Necessary, and all services and medical supplies related to inpatient treatment. OUTPATIENT HOSPITAL SERVICES (Including Ambulatory Facilities) Surgery Therapeutic radiation treatment Inhalation therapy Diagnostic testing, laboratory, and x-rays Ultrasound, MRI, CAT, and non-routine laboratory tests Required Copayment 30% of Total Charges $100.00 per procedure 30% of Total Charges 30% of Total Charges 30% of Total Charges $100.00 per test NOTE: You must obtain authorization for most health care services (other than routine office visits) by calling the Utilization Review Department. Inpatient admission to any health care facility must always be precertified. See Item "A" under "Obtaining Health Care Services" for the complete list of other services and procedures which require Utilization Review precertifica- tion. Failure to call Utilization Review as directed will result in a fifty percent (50%) reduction in benefit payment penalty. POS-SCH9-92 Benefits which are covered under Harris HMO are not covered expenses under HMHIC. No coordination of benefits are available between Harris HMO and HMHIC. Emergency care which does not meet Harris HMO's definition will be covered under HMHIC. To receive HMO benefits for Emergency Services the condition must conform to the following definition, and if time permits you must notify your Primary Care Physician prior to receiving benefits. Harris HMO's definition of Emergency Care shall mean these bona fide emergency services provided after the sudden onset of a medical condition manifesting itself by acute symptoms of sufficient severity, including severe pain, such that the absence of immediate medical attention could reasonably be expected to result in placing your health in serious jeopardy, seri- ous impairment to bodily functions or serious dysfunction of any bodily organ or part. In cases of a Medical Emergency, you are entitled to the benefits and services set forth in this Schedule of Benefits and in this Agreement if the condition does not meet Harris HMO's definition of a Medical Emergency. If the condition meets Harris HMO's definition, benefits will be paid by Harris Methodist Health Plan. If the condition does not meet Harris HMO's definition, benefits will be paid by HMHIC. At the time of a Medical Emergency, you or someone acting on your behalf, should make every reasonable effort to contact the Utilization Review Department. If it is not reasonably possible to contact the Utilization Review Department at the time (such as that of a life or limb threatening emergency), you may seek care immediately. Benefits Physician office visits Physician office visits after hours Hospital emergency room and urgent care center services, including physician fees Follow-up care Required Copayment 30% of Total Charges 30% of Total Charges 30% of Total Charges 30% of Total Charges POS-SCH9-92 At the time of a Medical Emergency which results in a hospital admission, you or someone acting on your behalf, shall notify the Utilization Review Department within twenty-four (24) hours or as soon as reasonably possible. Upon notification, the Utilization Review Department will evaluate the need for con- tinuation of hospital services. The Calendar Year Deductible must be satisfied in full (100%) for all benefits and riders from January 1 through December 31. Family Planning Services will be available to you on a voluntary basis. Covered services will include his- tory, physical examination, related laboratory tests; medical supervision in accordance with generally accepted medical practice; information and counseling on contraception, including advice or prescrip- tion for a contraceptive method; education, including education on the prevention of venereal disease; and voluntary sterilization after appropriate counseling. Benefits Required Copayment Physician office visits, including related testing, education $20.00 per visit and counseling Fitting and dispensing of IUD and diaphragms $20.00 per visit Tubal ligation $75.00 per procedure Vasectomy $75.00 per procedure NOTE: You must obtain authorization for most health care services (other than routine office visits) by calling the Utilization Review Department. Inpatient admission to any health care facility must always be precertified. See Item "A" under "Obtaining Health Care Services" for the complete list of other services and procedures which require Utilization Review precertifica- tion. Failure to call Utilization Review as directed will result in a fifty percent (50%) reduction in benefit payment penalty. POS-SCH9-92 The Calendar Year Deductible must be satisfied in full (100%) for all benefits and riders from January 1 through December 31. Infertility services will be available to you on a voluntary basis. Artificial insemination and diagnostic services to determine the cause of infertility will be provided. Excluded from services to treat infertility are those services described in "Exclusions," Section XIV, Number 23 of this Schedule of Benefits. Benefits Required Copayment Physician office visits for diagnosis, non-psychiatric $20.00 per visit counseling, artificial insemination, and sperm count Administration of infertility medications; infertility $20.00 per visit medications not covered Endometrial biopsy, hysterosalpingography and diagnostic 30% of Total Charges laparoscopy Sonogram and/or ovulation kit $75.00 per test or kit NOTE: You must obtain authorization for most health care services (other than routine office visits) by calling the Utilization Review Department. Inpatient admission to any health care facility must always be precertified. See Item "A" under "Obtaining Health Care Services" for the complete list of other services and procedures which require Utilization Review precertifica- tion. Failure to call Utilization Review as directed will result in a fifty percent (50%) reduction in benefit payment penalty. POS-SCH9-92 The Calendar Year Deductible must be satisfied in full (100%) for all benefits and riders from January 1 through December 31. You shall be entitled to all necessary care and treatment for chemical dependency on the same basis as that provided for any physical illness to a lifetime maximum of three (3) separate series of treatments. Diagnosis and treatment for chemical dependency shall include detoxification and/or rehabilitation on either an inpatient or outpatient basis as determined to be Medically Necessary by a Physician. All treat- ment is subject to the same limitations, exclusions, and copayments as applied to covered services of any other physical illness. Note: Inpatient Drug Treatment required precertification by the Utilization Review Department. A series of treatments is considered to be a planned, structured, and organized program to promote chemical free status which may include different facilities or modalities and is complete when: You are discharged on medical advice from inpatient detoxification, inpatient rehabilitation treatment, partial hospitalization or intensive outpatient; or You have received a series of these levels of treatments without a lapse in treatment; or You fail to materially comply with the treatment program for a period of thirty (30) days. Benefits Required Copayment Office visits $20.00 per visit Necessary care and treatment for detoxification and/or $20.00 per visit rehabilitation from chemical dependency Intensive outpatient or partial hospitalization 30% of Total Charges NOTE: You must obtain authorization for most health care services (other than routine office visits) by calling the Utilization Review Department. Inpatient admission to any health care facility must always be precertified. See Item "A" under "Obtaining Health Care Services" for the complete list of other services and procedures which require Utilization Review precertifica- tion. Failure to call Utilization Review as directed will result in a fifty percent (50%) reduction in benefit payment penalty. NOTE: Any services which are limited in either daily limits or dollar maximums under Harris HMO policy will also be counted towards HMHIC's daily limit or dollar maximum. POS-SCH9-92 10 The Calendar Year Deductible must be satisfied in full (100%) for all benefits and riders from January 1 through December 31. OUTPATIENT MENTAL HEALTH SERVICES: You shall be entitled to receive up to twenty (20) office visits per Calendar Year for evaluation, crisis intervention and stabilization, and outpatient therapy in support of the evaluation or crisis intervention. The twenty (20) visits maximum may include individual treatment, couple, or family visits. Benefits Required Copayment Outpatient office visits for crisis intervention and treatment $20.00 per visit Psychological testing 30% of Total Charges INPATIENT MENTAL HEALTH SERVICES: When determined to be Medically Necessary by the Utilization Review Department, you shall be entitled to evaluation, crisis intervention, treatment or any combination thereof for acute conditions. Only treatment at the most appropriate level of care as determined by the Utilization Review Department will be authorized. Benefits Required Copayment Inpatient hospitalization for up to thirty (30) inpatient 30% of Total Charges days per Calendar Year. Psychiatric Day Treatment Facility, Crisis Stabilization Unit 30% of Total Charges or Residential Treatment Center for Children and Adolescents for up to sixty (60) days per Calendar Year. Treatment in such facilities will be limited to sixty (60) days of care such that one (1) day of care shall be equal to one-half (1/2) days of inpatient care. NOTE: You must obtain authorization for most health care services (other than routine office visits) by calling the Utilization Review Department. Inpatient admission to any health care facility must always be precertified. See Item "A" under "Obtaining Health Care Services" for the complete list of other services and procedures which require Utilization Review precertifica- tion. Failure to call Utilization Review as directed will result in a fifty percent (50%) reduction in benefit payment penalty. NOTE: Any services which are limited in either daily limits or dollar maximums under Harris HMO policy will also be counted towards HMHIC's daily limit or dollar maximum. POS-SCH9-92 11 The Calendar Year Deductible must be satisfied in full (100%) for all benefits and riders from January 1 through December 31. You shall be entitled to receive short-term physical or occupational therapy rehabilitation services for conditions which are Medically Necessary, subject to significant improvement through short-term treat- ment, and authorized by the Utilization Review Department before services are obtained. Treatment is defined as up to sixty (60) visits per twelve (12) month period, per condition, and shall be provided on an outpatient basis only. Rehabilitation services on an inpatient basis, or in a skilled nursing facility, will be authorized only if other non-rehabilitation medical services are required by you. Occupational therapy shall mean those services designated to prevent dysfunction, restore functional ability and facilitate maximal adaptation to impairment. Benefits Required Copayment Hospital, or other provider for restorative $20.00 per visit treatment subject to clinical improvement, and limited to sixty (60) visits per twelve (12) month calendar year per condition. Long-term or maintenance services. Not Covered Long term/maintenance services are defined as including Custodial/Domiciliary Care and services which are not skilled in nature and not medically necessary. NOTE: You must obtain authorization for most health care services (other than routine office visits) by calling the Utilization Review Department. Inpatient admission to any health care facility must always be precertified. See Item "A" under "Obtaining Health Care Services" for the complete list of other services and procedures which require Utilization Review precertifica- tion. Failure to call Utilization Review as directed will result in a fifty percent (50%) reduction in benefit payment penalty. NOTE: Any services which are limited in either daily limits or dollar maximums under Harris HMO policy will also be counted towards HMHIC's daily limit or dollar maximum. POS-SCH9-92 12 The Calendar Year Deductible must be satisfied in full (100%) for all benefits and riders from January 1 through December 31. You shall be entitled to services and benefits provided for kidney dialysis upon prior authorization from the Utilization Review Department and only if your Physician determines that such service represents the preferred method of treatment, and you satisfy the criteria for the service involved. Coverage will be coordinated for you if you are eligible for available coverage under the Medicare provisions for End Stage Renal Disease. Benefits Required Copayment Inpatient or outpatient Hospital, or outpatient Kidney dialysis 50% of Total Charges center Home dialysis (continuous ambulatory peritoneal dialysis) 50% of Total Charges including equipment, training, solutions, coils, drug and surgical supplies NOTE: You must obtain authorization for most health care services (other than routine office visits) by calling the Utilization Review Department. Inpatient admission to any health care facility must always be precertified. See Item "A" under "Obtaining Health Care Services" for the complete list of other services and procedures which require Utilization Review precertifica- tion. Failure to call Utilization Review as directed will result in a fifty percent (50%) reduction in benefit payment penalty. POS-SCI9-92 13 The Calendar Year Deductible must be satisfied in full (100%) for all benefits and riders from January 1 through December 31. Benefits Required Copayment You shall be entitled to both land and air ambulance 30% of Total Charges services for Medically Necessary Emergency Care Services POS-SCH9-92 14 The Calendar Year Deductible must be satisfied in full (100%) for all benefits and riders from January 1 through December 31. You shall be entitled to receive home health care services according to a Treatment Plan approved by the Utilization Review Department. Treatment will be provided only for those medical conditions subject to clinical improvement through short-term treatment; for recovery or rehabilitation of illness or injury; or for treatment of terminal illness. Short-term treatment is defined as: a plan of care established, approved in writing, and reviewed at least every two (2) months by the attending physician and certified by the attending physician as necessary for medical purposes. The number of visits for which benefits will be payable are sixty (60) visits in any calendar year for each covered person under this policy. Excluded benefits include custodial care, bene- fits provided by a person who resides in the covered person's home, or is a member of the covered per- son's family. A visit by a Home Health Agency representative is considered one (1) home health visit. Four hours of home health aid service is considered one (1) home health visit. Benefits Required Capayment Skilled nursing care; physical, occupational; or respiratory $20.00 per visit therapy; intravenous solutions; and home health aid services Hospice (home health service only) $20.00 per visit NOTE: You must obtain authorization for most health care services (other than routine office visits) by calling the Utilization Review Department. Inpatient admission to any health care facility must always be precertified. See Item "A" under "Obtaining Health Care Services" for the complete list of other services and procedures which require Utilization Review precertifica- tion. Failure to call Utilization Review as directed will result in a fifty percent (50%) reduction in benefit payment penalty. NOTE: Any services which are limited in either daily limits or dollar maximums under Harris HMO policy will also be counted towards HMHIC's daily limit or dollar maximum. POS-SCH9-92 15 The Calendar Year Deductible must be satisfied in full (100%) for all benefits and riders from January 1 through December 31. You are entitled to receive services in a Skilled Nursing Facility for medical conditions which in the judgement of the Utilization Review Department are subject to significant clinical improvement and which require services which can only be provided at that level of care. Services in a Skilled Nursing Facility may be provided in lieu of hospitalization (either in lieu of admission or upon discharge from inpatient care) as Medically Necessary based on acuity of services and patient condition, are limited to sixty (60) days per Calendar Year. Benefits Required Copayment Room, Board, medications and supplies while confined in a 30% of Total Charges Skilled Nursing Facility as part of a short-term recovery or rehabilitation program Physician visits while confined to Skilled 30% of Total Charges Nursing Facility NOTE: You must obtain authorization for most health care services (other than routine office visits) by calling the Utilization Review Department. Inpatient admission to any health care facility must always be precertified. See Item "A" under "Obtaining Health Care Services" for the complete list of other services and procedures which require Utilization Review precertifica- tion. Failure to call Utilization Review as directed will result in a fifty percent (50%) reduction in benefit payment penalty. NOTE: Any services which are limited in either daily limits or dollar maximums under Harris HMO policy will also be counted towards HMHIC's daily limit or dollar maximum. POS-SCH9-92 16 The Calendar Year Deductible must be satisfied in full (100%) for all benefits and riders from January 1 through December 31. You are entitled to prosthetic medical services or medical appliances if Medically Necessary, with autho- rization from the Utilization Review Department. While you are covered under this Agreement, initial prostheses are provided when required due to illness or injury. Replacement is provided only when marked physical changes occur which require replacement, and is not provided for items which wear out due to normal usage. Benefits Required Copayment Internal prosthetic appliances including internal cardiac 30% of Total Charges pacemakers, and minor devices such as screws, wire mesh, nails, and artificial joints. Supply of or replacement of internal breast prosthesis covered only if initial surgery was result of injury or disease. External prosthetic appliances including artificial arms, 30% of Total Charges legs, above or below knee or elbow prostheses; eyes, lenses, external cardiac pacemaker; terminal devices such as hand or hook; rigid or semi-rigid immobilizing devices such as arm, leg, neck or back braces; and ordinary splints, and crutches NOTE: You must obtain authorization for most health care services (other than routine office visits) by calling the Utilization Review Department. Inpatient admission to any health care facility must always be precertified. See Item "A" under "Obtaining Health Care Services" for the complete list of other services and procedures which require Utilization Review precertifica- tion. Failure to call Utilization Review as directed will result in a fifty percent (50%) reduction in benefit payment penalty. POS-SCH9-92 17 The Calendar Year Deductible must be satisfied in full (100%) for all benefits and riders from January 1 through December 31. You are entitled to benefits for certain durable medical equipment as prescribed by a physician, with prior authorization from the Utilization Review Department. Durable medical equipment must be able to withstand repeated use, primarily and customarily serve a medical purpose, generally not useful in the absence of illness or injury, require a physician's order, and be appropriate for use in the home. At its option, HMHIC may rent or purchase approved equipment. HMHIC retains the right of possession of equipment. HMHIC shall have no liability or responsibility for repair or replacement of equipment lost or damaged. Equipment not considered durable medical equipment is described in "Exclusions", Section XIV, Number 31 of this Schedule of Benefits. Benefits Required Copayment Rental or purchase of medical equipment 30% of Total Charges NOTE: You must obtain authorization for most health care services (other than routine office visits) by calling the Utilization Review Department. Inpatient admission to any health care facility must always be precertified. See Item "A" under "Obtaining Health Care Services" for the complete list of other services and procedures which require Utilization Review precertifica- tion. Failure to call Utilization Review as directed will result in a fifty percent (50%) reduction in benefit payment penalty. POS-SCI9-92 18 The Calendar Year Deductible must be satisfied in full (100%) for all benefits and riders from January 1 through December 31. You are entitled to services for the initial stabilization of acute accidental, non-occupational injury, to sound natural teeth with prior authorization by the Utilization Review Department, when provided within thirty (30) days of the accident on an outpatient basis only. While you are covered under this Agreement coverage is limited to treatment of fractured or dislocated jaw, or to repair damage to sound natural teeth. Limitations and exclusions for dental services are described in Section XVIII, Number 2 and Section XIV, Number 16 of this Schedule of Benefits. Copayments will be the same as described for other illness or injury services. POS-SCH9-92 19 The maximum annual Copayments for covered benefits, under this Schedule of Benefits, shall not exceed the following in a Calendar Year as described in GLOSSARY OF TERMS, of the Group Agreement/Subscriber Certificate of Coverage. Benefits Maximum Annual Copayments Per Member $4,000.00 Per Family $8,000.00 POS-SCI9-92 20 The following services are limited as described below: The Utilization Review Department determines the Medical Necessity of services. You are respon- sible for notifying the Utilization Review Department (UR) for the services listed below. The UR phone number is (817) 878-5828. Benefits which are not Medically Necessary will be denied. The ultimate decision on your medical care must be made by you and your Physician. The Utilization Review Department only determines the Medical Necessity of a service, only services medically necessary are paid for according to the Agreement benefits and provisions. Benefits are reduced if you do not call UR prior to receiving services as required. The penalty for not calling UR is a 50% reduction in benefit payment. The penalty is applied to each confinement, surgical procedure, diagnostic procedure, or treatment plan. Services which are provided under Harris HMO are not covered expenses under HMHIC. Emergency Care which does not meet Harris HMO's definition will be covered under HMHIC. Harris HMO's definition of Emergency Care shall mean bona fide emergency services provided after the sudden onset of a medical condition manifesting itself by acute symptoms of sufficient severity, including severe pain that the absence of immediate medical attention could reasonably be expected to result in (1) placing the patient's health in serious jeopardy; (2) serious impair- ment to bodily functions; or (3) serious dysfunction of any bodily organ or part. If an Emergency Care situation exists follow the procedure outline in Harris HMO policy. 2. Care and treatment of the teeth or gums, except for oral surgery for tumors or injuries to the jaw bone or surrounding tissue, is limited to the initial stabilization of acute, accidental non-occupa- tional injury to sound, natural teeth when provided within thirty (30) days of the accident on an outpatient basis only. 3. Coverage for vision examinations is limited to conditions which require examination to diagnose injury or illness, unless covered by Rider attached to this Agreement. 4. The benefit for durable medical equipment is limited to either the total rental cost or the purchase price of such equipment, whichever is less, as determined and authorized in advance by the HMHIC Medical Director or his designee. HMHIC shall have no liability or responsibility for repair or replacement of equipment lost or damaged. 5. Care and treatment provided in hospital owned or operated by federal government is limited to the care for the condition which the law requires to be treated or provided in a public facility. 6. The purchase or fitting of eye glasses or contact lens or advice on their care is limited to the ini- tial set of eye glasses, contact lens, or lens implant required following cataract surgery, repair of congenital defect or as required by an accidental injury to you. Coverage for reconstructive surgery is limited to surgery necessary to repair a functional disor- der resulting from disease, injury (except Congenital defect); Congenital defect reconstructive surgery will be covered. Supply or replacement of internal breast prosthesis is covered only if ini- tial surgery was a result of injury or disease. POS-SCH9-92 21 8. Coverage for treatment of the temporomandibular (jaw or craniomandibular) joint is limited to Medically Necessary diagnostic services and/or surgical treatment as determined to be Medically Necessary. Charges related to dental services for this condition are not covered. 9. If Medically Necessary and authorized by HMHIC, HMHIC will cover kidney transplants, corneal transplants, liver transplants for children with congenital biliary atresia, and bone marrow trans- plants for Aplastic Anemia; Leukemia; Lymphoma; Severe Combined immunodeficiency Disease; or Waistcoat-Aldrich Syndrome where traditional modalities of traditional medical therapy have been exhausted. Medical costs for organ procurement associated with the removal of an organ for a covered transplant when the recipient is a Covered Person are limited to a maximum benefit of $10,000.00. Charges related to organ, tissue, or artificial organ transplants except as other- wise specified in this section are excluded. The donor's transportation costs are not covered. Services provided to any Covered Person for the donation of any organ or element of the body are not covered. 10. Benefits for grandchildren will be provided only if the child is considered to be a dependent of the Subscriber for Federal income tax purposes, and upon payment of the applicable premium. 11. "Pre-existing Conditions" means any medical condition treated or diagnosed within the six (6) months immediately preceding your effective date of coverage under this Agreement. A medical condition has been "diagnosed" if its existence has been identified or recognized by a Physician or other Health Professional. A medical condition has been "treated" if any services of a Physician or other Health Professional have been received with respect thereto, including but not limited to office visits or consultations, hospital treatment, laboratory services, X-rays or the dis- pensing of prescription medication or refills. Additional exclusions or limitations, if any, applicable under the policy with respect to a disease or physical condition of a person, not otherwise excluded from the person's coverage by name of specific description effective on the date of the person's loss, which existed prior to the effective date of the person's coverage. In no event shall the limitation of 50% additional Copayment apply to cost of treatment (which shall include all applicable Copayment as specified in the Schedule of Benefits) commencing after the earlier of: (a) the end of a continuous period of twelve (12) months commencing on or after the effective date of the person's coverage during all of which the person has received no medical advice or treatment in connection with such disease or physi- cal condition; and (b) the end of the two (2) year period commencing on the effective date of the person's coverage. The maximum amount of additional Copayment for a Pre-existing Condition during the period of either one year or two year regardless of treatment, will not exceed $2,000.00 for any such Covered Person or Dependent, or $4,000.00 total for such Covered Person and his Dependents. POS-SCH9-92 22 The following services and supplies, and the cost hereof, are excluded from coverage under this Agreement, unless specifically added by Rider to this Schedule of Benefits. Charges for services covered or provided under the Harris HMO Contract; including Emergency Care Services (as defined by Harris HMO). 2. Charges related to any service or treatment which a Covered Person would not be legally required to pay. 3. Charges related to personal, convenience or comfort items such as personal kits provided on admission to a hospital, television, telephone, newborn infant photographs, guest meals, birth announcements, and other related articles which are not for the specific treatment of illness or injury. 4. Charges related to transportation, except charges related to land and air ambulance services for Medically Necessary Emergency Care Services described in Section XI of this Agreement. 5. Charges related to private hospital room and/or private duty nursing unless determined to be medically necessary and authorized by HMHIC Utilization Review. 6. Charges related to services rendered by a person who resides in the Covered Person's home, or by an immediate relative of the Covered Person. Charges related to services for military or service connected conditions for which the Covered Person is legally entitled, and for which appropriate facilities are reasonably available to the Covered Person. 8. Charges related to occupational injury or illness or conditions covered under Worker's Compensation or similar law. 9. Charges for health care services primarily for rest, custodial, respite, domiciliary, or convalescent care. 10. Charges related to reports, evaluations, or physical examinations not required for health reasons (not Medically Necessary). Excluded items are: reports for employment, insurance, camp, adop- tion, travel, or government licenses. 11. Charges related to drugs or medicines, prescription or non-prescription, provided to the Covered Person while he or she is not an inpatient, unless specifically provided by a Rider to this Schedule of Benefits. 12. Charges related to experimental drugs or substances not approved by the FDA for other than FDA approved indications; and drugs labeled "Caution - limited by Federal Law to investigational use." 13. Charges related to formulas, dietary supplements, or special diets provided to the Covered Person on an outpatient basis. 14. Charges related to vision care. Excluded services are: examination for eye glasses; refraction, dis- pensing, or fitting of eye glass frames and lenses; all types of contact lens; eye exercise and visu- al training; and orthoptics; except as otherwise specified in Section XVIII, Number 6 of this POS-SCH9-92 23 Schedule of Benefits. 15. Charges related to radial keratotomy or other radial keratoplasties, and all costs associated with such surgery. 16. Charges related to hearing aids, batteries, and examinations for fitting thereof unless added by Rider to this Schedule of Benefits. 17. Charges related to the care and treatment of the feet unless such services are Medically Necessary. Exclusions include routine foot care, such as removal of corns, calluses, or the trim- ming of nails; treatment for flat feet; orthotics; arch supports; or custom fitted braces and splints. 18. Charges related to dental care, except as otherwise specified in Section XVI of this Schedule of Benefits, including services related to the care, fillings, removal, or replacement of teeth; treat- ment of diseases of the teeth or gums; extraction of wisdom teeth; malocclusion or malposition of the teeth and jaws (mandibular hyperplasia/hypoplasia); professional services or anesthesia related to or required for the sole purpose to provide dental care; hospital care; inpatient or out- patient surgery required for any dental care; prescription drugs for dental treatment; dental x- rays; dentures; and dental appliances or prostheses. 19. Charges related to surgical procedures and other treatment associated with the treatment of obe- sity, regardless of associated medical or psychological conditions, including treatment of a com- plication of surgical treatment for obesity. Excluded procedures are: intestinal or stomach bypass surgery, gastric stapling, wiring of the jaw, insertion of gastric balloons, or similar procedures. 20. Charges related to transsexual surgery, including medical or psychological counseling or hor- monal therapy, in preparation for or subsequent to any such surgery. 21. Charges related to services for cosmetic surgery or reconstructive surgery, except as otherwise specified as covered in this Schedule of Benefits. Cosmetic surgery exclusions are: rhinoplasty; scar revisions; prosthetic penile implants; surgical revision or reformation of any sagging skin on any part of the body, described as relating to the eye lids, face, neck, abdomen, arms, legs or but- tocks; liposuction procedures; any services performed in connection with the enlargement, reduction, implantation or appearance of any portion of the body described as the breast, face, lips, jaw, chin, nose, ears, or gentiles; hair transplantation; chemical face peels or abrasions of the skin; removal of tatoos; and electrolysis depilation. Supply or replacement of internal breast prosthesis is covered only if initial surgery was a result of injury or disease. 22. Charges related to reduction mammoplasty, unless determined to be Medically Necessary by the HMHIC Medical Director of his designee. 23. Charges related to reversal of surgically performed sterilization or subsequent resterilization. 24. Charges related to surrogate parenting; GIFT procedures; and any costs associated with the col- lection or storage of sperm for artificial insemination including donor fees; and infertility medica- tions unless specifically provided by a Rider to this Schedule of Benefits. 25. Charges related to amniocentesis, ultrasound, or any other procedure preformed solely for sex determination of the fetus. POS-SCH9-92 24 26. Charges related to mental health services for psychiatric conditions which are determined by the HMHIC to be not Medically Necessary in nature and beyond the maximum days allowed by HMHIC. 27. Charges related to court ordered testing, and special reports not directly related to medical treatment. 28. Charges related to services for the treatment of mental retardation and mental deficiency 29. Charges related to employment, vocational, or marriage counseling; behavioral training; remedial education, including evaluation and treatment of learning and developmental disabilities and min- imal brain dysfunction; or attention deficit therapy. 30. Charges related to services for chronic intractable pain provided by a pain control center; acupuncture, naturopathy, and hypnotherapy; holistic or homeopathic care, including drugs; and ecological or environmental medicine. 31. Charges related to durable medical equipment, unless described in this Schedule of Benefits. Excluded items are: (a) deluxe equipment, such as motor driven wheel chairs and beds, possess- ing features of an aesthetic nature or features of a medical nature which are not required by the patient's condition; (b) items not primarily medical in nature or for the patient's comfort and con- venience, such as bed boards, bathtub lifts, over-bed tables, adjust-a-bed, and telephone arms; (c) physician's equipment such as stethoscope and sphygmomanometer; (d) exercise equipment such as exercycles and enrollment in health or athletic clubs; (e) self-help devices not primarily medical in nature, such as sauna or whirlpool baths, chairs, and elevators; (f) corrective orthope- dic shoes and arch supports; (g) supplies or equipment for common household use, such as but not limited to, air purifiers, central or unit air conditioners, water purifiers, allergenic pillows or mattresses, and water beds; and (h) research equipment or items deemed to be experimental as determined by the HMHIC. HMHIC shall have no liability or responsibility for repair or replace- ment of equipment lost or damaged. 32. Charges related to prosthetic medical appliances, except as specified in Section XIV of this Schedule of Benefits. Excluded items include: (a) dentures, hearing aids unless specifically pro- vided by a Rider, and contact lens; (b) medical supplies such as elastic stockings, garter belts, arch supports, corsets, and corrective orthopedic shoes; (c) research devices or items deemed to be experimental as determined by HMHIC; and (d) replacement, repair, and routine maintenance of covered appliances or braces unless surgically implanted, or replacement required due to a marked change in physical growth or physical requirements. 33. Charges related to medical supplies, aids, and appliances except as otherwise specified as cov- ered in this Schedule of Benefits. Excluded items are: consumables, disposable supplies, sheaths, bags, gloves, cervical collars, elastic stockings, stethoscopes, blood pressure units, traction apparatus, slings, TENS units or electrical nerve stimulation devices, wigs or hair pieces, dressings, testing supplies, syringes, home testing kits, disposable diapers or incontinent sup- plies, and over-the-counter medications. 34. Charges related to inpatient or outpatient long-term neuromuscular, or occupational therapy ser- vices or other rehabilitation services in excess of sixty (60) visits per twelve (12) month period, per condition, are not a covered benefit. 35. Charges related to recreational, educational, or sleep therapy, and any related diagnostic testing, except as provided by the hospital as part of an approved inpatient hospitalization. POS-SCH9-92 25 36. Charges related to structural changes to a house or vehicle. 37. Charges related to any medical, surgical, or health care procedure or treatment held to be experi- mental or investigational at the time the procedure or treatment is performed. HMHIC will utilize findings and assessments of national medical associations, professional societies and organiza- tions, and any appropriate technological body established by any state or federal government or similar entities to determine coverage and/or effectiveness. 38. Charges exceeding the Reasonable and Customary amounts as determined by HMHIC. POS-SCH9-92 26 PRESCRIPTION DRUG RIDER FOR USE ONLY WITH HMHIC HEALTH CARE AGREEMENT 1.0 2.0 INTRODUCTION In consideration for the timely payment of premiums, and all other terms and conditions of the Group Health Care Agreement, and/or Certificate of Insurance, it is agreed that the benefits of this Rider, together with the terms and conditions of this Rider, shall be added to Agreement as issued if this Rider is accepted by the Group. DEFINITIONS Benefits for outpatient prescription drugs provided through this Rider shall be subject to the pro- visions and definitions of Agreement to which this Rider is a part. In addition, for the purpose of this Rider, the following definition shall apply: Prescription Drugs shall mean only those drugs and medicines which are prescribed by a Physician and legally require the written prescription of a Physician before it can be obtained by the Covered Person. 3.0 BENEFITS Benefits limitation and Covered Person cost shall be as follows: 30% Copayment by Covered Person COVERED ITEMS Federal Legend Drugs and compounds requiring a prescription (including insulin), except those specifically excluded. Generic Substitutions are covered. EXCLUSIONS (1) IUD Devices (2) Therapeutic or Prosthetic devices, except those dispensed by durable medical provider (3) Appliances, Supports or other non-medical products (4) Medical Supplies except those listed as covered items (5) Contraceptive devices excluding Oral contraceptives (6) Insulin syringes and miscellaneous diabetic supplies, including urine and blood glucose strips (7) Injectable Medications, other than insulin (8) Blood, Blood Plasma and Blood Products, except those dispensed by outpatient facility (9) Experimental Drugs (10) Immunization Agents, except those dispensed in the physician's office (11) Fertility Medications (12) Drugs not requiring a prescription (OTC, Vitamins, Cough Syrup, etc.) (13) Drugs to be consumed in an inpatient or other institutional care setting (14) Nicorette gum POS-SCH9-92 27 (15) Drugs requiring parenteral use or subcutaneous use (16) Charges for cost difference in a brand name product when generic drugs are prescribed or permitted by physician (17) Nutritional or dietary supplement, or formulas other than prescription required vitamins (PKU formula, including other heritable diseases are covered as other prescription drugs) (18) Medications dispensed by physician offices (19) Prescription Drugs for cosmetic conditions not covered in the Schedule of Benefits (such as Retin-A, Minoxidil, etc.) COVERED QUANTITIES As prescribed, up to a maximum of a 30 day supply for each covered prescription or refill. Prescriptions shall not be refilled until approximately 75% of the previously dispensed quantity has been consumed, based on dosage instructions of the physician. Covered Person must pay in full for any amounts exceeding covered quantities, including lost or misplaced medications. COVERED REFILLS A maximum of five (5) refills per prescription shall be covered if allowed by law and authorized by Physician, provided such refills are dispensed within six (6) months of the initial prescription date. 4.0 ELIGIBILITY Benefits under this Rider are available to the Employee and his Dependents (Covered Persons) as identified in Agreement. Benefits provide no conversion privileges or benefit continuity for Covered Persons when such persons are no longer entitled to Group benefits as set forth in Agreement to which this Rider is issued. POS-SCH9-92 28 HARRIS HEALTH PLAN, INC. 1300 Summit Avenue Fort Worth, TX 76102 (817) 878-5830 1-800-633-8598 GROUP ENROLLMENT AGREEMENT Application is hereby made to Harris Health Plan, Inc., hereinafter called "Harris Health" by the Applicant named below, hereinafter called "Group" for the purpose of making available to Eligible Persons and their Eligible Dependents under a Group Health Care Agreement/ Subscriber Certificate of Coverage, hereinafter called "Agreement" issued by Harris Health, certain prepaid health care services and benefits. The arrangement of the provisions of such services and benefits shall be the subject of the Agreement between Harris Health and Group and shall be based on the statements and representations contained in this Group Enrollment Agreement, a copy of which shall be incorporated by reference and made a part of the Agreement. 1.0 GROUP Group Name: City of Denton Address: 324 East McKinney City: Denton State: TX Zip Code: 76201 2.0 GROUP EFFECTIVE DATE This Group Enrollment Agreement shall be effective 12:01 A.M., Central Time, on the let day of January 1994. 3.0 ELIGIBILITY Any person or his/her dependents who meet the eligibility requirements for coverage under the Group's Alternative Health Benefits Plan shall be eligible for coverage under Agreement as specified in Section 3.1 and Section 3.2 of Agreement. A. Rules of eligibility: Per the written eligibility guidelines provided by the City of 4.0 HEALTH CARE SERVICES (BENEFITS) AND COPAYMENTS Eligible Persons and Eligible Dependents of Group are entitled to Health Care Services and Benefits as follows: A. Basic Health Care Services: X Covered - Basic Health Care Services as described in the schedule of Benefits. B. Prescription Drug: X Accepted Not Accepted 5.0 COVERAGE BASIS X Contributory Non-Contributory 6.0 SCHEDULE OF RATES Total Monthly Rate Active Employee Only $217.80 Employee + Spouse $337.59 Employee + Child(ren) $291.85 Employee + Family $368.08 Retirees Under 65 Retiree only $295.03 Retiree and Spouse $568.47 Retiree and Child(ren) $459.69 Retiree and Family $698.43 Retirees 65 or over (Medicare serves as Primar Retiree Only $108.90 2 on Medicare $217.80 1 on, off $444.31 1 on, 1 off + Family $644.25 2 on + Family $425.21 Group Enrollment Agreement shall be automatically renewed at the end of each Contract period unless terminated by Harris Health or Group as provided in Agreement. The first Contract period shall commence as of the Group Effective Date and will remain in effect for twelve (12) consecutive months unless terminated before this date by Harris Health or Group. IN WITNESS WHEREOF, the undersigned have caused the Group Enrollment Agreement to be executed on the 0~ly day of~~ City of Denton Group By: Authorized Title:_ Address: Denton TX 76201 Telephones HARRIS HEALTH LAN, INC. By. Title:Senior Vice President/Managed Care Marketing C:CONTRACT.lyaP51 AE: Harris Methodist Health Plan M GROUP HEALTH CARE AGREEMENT/ SUBSCRIBER CERTIFICATE OF COVERAGE HARRIS HEALTH PLAN, INC. 1300 Summit Avenue, Suite 300 Fort Worth, Texas 76102 817/878-5826 1-800/633-8598 GA-992 Harris Health Plan, Inc. Health Maintenance Organization 1300 Summit Avenue, Suite 300 Fort Worth, Texas 76102 IMPORTANT NOTICE To obtain information or make a complaint: You may call Harris Health Plan, Inc.'s toll-free telephone number for information or to make a complaint at: 1-800-633-8598 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 FAX (512) 475-1771 ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANTE Para obtener information o para someter una queja: Usted puede Ilamar al numero de telefono gratis de Harris Health Plan, Inc. para informacion o para someter una queja al: 1-800-633-8598 Puede comunicarse con el Departmento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departmento de Seguros de Texas P.O. Box 149104 Austin, TX 78714-9104 FAX # (512) 475-1771 UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condition del documento adjunto. TABLE OF CONTENTS Page Page 1.0 General Definitions 2 8.0 Independent Agents/Refusal to Accept 18 2.0 Group and Affiliated Organizations 6 2.1 Organizations Included Under This Agreement 6 2.2 Change of Affiliated Organizations 6 3.0 Eligibility and Effective Date 6 3.1 Eligible Persons 6 3.2 Eligible Dependents 6 3.3 Change in Group Eligibility Criteria 7 3.4 Effective Date for Eligible Persons 7 3.5 Effective Date for Eligible Dependents 7 3.6 Persons Not Eligible for Coverage 8 3.7 Conditions of Eligibility 8 3.8 Notification of Ineligibility 8 3.9 Clerical Error 8 4.0 Group and Member Termination, Continuation of Benefits and Conversion 8 4.1 Termination of Group 8 4.2 Termination of Member - For Cause 9 4.3 Termination of Meniber - Other Than for Cause 10 4.4 Liability Upon Termination .10 4.5 Continuation of Coverage .10 4.6 Conversion Privilege .11 5.0 Payment Requirements .11 5.1 Premium Payments .11 5.2 Notification by Group .12 5.3 Cbpayments .12 6.0 Claim Provisions .13 6.1 Charges Paid by Members ..13 6.2 Medical Emergency ..13 6.3 Action on Claim ..13 6.4 Examination of Member ..13 6.5 Limitation Provisions ..13 7.0 Coordinationand Subrogation of Benefits ..14 7.1 Definitions ..14 7.2 Determination of Benefits ..14 7.3 Order of Benefit Determination ..15 7.4 Medicare ..16 7.5 Right to Receive and Release Information ...17 7.6 Facility of Payment ...17 7.7 Right of Recovery ...17 7.6 Disclosure ...18 7.9 Subrogation ...18 Treatment 8.1 Independent Agents .....18 8.2 Limitation on Liability .....19 8.3 Refusal to Accept Treatment/Excessive Treatment .....19 9.0 Exclusions on Service Responsibilities .....19 9.1 Major Disaster or Epidemic .....19 9.2 Circumstances Beyond Control ......20 9.3 Fraudulently Obtained Benefits ......20 9.4 Discontinuance ......20 10.0 Member Complaint Resolution Procedure ......20 10.1 Complaint Resolution Process .....20 10.2 Complaint Resolution Appeal Process ......21 11.0 Health Care Services .....21 11.1 Benefits and Services ......21 12.0 Term and Amendment of Agreement .......22 12.1 Term .......22 12.2 Amendment .......22 12.3 Change of Rates .......22 13.0 Miscellaneous Provisions .......22 13.1 Use of Words .......22 13.2 Records and Information .......22 13.3 Information from Group .......22 13.4 Assignment .......23 13.5 Authority ........23 13.6 Governing Law ........23 13.7 Incorporation by Reference ........23 13.8 Entire Agreement ........23 13.9 Information to Member ........23 13.10 Uniform Rules ........23 13.11 Calculation of Time ........23 13.12 Evidence ........23 13.13 Severability ........23 13.14 Venue ........24 13.15 Waiver of Notice .........24 13.16 Headings .........24 13.17 Notice of Certain Events .........24 13.18 Notice of Termination .........24 13.19 Notice .........24 Attachment A Service Area Map and Description 1 Section 1.0 GENERAL DEFINITIONS 1. ACTIVELY AT WORK shall mean that the eligible employee must be performing the usual and cus- tomary duties of his regular employment during his usual working hours on his effective date of coverage; provided, however that if the eligible employee is absent from work due to vacation, holiday, jury duty, or other similar circumstances, not caused by injury or illness, such employee shall be considered actively at work. 2. ACUTE shall mean a condition of sudden onset or severe symptomatology which mandates imme- diate intervention. 3. AGREEMENT shall mean this Group Health Care Agreement/Subscriber Certificate of Coverage, Group. Enrollment Agreement, Applications, all Attachments, Riders, Amendments hereto, if any. 4. ALLIED HEALTH PROFESSIONAL shall mean a dentist, nurse, audiologist, optometrist, physician's assistant, clinical psychologist, pharmacist, nutritionist, physical therapist, speech language pathologist, dietician, podiatrist, certified social worker (advanced clinical practitioner) and other professionals engaged in the delivery of health services who are licensed, practice under an insti- tutional license, are certified, or practice under the authority of a Physician or legally constituted professional association, or other authority consistent with the laws of the State of Texas. 5. ALTERNATIVE HEALTH BENEFIT PLAN shall mean the plan which the Group designates as the alternative to this Agreement. 6. APPLICATION shall mean the form prescribed by Harris Health which each Eligible Person shall on his/her own behalf and or, behalf of his/her Eligible Dependents, be required to complete and submit to Harris Health for the purpose of enrolling himself/herself and such dependents for cover- age hereunder. 7. CHEMICAL DEPENDENCY, means the abuse of or psychological or physical dependence on or addiction to alcohol or a controlled substance. 8. CHEMICAL DEPENDENCE TREATMENT CENTER shall mean a facility which provides a program for the treatment of chemical dependence pursuant to a written treatment plan approved and monitored by a physician and which facility is also: a. affiliated with a hospital under a contract agreement with an established system for patient referral; or b. accredited as such a facility by the Joint Commission on Accreditation of Health Care Organi- zations; or c. licensed as a chemical dependency treatment program by the Texas Commission on Alcohol and Drug Abuse; or d. licensed, certified, or approved as a chemical dependency treatment program or center by any other state agency having legal authority to so license, certify or approve. 9. COMPLICATIONS OF PREGNANCY shall mean those conditions, requiring hospital confinement (when the pregnancy is not terminated), whose diagnoses are distinct from pregnancy but are adversely affected by pregnancy or caused by pregnancy, such as acute nephritis, nephrosis, cardiac decompensation, missed abortion, and similar medical and surgical conditions of compa- rable severity. Complications or pregnancy shall not include false labor, occasional spotting, physi- cian prescribed rest during the period of pregnancy, morning sickness, hyperemesis gravidarum, pre-eclampsia, and similar conditions associated with the management of a difficult pregnancy not constituting a nosologically distinct complication of pregnancy; non-elective cesarean section, ter- mination of ectopic pregnancy, or spontaneous termination of pregnancy occurring during a period of gestation in which a viable birth is not possible. 10. CONTRACT YEAR shall mean the period of twelve (12) months commencing on the Group Effec- tive Date and each twelve (12) month period thereafter, unless otherwise terminated as hereinafter provided. 11. CONTROLLED SUBSTANCE shall mean a toxic inhalant or a substance designated as a con- trolled substance in the Chapter 481, Health and Safety Code. 12. COPAYMENT shall mean the fee as set forth in the Schedule of Benefits which is not covered by premiums payable hereunder, and which must be paid by Members directly to the person or entity providing the service when the service as set forth in the Schedule of Benefits is received. 13. COURSE OF TREATMENT shall mean that period of time represented by an inpatient hospital admission and related discharge during which time treatment has been received by a Member or that period of time authorized by a Participating Physician and/or Harris Health as necessary to complete a cycle of treatment and subsequently provide a medical release to.the Member. 14. CRISIS STABILIZATION UNIT shall mean a twenty-four (24) hour residential program, licensed by Texas Department of Mental Health and Mental Retardation, that is usually short-term in nature and that provides intensive supervision and highly structured activities to persons who are demon- strating an acute demonstrable psychiatric crisis of moderate to severe proportions. 15. CUSTODIAL CARE shall mean 1) that care which is marked by or given to watching and protect- ing rather than seeking to cure; or 2) care which is not a necessary part of medical treatment or recovery; or 3) care comprised of services and supplies that are primarily provided to assist in the activities of daily living. 16. DEPENDENT shall mean an Eligible Dependent who has satisfied the eligibility and participation requirements specified in this Agreement. 17. DOMICILIARY CARE shall mean that care provided for persons so disabled or infirm as to be unable to live independently. 18. EFFECTIVE DATE shall mean the effective date of coverage for Eligible Persons and Eligible Dependents pursuant to the terms of this Agreement. 19. ELIGIBLE DEPENDENT shall mean an individual as defined in Section 3.2 of this Agreement. 20. ELIGIBLE PERSON shall mean an individual as defined in Section 3.1 of this Agreement. 21. EMERGENCY CARE shall mean bona fide emergency services provided after the sudden onset of a medical condition manifesting itself by acute symptoms of sufficient severity, including severe pain, such that the absence of immediate medical attention could reasonably be expected to result in placing the patient's health in serious jeopardy; serious impairment to bodily functions; or serious dysfunction to any bodily organ or part. 22. EVIDENCE OF INSURABILITY shall mean that an Eligible Person or Eligible Dependent verifies that they were enrolled for the preceeding twelve (12) months in a group or individual plan provid- ing benefits for medical, surgical and hospital expenses; and completes the Evidence of Insurabil- ity form and provides timely any additional documentation of health status as required by Harris Health. Such information shall be reviewed by Harris Health and the Eligible Person or Eligible Dependent shall be notified regarding their eligibility for participation in Harris Health. 23. EXCLUSION shall mean those specific conditions or causes for which coverage by Harris Health is entirely excluded. 24. FDA shall mean the Food and Drug Administration, an agency of the United States government. 25. GROUP shall mean collectively the contracting employer and all affiliated organizations of the employer as set forth in Attachment A annexed hereto and made a part hereof, to which this Agreement is issued and through which as agent for Subscriber and not for Harris Health, Sub- scriber and Dependents become entitled to the benefits as set forth in the Schedule of Benefits. 26. GROUP EFFECTIVE DATE shall mean the date specified as such in the Group Enrollment Agreement. 27. GROUP ENROLLMENT AGREEMENT shall mean that agreement which is executed between Har- ris Health and Group for the purpose of making available to Eligible Persons and Eligible Depen- dentsof Group those benefits and services which are described in the Group Health Care Agreement/ Subscriber Certificate of Coverage. Such Group Enrollment Agreement shall identify the Group, Group Effective Date, eligibility requirements, rates, and covered benefits. 28. HARRIS HEALTH shall mean Harris Health Plan, Inc., a Texas not-for-profit corporation organized as a Health Maintenance Organization (HMO) and licensed by the Texas Department of Insurance. 29. HEALTH PLAN shall mean the Health Maintenance Organization operated by Harris Health d/b/a. Harris Methodist Health Plan. 30. HOSPITAL shall mean an institution licensed by the State of Texas and which is (1) primarily engaged in providing diagnostic, medical and surgical facilities for the care and treatment of injured or sick persons, (2) operated under the medical supervision of a staff of legally qualified and licensed physicians, (3) provides twenty-four (24) hour-a-day nursing service by or under the direct supervision of a Registered Nurse (R.N.), (4) provides for overnight care of patients, (5) maintains clerical and ancillary services necessary for the treatment of medical and surgical patients including but not limited to laboratory, X-ray, dietary and medical records library. In no event shall the term "hospital" include a convalescent nursing home or any institution or part thereof which is used principally as a convalescent facility, rest facility, nursing facility, facility for the aged, extended care facility, intermediate care facility, skilled nursing facility or facility primarily for rehabilitative services; the term hospital shall, pursuant to Chapter 3, Texas Insurance Code, Article 3.72 include treatment in a residential treatment center for children and adolescents and treatment provided by a crisis stabilization unit. 31. INDIVIDUAL TREATMENT PLAN shall mean a treatment plan with specific attainab;e goals and objectives appropriate to both the patient and the treatment modality of the program. 32. KIDNEY DIALYSIS CENTER shall mean any facility licensed by the State of Texas, approved by Medicare to provide outpatient services and/or instruction in home kidney dialysis treatments arid, which has contracted with Harris Health to provide care to Members. 33. MEDICAL DIRECTOR shall mean the licensed Physician designated by Harris Health and/or such other Physicians as the Medical Director may designate with the prior approval of Harris Health. Such physician Shall be responsible for supervising the delivery of medical services to Members and for monitoring the quality of medical care rendered to Members. 34. MEDICAL EMERGENCY shall mean a medical condition so classified by the medical director and which manifests itself by acute symptoms of sufficient severity (including severe pain) such that the absence of immediate medical attention could reasonably be expected to result in (a) placing the patient's health in serious jeopardy; or (b) serious impairment to bodily functions; or (c) serious dysfunction to any bodily organ or part. Examples of conditions which do not usually constitute medical emergencies are colds, influenzas, ordinary sprains, children's ear infections, or nausea and headaches. Heart attacks, cardiovascular accidents, poisonings, loss of consciousness or respiration, convulsions, severe bleeding or broken bones are examples of true medical emergencies. 35. MEDICALLY NECESSARY shall mean services or supplies which are (1) provided for the diagno- sis or care and treatment of a medical condition; (2) appropriate and necessary for the symptoms, diagnosis or treatment of a medical condition; (3) generally acceptable medical practice; (4) per- formed in the most cost effective and efficient manner appropriate to treat the plan Members medical condition; and (5) provided in accordance with accepted medical standards and Harris Health requirements as approved by the Health Plan's review committees for professional and technical practices and the Health Plan Medical Director. 36. MEDICARE shall mean Part A and Part B of Title XVIII of the Social Security Act and any amend- ments or regulations thereunder. 37. MEMBER shall mean any Subscriber and/or Dependent. 38. MEMBER HOSPITAL shall mean any Hospital which has contracted with Harris Health to provide to Members the services as set forth in the Schedule of Benefits and described in this Agreement. 39. NON-MEMBER HOSPITAL shall mean any Hospital which has not contracted with Harris Health to provide to Members the services as set forth in the Schedule of Benefits and described in this Agreement. 40. MINOR EMERGENCY CENTER shall mean any licensed facility, not including a Hospital, which provides Physician services for the immediate treatment only of an injury or disease. 41. NON-PARTICIPATING PHYSICIAN shall mean a Physician who is not a Participating Physician and to whom a Member is referred for consultation or treatment by a Participating Physician only with prior written approval of Harris Health unless there is a Medical Emergency and a Participating Physician is not available. 42. NON-PARTICIPATING PROVIDER shall mean any Physician, Hospital, Allied Health Professional, Home Health Agency, Laboratory, Minor Emergency Center, Residential Treatment Facility, Chemi- cal Dependency Treatment Center, or other licensed healthcare professional or other provider or entity which has not contracted with Harris Health to provide to Members the services as set forth in the Schedule of Benefits and described in this Agreement. 43. OPEN ENROLLMENT PERIOD shall mean a period of at least thirty (30) days during each twelve (12) consecutive months when Eligible Persons may elect to change from the Alternative Health Benefit Plan to Harris Health or from Harris Health to the Alternative Health Benefit Plan. 44. PARTICIPATING PHYSICIAN shall mean any Physician who has contracted with Harris Health to provide to Members the services as set forth in the Schedule of Benefits and described in this Agreement. 45. PARTICIPATING PROVIDER shall mean any Physician, Hospital, Allied Health Professional, Home Health Agency, Laboratory, Minor Emergency Center, Chemical Dependency Treatment Center, Psychiatric Day Treatment facility or other provider or entity which has contracted with Harris Health to provide to Members the services as set forth in the Schedule of Benefits and described in this Agreement. 46. PSYCHIATRIC DAY TREATMENT FACILITY shall mean a mental health facility which provides treatment for individuals suffering from acute mental and nervous disorders in a structured psychi- atric program utilizing individualized treatment plans with specific attainable goals and objectives appropriate both to the patient and the treatment modality of the program and that is clinically supervised by a Physician who is certified in Psychiatry by the American Board of Psychiatry and Neurology. The facility shall be licensed by the State of Texas, accredited by the Program for Psy- chiatric Facilities, or its successor, of the Joint Commission on Accreditation of Health Care Orga- nizations, and shall have contracted with Harris to provide to Members the mental health services as set forth in the Schedule of Benefits and described in this Agreement. 47. PHYSICIAN shall mean any individual (other than a hospital resident or intern) who is fully licensed and qualified to practice within the scope of the license under the law of the jurisdiction in which treatment is received. 48. -PRIMARY PHYSICIAN shall mean, with respect to each Member, those Participating Physicians who are designated by Harris Health and identified in writing to Members as Physicians having primary responsibility for coordinating such Member's medical care, providing initial and primary care to Members, maintaining the continuity of such Members care and initiating referrals for spe- cialist care. 49. RESIDENTIAL TREATMENT CENTER FOR CHILDREN AND ADOLESCENTS shall mean a child- care institution that provides residential care and treatment for emotionally disturbed children and adolescents, licensed by Texas Department of Mental Health and Mental Retardation, and that is accredited as a residential- treatment center by the Council on Accreditation, the Joint Commission on Accreditation of Health Care Organizations or the American Association of Psychiatric Services for Children. 50. RIDER shall mean a Schedule provided with this Agreement, and made a part hereof, which sets forth additional benefits and services made available by Harris Health by amending this Schedule of Benefits. 51. SCHEDULE OF BENEFITS shall mean the schedule which sets forth the benefits and services that Harris Health shall make available to Members. 52. SEMI-PRIVATE shall mean the charge made by a Member Hospital for a room containing two (2) or more beds. 53. SERVICE AREA shall mean the geographic area as set forth and annexed hereto as Attachment A. 54. SHORT TERM shall mean a course of treatment lasting thirty (30) days or less. 55. SPECIALIST PHYSICIAN shall mean any Physician who has contracted with Harris Health to pro- vide specialist care to Members upon referral of a Primary Physician or upon referral of another Specialist Physician with the concurrence of the responsible Primary Physician. 56. SKILLED NURSING FACILITY shall mean an institution or part thereof, licensed by state or local law, that is accredited as an Extended Care Facility by the Joint Commission on Accreditation of Health Care Organizations, or is recognized as a Skilled Nursing Facility by the Department of Health and Human Services under Title XVIII of the Social Security Act (Medicare), as amended. 57. SUBSCRIBER shall mean an Eligible Person who has satisfied the eligibility and participation requirements specified in this Agreement. 58. TOXIC INHALANT means a volatile chemical under Chapter 484, Health and Safety Code, or abusable glue or aerosol paint under Section 485.001, Health and Safety Code. 59. USUAL, CUSTOMARY, AND REASONABLE CHARGES shall mean the charge is (1) the fee charged by a provider in normal practice for a given service; (2) within the range of usual charges by providers for the same service in the geographic area where services are provided to a Mem- ber; and (3) reasonable when taking into consideration any unusual circumstances or medical complications requiring additional time, skill and experience in providing a specific treatment or service. Section 2.0 GROUP AND AFFILIATED ORGANIZATIONS 2.1 ORGANIZATIONS INCLUDED UNDER THIS AGREEMENT The Group and its affiliated organizations are included under this Agreement. Affiliated organi- zations include all those organizations which are subsidiary to or affiliated with the Group and located within the Service Area of Harris Health. 2.2 CHANGE OF AFFILIATED ORGANIZATIONS The Group shall notify Harris Health, in writing, when an affiliated organization ceases to be a subsidiary of, or affiliated with, the Group. When an organization ceases to be a subsidiary of, or affili- ated with, the Group, it shall cease to be an included organization. Therefore, this Agreement shall ter- minate on the date of such cessation with respect to all Eligible Persons of that organization, except for those persons who on the next day are employees of another affiliated organization and thus Eligible Persons under this Agreement. Section 3.0 ELIGIBILITY AND EFFECTIVE DATE 3.1 ELIGIBLE PERSONS To be eligible to enroll as a Subscriber, a person must reside in the Service Area and be an Eli- gible Person as follows: • In the employment of the Group or a bona fide Member of the Group, and/or • Eligible under the eligibility criteria established by the Group; and • Entitled on his or her behalf to participate in the medical and hospital care benefits arranged by the Group. 3.2 ELIGIBLE DEPENDENTS To be eligible to enroll as a Dependent, a person must reside in the Service Area and be: • The legal spouse of a Subscriber; • A dependent unmarried natural child, foster child, stepchild, legally adopted child or child under Subscriber's court appointed legal guardianship, residing with Subscriber or with Sub- scribers present or former spouse in the Service Area who is (a) under nineteen (19) years of age, or (b) under twenty-five (25) years of age and primarily dependent on the Subscriber for financial support and attending an accredited college or university, trade or secondary school on a full-time basis, which has, in writing, verified said attendance or; A dependent unmarried natural child, foster child, stepchild, legally adopted child, or child under Subscriber's court appointed legal guardianship, residing with Subscriber or with Sub- scriber's present or former spouse in the Service area who is nineteen (19) years of age or older but incapable of self-sustaining employment because of mental retardation or physical handicap which commenced prior to age nineteen (19) (or commenced prior to age twenty- five (25) if such child was attending a recognized college or university, trade or secondary school on a full-time basis when such incapacity occurred), and primarily dependent upon the Subscriber for support and maintenance. Such dependent child must have been a Member either prior to attaining nineteen (19) years of age or twenty-five (25) years of age under the conditions of the previous sentence. Sub- scriber shall furnish Harris Health proof of such incapacity and dependency within thirty-one (31) days before the dependent child's attainment of the limiting age and from time to time thereafter as Harris Health deems appropriate, but not more frequently than annually. Maternity care benefits will be extended to an unmarried Dependent Child. If coverage is provided to the Dependent of the Subscriber, upon payment of the premium, benefits must be provided for any children of the Dependent if those children are Dependents of the Sub- scriber for federal income tax purposes. 3.3 CHANGE IN GROUP ELIGIBILITY CRITERIA Requirements as defined by the Group for determining the eligibility for participating in Harris Health are material to the execution of this Agreement by Harris Health. During the tern of this Agree- ment no change in the Group definition of eligibility for participation shall be permitted to affect eligibil- ity or enrollment under this Agreement in any manner unless such change is approved in advance by mutual written agreement between Group and Harris Health. 3.4 EFFECTIVE DATE FOR ELIGIBLE PERSONS 3.4.1 Open Enrollment Period An Eligible Person who applies for coverage in Harris Health by submitting an Application dur- ing an Open Enrollment Period shall become covered as a Subscriber on the Group Effective Date or such Effective Date specified as such for the Open Enrollment Period. 3.4.2 On Acquiring Eligibility Status An Eligible Person who first meets the eligibility requirements other than during the Open Enrollment Period may enroll within thirty (30) days of meeting such requirements by submitting an Application. Such person shall become covered under Harris Health as a Subscriber on the first day he became an Eligible Person provided that the premium applicable to the Subscriber has been received in accordance with this Agreement. 3.5 EFFECTIVE DATE FOR ELIGIBLE DEPENDENTS 3.5.1 Open Enrollment Period An Eligible Dependent for whom the Subscriber has applied for coverage in Harris Health by submitting an Application during an Open Enrollment Period shall become covered as a Dependent on the Effective Date of the Subscriber. 3.5.2 On Acquiring Eligibility Status A newly acquired Eligible Dependent, and an Eligible Dependent other than a newborn child who first meets the eligibility requirements of Group on other than during an Open Enrollment Period, may be enrolled by the Subscriber within thirty (30) days of meeting such requirements by submitting an Application. Such Eligible Dependent shall become covered under Harris Health as a Dependent on the day he became an Eligible Dependent provided that the premium applicable to the Dependent has been received in accordance with this Agreement described in Section 5.1. Coverage for newly adopted children shall commence on the earlier of (a) the date upon which such child commences residence with the Subscriber or (b) when the adoption becomes legal. Adopted children and newborn children. shall be covered under Harris Health for an initial period of thirty-one (31) days and shall continue to be so covered after that time only if, prior to the expiration of such thirty-one day period, an Application has been submitted and the premium applicable to the Dependent has been received in accordance with this Agreement described in Section 5.1. 3.6 PERSONS NOT ELIGIBLE FOR COVERAGE Notwithstanding the foregoing provisions of this Section, persons not eligible for cover- age in Harris Health shall be as follows: Coverage Previously Terminated: No person shall be eligible to become a Member who has had coverage terminated by Harris Health for cause, as described in Section 4.2 of this Agreement. Indebtedness: No person shall be eligible to become a Member if such person has unpaid financial obligations arising from prior coverage in Harris Health. 3.7 CONDITIONS OF ELIGIBILITY No Eligible Person or Eligible Dependent shall be refused enrollment by Harris Health because of health status, requirements for health services, or the existence of a Pre-Existing Condition on the Group Effective Date. In addition, no Member's coverage shall be terminated by Harris Health due to his health status or his healthcare needs. If an Eligible Person or Eligible Dependent applies for cover- age on a date other than Open Enrollment Period or more than thirty (30) days after becoming an Eligi- ble Person or Eligible Dependent, then such Eligible Person-or Eligible Dependent shall have to document Evidence of Insurability as required by Harris Health. 3.8 NOTIFICATION OF INELIGIBILITY A condition of participation in Harris Health is Subscriber's agreement to notify Harris Health of any changes in status that affect Subscriber or the ability of the Subscriber's Dependents to meet the eligibility criteria set forth in this Section. 3.9 CLERICAL ERROR Eligibility under this Agreement shall in no event be invalidated by failure of the Group, due to clerical error, to record or report an Eligible Person or Eligible Dependent to Harris Health if an Appli- cation had been completed and submitted to Group as required under the terms of this Agreement by or on behalf of such Eligible Person or Eligible Dependent and that the premium applicable to such coverage had been received by Harris Health. Section 4.0 GROUP AND MEMBER TERMINATION, CONTINUATION OF BENEFITS AND CONVERSION 4.1 TERMINATION OF GROUP 4.1.1 Default in Payment of Premium If Group fails to pay to Harris Health the premium payable hereunder on or before the thirty-first (31) calendar day after such payment is due, this Agreement may be terminated by Harris Health and all benefits and services shall cease at the end of such thirty-one (31) day grace period. Group may be held liable for the cost of all benefits and services provided to Member by Harris Health during the grace period. Group shall remain liable for all premiums (and any interest accrued thereon) not paid prior to termination. Interest on late payments from the date such premiums were due may be charged at a rate equal to eighteen percent (18%) per year. Unpaid interest shall be due and payable upon notice thereof to Group from Harris Health. If Group remits its delinquent payments to Harris Health within fifteen (15) days of a termination date, Harris Health may reinstate Group without requiring a new Group Enrollment Agreement. How- ever, Harris Health reserves the right to refuse to reinstate by refunding within five (5) business days all payments made by Group after the date of termination. 4.1.2. Upon Notification This Agreement may be terminated by either Harris Health or Group upon written notice to the other party at least sixty (60) days prior to the end of the Contract Year. Such termination shall occur at midnight on the day preceeding the end of the Contract Year. In the event that Harris Health terminates this Agreement, any Member who is a registered bed patient in a Hospital on the date of termination shall receive coverage for all hospital services for that hospital confinement or until a determination is made by the Medical Director that inpatient care is no longer medically indicated, whichever occurs first. 4.2 TERMINATION OF MEMBER - FOR CAUSE 4.2.1 Default in Payment of Copayments If any required Copayment is not paid timely by or on behalf of Member, pursuant to the terms of this Agreement, such Member's entitlement to benefits may be terminated not less than sixty-one (61) days written notice after the date such Copayment was due. 4.2.2 Default in Payment of Premium if any premium contributions due from Member are not paid timely by or on behalf of Member, such Member's entitlement to benefits may be terminated not less than thirty-one (31) days after the date such premium was due. 4.2.3 Misrepresentation if any Subscriber should make a fraudulent statement or provide any material misrepresenta- tion of fact by or on behalf of such Subscriber or Dependent on an Application or Evidence of Insura- bility form, Harris Health shall have the right to terminate the Member's coverage under this Agreement without any further liability or obligation to such Member. Such Subscribers entitlement to benefits may be terminated not less than sixty-one (61) days written notice after such misrepresentation. If a Mem ber corrects inaccurate information furnished to Harris Health, and Harris Health has not relied upon such incorrect information to its prejudice, the furnishing of incorrect information shall not constitute a basis for termination of the Member's coverage. In the absence of fraud, all statements made by a Subscriber are considered representations and not warranties. During the first two years, coverage can be voided for material misrepresentation contained in a written Application or Evidence of Insura- bility Form. After two years, coverage can be voided only in the event of a fraudulent misstatement contained in the written Application or Evidence of Insurability form. A copy of the written Application must have been furnished to the Subscriber if the terms of the Application or Evidence of Insurability form are to be applied. 424 Misuse of Identification Card Possession of a Harris Health identification card in and of itself confers no rights to services or other benefits. The holder of the card must be, in fact, a Member on whose behalf all applicable pre- miums under this Agreement have actually been paid. Any person receiving services or other benefits to which he is not entitled pursuant to this Agreement shall be solely responsible for the full payment of any charges associated with the services received. If any Member permits the use of the Member identification card by any other person, such card may be confiscated and Harris Health shall have the right to terminate the Member's coverage under this Agreement and, if a Subscriber, the coverage of his Dependents. Such Member's entitlement to benefits may be terminated not less than fifteen (15) days written notice after such misuse of the identification card. 4.2.5 Fraudulent Use of Benefits or Services Fraudulent use by Member of services, benefits, providers, facilities, or coverage will result in cancellation of coverage after not less than a fifteen (15) day written notice to Subscriber. 4.2.6 Misconduct Misconduct by a Member detrimental to safe Health Plan operations and the delivery of service or treatment, or abuse of healthcare professionals, facilities, or Health Plan personnel may result in cancellation of coverage effective immediately. 4.2.7 Untenable Patient/Physician Relationship If the Member and the Participating Physician fail to establish a satisfactory patient-physician relationship and if it is shown that Harris Health has, in good faith, provided the Member with the opportunity to select an alternative Participating Physician, the Member shall be notified in writing at least thirty (30) days in advance that Harris Health considers the patient-physician relationship to be unsatisfactory and specifies the changes that are necessary in order to avoid termination if Member fails to make such changes, coverage may be cancelled at the end of thirty (30) days. For refusal by a Member to accept recommended procedures or treatment as described in Section 8.3 of this Agreement, the Member's coverage may be cancelled after not less than thirty (30) days written notice. 4.2.8 Termination Procedure Any Member terminated for cause pursuant to this Section shall be given written notice of ter- mination prior to the effective date of termination in accordance with notification requirements of Sec- tion 4.2. If Member receiving notice of termination initiates the Member Complaint Resolution Procedure described in Section 10 of this Agreement during the notification period to challenge the grounds for termination, the effective date of termination shall be postponed until Member Complaint Resolution Procedure is completed and a final decision regarding termination is provided. If the Mem- ber, on his own behalf or on behalf of a minor child, fails to initiate the Member Complaint Resolution Procedure within the notification period, such failure shall constitute a waiver of said Member's right to challenge the termination. 4.3 TERMINATION OF MEMBER - OTHER THAN FOR CAUSE 4.3.1 Subscriber No Longer Eligible Person If the Subscriber ceases to be an Eligible Person, coverage under this Agreement shall auto- matically terminate at midnight of the day on which such Subscriber ceased to be an Eligible Person, subject to continuation of coverage and conversion privilege provisions. 4.3.2 Dependent No Longer Eligible Dependent If a Dependent ceases to be an Eligible Dependent, coverage under this Agreement shall - automatically terminate at midnight of the day on which such Dependent ceased to be an Eligible Dependent, subject to continuation of coverage and conversion privilege provisions. 4.3.3 Service Area Resident If a Member ceases to be a resident of the Service Area as defined by Harris Health, eligibility to participate in Harris Health shall automatically terminate as of the date on which the Member ceased to be a resident of the Service Area, except as may be required by State and Federal regula- tions for COBRA participants. Such Member shall be eligible to convert to an Individual Hospital and Surgical Expense Policy as specified in Section 4.6.2. 4.4 LIABILITY UPON TERMINATION At the effective date of any termination of a Member's coverage under this Agreement any pay- ments received on account of such Member applicable to periods after the effective date of the termi- nation of coverage, plus amounts due to such Member for claims reimbursement, if any, less any amount due to Harris Health or which must be paid by Harris Health on behalf of such Member, shall be refunded to the appropriate party within thirty-one (31) days. Harris Health and Group shall there- after have no further liability or responsibility to such Member except as may be specifically provided in Section 4.1.2 of this Agreement. 4.5 CONTINUATION OF COVERAGE If a Member's coverage ends, such coverage may quality to be continued in one of the follow- ing ways: • it may be extended under the Extension of Medical Benefits provisions, if the Member is Hos- pital Confined when this Agreement terminates; or • it may be continued under the Optional Continuation of Coverage provisions; or • it may be converted to an individual plan of medical coverage as described in the Conver- sion provisions. If, under the provisions of Title X of the Consolidated Omnibus Budget Reconciliation Act of 1985, Public Law 99-272 ("COBRA"), any Member is granted the right to continuation of coverage beyond the date his coverage would otherwise terminate, or, if COBRA is inapplicable and the provi- sions of an applicable state statute grants such Member similar rights to continuation of coverage, this Agreement shall be deemed to allow continuation of coverage to the extent necessary to comply with the provisions of the applicable statute. Contact the employer for verification of eligibility and proce- dures to follow. 4.5.1 Extension of Medical Benefits Harris Health shall continue to provide medical services if this Agreement terminates under 10 Section 4.1.2 while a Member is confined in a I lospital or Skilled Nursing Facility. Services will be pro- vided only for the same injury or sickness which caused the Member to be confined. This continued coverage will end on the earlier of: (1) the date the confinement is no longer Medically Necessary; or (2) the date the Member reaches any limits under the Group Contract for the provisions of services; or (3) the date the Member becomes eligible for similar coverage under another plan. 4.6 CONVERSION PRIVILEGE If a Member has been covered by this Agreement for at least three (3) consecutive months or covered as a newborn from the date of birth and meets the definition of a person eligible for conver- sion, Member may enroll in an individual plan with a defined Schedule of Benefits available to conver- sion Members only under the terms and conditions of this Agreement. ELIGIBILITY TO CONVERT A Member whose coverage under this Agreement is terminated in accordance with the Termi- nation provisions may convert if the coverage is not ending for one of the following reasons: • Termination of this Agreement; • Failure to pay any required copayment amounts; • Termination for cause; • Coverage under another individual or group health policy, plan or contract; • Eligibility for Medicare; • Eligibility or doverage for similar hospital, medical or surgical benefits under a state or federal law. A covered Dependent whose coverage is terminated under this Agreement may also convert if the termination is due to: • Legal separation or divorce; or • The Subscriber's death; or • The Dependent reaching the maximum Dependent age. HOW TO CONVERT 4.6.1 Residence in Service Area The Member eligible for conversion may, without Evidence of Insurability, convert to an Individ- ual Health Care Agreement issued by Harris Health. To obtain an individual enrollment, the Eligible Person must continue to reside in the Service Area, must submit a completed application for conver- sion within thirty-one (31) days after termination of coverage under this Agreement, and must submit the premium for such Individual Health Care Agreement as required from the effective date of termina- tion of coverage under this Agreement. 4.6.2 Residence Out of Service Area If the Member eligible for conversion does not reside in the Service Area, the Member may, without Evidence of Insurability, convert to an individual policy issued by and renewable at the option of the indemnity insurer making such conversion coverage available to Harris Health. Section 5.0 PAYMENT REQUIREMENTS 5.1 PREMIUM PAYMENTS The initial rates for the benefits and services under this Agreement shall be due and payable in advance on or before the first (1) day of the month for which such payment is made or is to be made. In accordance with the terms and provisions of Section 12.3 of this Agreement, Harris Health shall have the right to change the rate payable under this Agreement at any time when the extent or nature of this Agreement is changed by amendment or termination of any provision, or by reason of any pro- vision of law or any governmental program or regulation. No proration of the rate shall be made with 11 respect to Members whose coverage under this Agreement commences alter the first (1) day of the month. A grace period of thirty-one (31) days shall be allowed for each payment payable hereunder, whether due from Group or a Member except for the first payment due. The rate required for a newly acquired Eligible Dependent shall be payable initially when the required Application is submitted to Harris Health. Thereafter, all payments with respect to such new Eligible Dependent shall be made as otherwise provided in this Agreement. Any payments required for newborn children who meet the requirements of Section 3.5.2 of this Agreement shall be initially payable to Harris Health on or before the first day of the next month follow- ing the month in which the Application required under Section 3.5.2 is submitted to the Health Plan. Thereafter, all payments with respect to such newborn child shall be made as otherwise required under this Agreement. 5.1.1 Non-Contributory Coverage If the coverage basis hereunder is "Non-Contributory;" the Group agrees to pay at the principal office of Harris Health, or to its authorized representative, on each payment due date, the sum of the Harris Health rate for the coverage then provided under this Agreement. The Group premium for the coverage provided by Harris Health under this Agreement shall be determined by the applicable rate then in effect and the number of Members at the monthly intervals established by Harris Health. 5.1.2 Contributory Coverage If the coverage basis hereunder is "Contributory;" Group agrees to pay at the principal office of Harris Health, or to its authorized representative, on each payment due date, that part of the Harris Health rate for the coverage then provided under this Agreement. Group shall permit Subscribers to pay their contributory portion of such rate through payroll deduction. Procedures for implementing payroll deductions for the Subscriber's portion of such rate shall be the same as those utilized for any Alternative Health Benefit Plan. If the Group does not have an Alternative Health Benefit Plan, the pro- cedures shall solely be those as agreed to, in writing, between Group and Harris Health. The Group premiums for the coverage provided by Harris Health under this Agreement shall be determined by the applicable rate then in effect and the number of Members at the monthly intervals established by Harris Health. Group shall offer Harris Health to all Subscribers of Group on terms no less favorable with respect to the Group contribution than those applicable to any Alternative Health Benefit Plan as may be available through the Group. The Group contributions shall not be changed during the term of this Agreement unless such change is prior approved, in writing, by Harris Health. If, however, Group con- tribution to the Alternative Health Benefit Plan as may be available through the Group is increased dur- ing the term of this Agreement, Group agrees to also increase contribution to Harris Health effective the first monthly payment due following such increase. 5.2 NOTIFICATION BY GROUP Group shall forward completed Applications and any Evidence of Insurability form(s) to Harris Health within ten (10) business days of their receipt from Eligible Persons. In the event Group fails to notify Harris Health of the ineligibility of any person for whom the Group has made the monthly prepay- ment required pursuant to this. Agreement, then, such prepayment shall be credited to Group only if Harris Health has not made arrangements for or paid benefits for the ineligible person but in no event shall such prepayment be credited subsequent to thirty (30) days after the date such person became ineligible. 5.3 COPAYMENTS All Copayments, as specified in the Schedule of Benefits, are due and payable at the time a service is provided. The maximum amount of Copayment shall not exceed the maximum specified in the Schedule of Benefits. It is the Subscriber's responsibility to retain receipts and to notify Harris Health upon attaining the Copayment limit so that additional services can be provided without a Copayment charge. 12 Section 6.0 CLAIM PROVISIONS 6.1 CHARGES PAID BY MEMBERS It is not anticipated that a Member shall make payments, other than the Copayments as set forth in the Schedule of Benefits, for benefits and covered services under this Agreement. However, if a payment is made by a Member then a written description of such services, accompanied by evi- dence of payment by the Member must be provided to Harris Health within sixty (60) days after the performance of the service. Failure to furnish such proof within the required time shall not invalidate nor reduce any claim, if it was not reasonably possible to give proof within such time, provided such proof is furnished as soon as reasonably possible. If the Member provides evidence that he has made such payment, payment shall be paid to the Member but without prejudice to Harris Health's right to seek recovery of any payment made by it before receipt of such evidence. Benefits under this Agreement will be paid directly to the provider unless Member requests payment to be made to himself and submits to Harris Health proof of prior payment to the provider for covered services. Claims for such services will be processed as follows: A. Fifteen (15) calendar days after receipt of claim, Harris Health will: 1. Acknowledge receipt of claim; 2. Commence investigation of claim; 3. Request all information from claimant as deemed necessary by Harris Health. Subse- quent additional requests may be necessary. B. No later than fifteen (15) business days after receipt of all items required by Harris Health, Harris Health will: 1. Notify claimant of acceptance or rejection of claim; 2. Notify claimant of the reason(s) Harris Health needs additional time. Harris Health shall accept or reject the claim no later than forty-five (45) calendar days following receipt of additional information. C. Upon notification from Harris Health that the claim will be paid, the claim will be paid no later than five (5) business days after such notification was made. 6.2 MEDICAL EMERGENCY Medical Emergency services which are covered under this Agreement but are not received fr6m Participating Providers shall be reimbursed subject to the Copayments in the Schedule of Bene- fits. Harris Health reserves the right to deny a claim for reimbursement of services received from a Hospital emergency department or a Minor Emergency Center, if it is determined by Harris Health that such services were not obtained pursuant to the terms of this Agreement or if a Medical Emergency did not exist at the time services were received by the Member. 6.3 ACTION ON CLAIM All claims for reimbursement shall be finalized by Harris Health within sixty (60) days of receipt of written documentation describing the occurrence, character and extent of the event for which the claim is made, unless the Member is notified of the need for a longer time. If a claim is denied, written notice to the Member will state the reason for the denial. Member may obtain a review of the denial through the Member Complaint Resolution Procedure as described in Section 10.0. 6.4 EXAMINATION OF MEMBER Harris Health, at its own expense, shall have the right to examine the Member whose sickness or injury is the basis of a claim when and so often as it may reasonably require during the pendency of any claim. 6.5 LIMITATION PROVISIONS • No action at law or equity shall be brought under this Section against Harris Health prior to the expiration of the sixty (60) day period immediately following the date on which written proof of this charge or loss upon which the action is brought, in accordance with the provi- sions of this Section, has been furnished to Harris Health; or later than three (3) years after the expiration of the period of time in which such proof of charge or loss is required under this Section to be furnished to Harris Health. 13 • No liability shall be imposed under Harris Health other than for the benefits and services cov- ered under this Agreement. Section 7.0 COORDINATION AND SUBROGATION OF BENEFITS The Harris Health Coordination and Subrogation of Benefits provisions applies to all of the ben- efits provided under this Agreement. The value of any benefits or services provided by Harris Health shall be coordinated with any group insurance plan or coverage under governmental programs, including Medicare, to assure that a Member receives coverage while avoiding double recovery. It is, therefore, understood and agreed that should a Member be covered by or under a Coordinated Plan in addition to coverage under this Agreement, the provisions and rules as described in this Section shall determine whether Harris Health or the Coordinated Plan is primarily responsible for paying the costs of benefits and services provided to the Member. • If a Member who has enrolled under this Health Plan is entitled to inpatient benefits under another contract or policy of insurance due to inpatient care which began while the Member was enrolled under a previously held policy, Harris Health will pay, subject to Copayments under this plan, the difference between entitlements under this Health Plan and entitlements under the other contract or policy of insurance. • Benefits which are provided directly through a specified provider of an employer shall in all cases be provided before the benefits of this Health Plan. • Services and benefits for military service connected disabilities for which a Member is legally entitled and for which facilities are reasonably available, shall in all cases be provided before the benefits of this Health Plan. • All sums payable for services provided pursuant to worker's compensation shall not be reim- bursable under this Agreement. 7.1 DEFINITIONS For purposes of this Section only, words and phrases shall have meanings as follows: • ALLOWABLE EXPENSE shall mean any Usual and Customary expense of which at least a portion is covered under this Health Plan covering the Member for whom the claim is made. When a Coordinated Plan provides benefits in the form of services rather than cash pay- ments, the Usual and Customary cash value of each service provided shall be deemed to be both an Allowable Expense and a benefit paid. • CLAIM DETERMINATION PERIOD shall mean a calendar year, but excluding any portion of a calendar year occurring prior to the Effective Date. • COORDINATED PLAN shall mean any of the following that provides benefits or services for, or by reason of, medical care or treatment. - Coverage under governmental programs, including Medicare, required or provided by any statute unless coordination of benefits with any such program is forbidden by law. - Group coverage or any other arrangement of coverage for individuals in a group, whether on an insured or uninsured basis, including any prepayment coverage, group practice basis or individual practice coverage and any coverage for students which is sponsored by, or provided through, a school or other educational institution above the high school level. 7.2 DETERMINATION OF BENEFITS This provision shall apply in determining the benefits payable for the Allowable Expenses incurred by a Member. during a Claim Determination Period. The term Coordinated Plan shall be.construed separately with respect to each policy, contract, or other arrangement for benefits or services and separately with respect to that portion of any such policy, contract, or other arrangement which reserves the right to take the benefits or services of other Coordinated Plans into consideration in determining its benefits and that portion which does not. 14 Whenever the sum of the benefits that would be payable under this Agreement in the absence of this provision, and the benefits that would be payable under all Coordinated Plans in the absence thereof or amendments of similar purpose to this provision would exceed the Allowable Expenses, then the following shall apply: • The benefits that would be payable under this Agreement shall be reduced to the extent necessary so that the sum of such reduced benefits and all the benefits payable for such Allowable Expenses under all Coordinated Plans shall not exceed the total payable under this Agreement. Benefits payable under a Coordinated Plan include the benefits that would have been payable had claim been duly made therefor. • If a Coordinated Plan would, according to its rules, determine its benefits after the benefits payable under this agreement have been determined, and the rules as described in Section 7.3 would require payment under this Agreement to be determined before the Coordinated Plan, then the benefits of the Coordinated Plan shall not be included for the purpose of deter- mining the benefits under this Agreement. 7.3 ORDER OF BENEFIT DETERMINATION The rules establishing the order of benefit determination shall be as follows: The benefits duplication Agreement. - The benefits of a Coordinated Plan covering the Member as a laid-off or retired employee or as the dependent of such Member shall be determined after the benefits of a Coordi- nated Plan covering such person as a Member other than as laid-off or retired employee or dependent of such person. - If a Coordinated Plan does not have a provision regarding laid-off or retired employees, and, as a result, such Coordinated Plan determines its benefits after the Coordinated Plan with this provision, then the provisions of the immediately proceeding paragraph shall not apply. of a Coordinated Plan without a coordination of benefits provision (or a non- provision of similar intent) shall be determined before the benefits of this The benefits of a Coordinated Plan which covers the Member other than as a dependent shall be determined before the benefits of a Coordinated Plan which covers such person as a dependent. The benefits of a Coordinated Plan which covers the Member as a dependent child of a per- son whose date of birth, excluding year of birth, occurs earlier in a calendar year, shall be determined before the benefits of a plan which covers such person as a dependent of a per- son whose date of birth, excluding year of birth, occurs later in a calendar year. If a Coordi- nated Plan does not have the provisions of this paragraph regarding dependents, which results either in each Coordinated Plan determining its benefits before the other or in each Coordinated Plan determining its benefits after the other, the provisions of this paragraph shall not apply, and the rule set forth in the Coordinated Plan which does not have the provi- sions of this paragraph shall determine the order of benefit determination unless Section 7.3.1 shall apply. If the rules provided above or the rules provided in Section 7.3.1 do not establish an order of benefit determination, then the benefits of a Coordinated Plan which has covered the Mem- ber for whom the claim is made for the longer period of time shall be determined before the benefits of a Coordinated Plan which has covered such Member for the shorter period of time except as follows: In the event of a legal separation or divorce, the following order of benefit determination shall 7.3.1 Legal Separation or Divorce apply: • If there is a court decree that establishes financial responsibility for the healthcare expenses of the child, the benefits of a Coordinated Plan which covers the child as a dependent of the parent with such financial responsibility shall be determined before the benefits of a Coordi- nated Plan which covers the child as a dependent of the parent without such financial responsibility. Sri In the event of a legal separation or divorce in which tfre court decree does not establish financial responsibility for the healthcare expenses of the child then the following shali apply: - If the parent with custody of the child has not remarried, the benefits of a Coordinated Plan which covers the child as a dependent of the parent with custody of the child shall be determined before the benefits of a Coordinated Plan which covers that child as a dependent of the child without custody. - If the parent with custody of the child has remarried, the benefits of a Coordinated Plan which covers the child as a dependent of the parent with custody shall be determined before the benefits of a Coordinated Plan which covers that child as a dependent of the stepparent; and the benefits of a Coordinated Plan which covers that child as a depen- dent of the stepparent shall be determined before the benefits of a Coordinated Plan which covers that child as a dependent of the parent without custody. Thus, in the event of a legal separation or divorce, unless a court decree specifies otherwise, the order of benefit determination described above may be summarized as follows: Separated or Divorced and not Remarried: (1) Parent with custody (2) Parent without custody Separated or Divorced and Remarried: (1) Parent with custody (2) Stepparent with custody (3) Parent without custody 7A MEDICARE For purposes of determining benefits provided for a Member who is eligible to enroll for Medi- care, but does not, Harris Health will assume the amount provided under Medicare to be the amount the Member would have received if he or she had enrolled for it. A Member is considered to be eligible for Medicare on the earliest date coverage under Medi- care could become effective for the Member. Except as described under TETRA in Section 7.4, Medi- care shall be interpreted so as to be included in Section 7.1 for each Member as follows: • Such Member must agree to enroll for both Parts A and B of Medicare and assign to Harris Health any Medicare benefits for services covered by Harris Health. If such Member receives benefits from Harris Health that would have been paid or reimbursed by Medicare, but Member has failed to enroll for Medicare coverage, then Harris Health shall be entitled to receive from the Member the actual costs of the services provided. The Member shall remain liable for payment of the Copayments as set forth in the Schedule of Benefits. • When Allowable Expenses are incurred by such Member during any Claim Determination Period and include expenses for services, treatment, or supplies which are payable under Medicare, such Allowable Expenses shall be reduced by an amount equal to the benefits payable by Medicare before comuting the benefits payable under this Agreement. 7.4.1 TEFRA Options for Employers with 20 or More Employees Actively working covered Employees and their covered spouses who are eligible for Medicare will be permitted to choose one of the following options if the Employee is age 65 or older and eligible for Medicare: Option 1 - The service of the Group Agreement will be provided first and the benefits of Medicare will be provided second. Option 2 - Medicare benefits only. Subscriber and Dependents, if any, will not be covered by the Group Agreement. The employer will provide Subscriber with a choice to elect one of these options at least one month before becoming age 65. All new Employees age 65 or older will be offered these options when hired. If Option 1 is chosen, Subscriber's rights under this Agreement will be subject to the same requirements as for an Employee or Dependent who is under age 65. There are two categories of persons eligible for Medicare. The calculation and payment of ben- efits by this Agreement differs for each category. 16 Category 1 Medicare Eligibles are: 1. Actively working covered Employees age 65 or older who choose option 1; 2. The age 65 or older covered spouses of actively working covered Employees age 65 or older who choose Option 1; 3. Age 65 or older covered spouses of actively working covered Employees who are under age 65; 4. Actively working covered Employees of employers with 100 or more Employees and their Covered Dependents who are entitled to Medicare by reason of disability other than End Stage Renal Disease (ESRD); and 5. Covered individuals entitled to Medicare solely on the basis of ESRD during a period of up to 12 months after the individual has been determined eligible for ESRD benefits. Category 2 Medicare Eligibles are: 1. Retired employees and their spouses; 2. Covered Employees of employers with less than 100 Employees and their covered Depen- dents who are entitled to Medicare by reason of a disability other than ESRD; and 3. Covered individuals entitled to Medicare solely on the basis of ESRD for more than 12 months after the individual has been determined eligible for ESERD benefits. Calculation and Provision of Services: For Members in Category 1, services are provied by this Agreement without regard to any benefits provided by Medicare. Medicare will then determine its benefits. For Members in Category 2, services are provided by the Group Agreement. Harris Health shall then have the right to recover the full amount of all Medicare benefits the Member is entitled to receive, whether or not the Member is actually enrolled for them. The Member should authorize payment of Medicare benefits directly to Harris Health for services rendered. If the Member does not authorize direct payment, he or she is responsible for Harris Health for the reasonable value of the services rendered. The Member is also responsible to Harris Health for the reasonable value of all Group Agreement services reimbursable by Medicare if - the Member is not enrolled for all benefits he or she is entitled to receive. 7.5 RIGHT TO RECEIVE AND RELEASE INFORMATION For purposes of administering the provisions of this section, Harris Health may, without further consent of, or notice to any Member, release to or obtain from any healthcare plan, insurance com- pany or other person or organization, any information with respect to any Member which it deems to be reasonably necessary for such purposes, as permitted by law. Any Member receiving services or claiming benefits under this Agreement shall furnish to Harris Health all information deemed necessary by Harris Health to implement this Section 7.0. 7.6 FACILITY OF PAYMENT Whenever payments which should have been made by Harris Health in accordance with this Section have been made by a Coordinated Plan, Harris Health shall have the right, exercisable alone and in its sole discretion, to authorize payment to the Coordinated Plan making such payments any amounts Harris Health shall determine to be warranted in order to satisfy the intent of this Section, and amounts when so paid shall be deemed to be benefits under this Agreement, and, to the extent of such payments, Harris Health shall be fully discharged from liability under this Agreement. 7.7 RIGHT OF RECOVERY Whenever payments have been made by Harris Health with respect to Allowable Expenses in a total amount which is, at any time, in excess of the maximum amount of payment neccessary at that time to satisfy the intent of this Section, Harris Health shall have the right to recover such payments, to the extent of such excess, from one or more of the following, as Harris Health shall determine: any per- son or persons to, or for, or with respect to whom such payments were made, any insurance company or companies, and any other organization or organizations which provided services, or to which such payments were made. 17 7.8 DISCLOSURE Each Member agrees to disclose to Harris Health at the time of enrollment, at the time of receipt of services and benefits, and from time to time as requested by Harris Health, the existence of other health plan coverage, the identity of the carrier, and the group through which such coverage is provided. 7.9 SUBROGATION Subrogation seeks to shift the expense for injuries suffered by Plan Members to those responsi- ble for causing them. In return for Harris Health providing benefits for injuries, ailments, or diseases caused as a result of the negligence, omission or willful act of a third party, each Member agrees to execute any instrument which may be needed in order for the right of subrogation to be effective. Each Member also agrees to assign to Harris Health the right of recovery against such third party to the extent of benefits received from or through Harris Health plus costs of legal suit including attorney fees. At the time such benefits are provided or thereafter as Harris Health may request, Member agrees to comply with the following provisions: • Execute a formal written injury report and assignment to Harris Health of right to recover the reasonable value of any benefits provided directly by Harris Health and the actual costs paid by Harris Health under this Agreement for injuries, ailments and diseases caused by a third . parry together with the costs of legal suit including attorney fees. • Reimburse Harris Health for the reasonable value of any benefits and services provided by Harris Health and in an amount equal to the charges therefor together with the costs of legal suit, including attorney fees, but not in excess of monetary damages collected, immediately upon receipt of any monies paid by or on behalf of a third party in settlement of any claim arising out of injuries, ailments and diseases covered by such third party. In determing the reasonable value of benefits and services provided by Harris Health, Harris Health shall con- sider charges for similar services being made by providers in the community which possess similar training or capability as well as unusual circumstances, or a medical complication requiring additional time, skill experience and/or facilities in connection with a particular ser- vice. Harris Health shall have a lien on any recovery from such third party whether by judg- ment, settlement, compromise or reimbursement. • Execute and deliver such papers and provide such reasonable help (including authorizing bringing suit against such third party in Member's name and making court appearances) as may be necessary to enable Harris Health to recover the reasonable value of benefits and services provided by Harris Health, together with costs of legal suit, including attorney fees. Section 8.0 INDEPENDENT AGENTS/REFUSAL TO ACCEPT TREATMENT 8.1 INDEPENDENT AGENTS The relationships between Harris Health and contracting entities may be defined as follows: • The relationship between Harris Health and Member Hospitals is that of independently con- tracting entities. Member Hospitals are not agents or employees of Harris Health nor is Harris Health an agent of any Member Hospital. Member Hospitals shall maintain the hospital- patient relationship with Members and shall be the only parties responsible to Members for the Hospital services that they provide. • The relationship between Harris Health and Participating Providers is that of independent contracting entities. Participating Providers are not agents or employees of Harris Health nor is Harris Health an employee or agent of any Participating Provider. Participating Providers shall maintain the physician-patient or professional-patient relationship with Members and shall be the only parties responsible to Members for the services provided. Neither Harris Health nor any employee of Harris Health shall be deemed to be engaged in the practice of medicine. Harris Health shall in no way supervise the practice of medicine by any Participat- ing Provider hereunder, nor shall Harris Health in any manner supervise, regulate or interfere with the usual professional relationships between a Participating Provider and a Member. 18 The relationship between Harris Health, the Group and any Member is that of independent contracting entities. Neither the Group nor any Member is the agent or employee of Harris Health, and Harris Health is not the employee or agent of the Group or any Member. Neither the Group or any Member shall be liable for any acts or omissions of Harris Health, its agents or employees, any Physician, any Hospital, or any other person or organization in which Flar- ris Health has made, or hereafter shall make arrangements for the performance of services under this Agreement. 8.2 LIMITATION ON LIABILITY Harris Health does not guarantee by this Agreement that any Participating Provider shall per- form or properly perform such contracts; the only obligation of Harris Health in the event of breach of such contract by any Participating Provider shall be, upon request, to use its best efforts to procure the needed services from another provider. Harris Health shall not be liable to a Member for any act of omission or commission on the part of any Participating Provider. 8.3 REFUSAL TO ACCEPT TREATMENT/EXCESSIVE TREATMENT Members may, for reasons personal to themselves, refuse to accept services or complete a Course of Treatment as recommended by a Participating Physician. Participating Physicians shall use their best efforts to render all necessary and appropriate professional services in a manner compatible with the Member's wishes, insofar as this can be done consistently with such Participating Physician's judgment as to the requirements of proper medical practice. If a Member refuses to complete a recommended Course of Treatment, and the Participating Physician believes that no professionally acceptable alternative exists, such member shall be so advised. If upon being so advised, the Member still refuses to follow the recommended treatment or procedure, then the Member shall be given no further treatment for the condition, and neither the Par- ticipating Physician nor Harris Health shall have any further responsibility to provide care for such con- dition. A Member may appeal a withdrawal of treatment under this provision through the Member Complaint Resolution Procedure as described in Section 10.0 of this Agreement. If two (2) or more Participating Physicians who have rendered care to a Member inform Harris Health that the Member is receiving health services or prescription medications in a manner or in a quantity which is not medically necessary or not medically beneficial, the Member may be required by Harris Health to select a single Participating Primary Physician (hereafter referred to as a "Coordinat- ing Health Plan Physician") and a single: Participating Pharmacy, if Pharmacy benefits are available to Member, for the provision and coordination of all future health services. If the Member fails to voluntar- ily select a Coordinating Health Plan Physician and a single Participating Pharmacy within thirty (30) days of written notice by Harris Health of the need to do so, Harris Health shall designate a Coordinat- ing Health Plan Physician and/or a Participating Pharmacy for the Member. Following selection or designation of a Coordinating Health Plan Physician for a Member, cov- erage of health services set forth on this Agreement shall be contingent upon each health service being provided by or through written referral to the Coordinating Health Plan Physician for that Member. If, after sixty (60) days from initial notification by Harris Health, the Member is not in compliance with this Section, the Member may be terminated by Harris Health under Section 4.2.7. Section 9.0 EXCLUSIONS ON SERVICE RESPONSIBILITIES The rights of Members and obligations of Participating Providers under this Agreement are subject to the exclusions as specified below. 9.1 MAJOR DISASTER OR EPIDEMIC In the event of any major disaster or epidemic that would severely limit the availability of Partici- pating Providers to provide healthcare services on a timely basis, Participating Providers shall, in good faith, use their best efforts to render the benefits and services covered insofar as practical according to their best judgment and within the limitation of such facilities and personnel as are then available. If Harris Health and Participating Providers shall, in good faith, have used their best efforts to provide or 19 make arrangements for the benefits and services, they shall have no further liability or obligation for delay or failure to provide such benefits and services due to a shortage of available facilities or per- sonnel resulting from such disaster or epidemic. 9.2 CIRCUMSTANCES BEYOND CONTROL In the event that, due to circumstances not reasonably within the control of Harris Health or Participating Providers, such as the complete or partial destruction of facilities because of war, riot, civil insurrection, or the disability of a significant number of Participating Providers, the rendering of benefits and services covered hereunder is delayed or rendered impractical, neither Harris Health nor any Participating Provider shall have any liability or obligation on account of such delay or such failure to provide such benefits and services, if they shall, in good faith, have used their best efforts to pro- vide or make arrangements for the benefits and services covered insofar as practical according to their best judgment and within the limitations of such facilities and personnel as are then available. Pre- mium payment shall be suspended for the duration of such time period for the Group. 9.3 FRAUDULENTLY OBTAINED BENEFITS In the event a member fraudulently obtains healthcare services as a result of the improper or unauthorized use of a Harris Health identification card, such Member agrees and is solely responsible for the payment of all charges for services so obtained and for the payment of all reasonable costs of collection thereof, including court costs, collection fees and attorney fees. 9.4 DISCONTINUANCE If Harris Health or Group determines it would be impractical to continue due to circumstances beyond the control of Harris Health or Group, Harris Health and Group may endeavor to agree to amendments and adjustments to this Agreement which relate to services and benefits to be discontin- ued. If parties cannot agree on amendments and adjustments, Harris Health or Group may terminate this Agreement at the end of any month upon at least sixty (60) days written notice for Group. In the event of such termination, neither Harris Health nor Participating Providers shall have any further liabil- ity or responsibility under this Agreement. However, if any Participating Provider terminates their contract, then Harris Health shall be lia- ble for the continuance of services and benefits described in this Agreement. Such services shall be rendered to Members by other Participating Providers. Section 10.0 MEMBER COMPLAINT RESOLUTION PROCEDURE 10.1 COMPLAINT RESOLUTION PROCESS A Member may make an oral or written suggestion or indicate a complaint to any Harris Health employee or to any Participating Provider. All oral suggestions and complaints shall be handled promptly by Harris Health. If the Member is not satisfied with the response to an oral suggestion or complaint, the Member may file a written complaint by calling Harris Health or, at the Member's option the Member may file a written complaint by completing and forwarding a complaint form to Harris Health at the latest address provided on the front of this Agreement. A Harris Health Member Service Representative shall contact the Member by telephone to verify details and resolve the problem imme- diately if possible. Within fifteen (15) business days from the receipt of the oral or written complaint, Harris Health shall respond in writing to inform the Member of the progress or decision on the com- plaint. In the event a decision cannot be reached within fifteen (15) business days, Harris Health shall notify the Member that a decision shall be provided as soon as possible, but not later than sixty (60) days after initial receipt of the complaint. 10.1.1 Ad Hoc Review Committee If the Member is not satisfied with the resolution of the complaint by Harris Health, the Member may request a review by filing such a request, in writing, within fifteen (15) business days of receiving written notice of the resolution of the complaint. This request shall be sent to Harris Health. Upon receipt of this written request, Harris Health shall forward the request and any and all memoranda and notes made as a result of the original investigation of the complaint to the Medical Director and to Har- ris Health. 20 After reviewing the complaint records, Harris Health shall convene an Ad Hoc Review Commit- tee composed of Harris Health, the Medical Director, and at least two other individuals not involved in the initial investigation of the complaint. In the case of a complaint concerning medical treatment or services, medical personnel or facilities, such other individuals on the Ad Hoc Review Committee shall be Participating Physicians. Within fifteen (15) business days of receipt of the request for a review, Harris Health shall respond, in writing, to inform the Member of the decision or resolution of the com- plaint by the Ad Hoc Review Committee. 10.1.2 Notification By Review Committee If the original complaint involved a physician-patient relationship, the written response of the Ad Hoc Review Committee shall inform the Member that he has the option, at his discretion, to submit the complaint to the mediation service maintained by the Tarrant County Medical Society, and that such mediation shall usually be concluded within a thirty (30) day to sixty (60) day time period. The notice shall inform the Member that participation in the mediation process is voluntary and that mediation rec- ommendations are non-binding on both parties. As part of their contractual obligation to comply with the Health Plan rules and regulations, Participating Physicians must cooperate with the Tarrant County Medical Society mediation service. 10.2 COMPLAINT RESOLUTION APPEAL PROCESS If a Member is not satisfied with the decision of the Ad Hoc Review Committee, or the Tarrant, County Medical Society mediation service, the Member may request an additional review by Harris Health. The Member must file a request for review within fifteen (15) business days of receipt of the decision of the Ad Hoc Review Committee or the mediation service. Upon receipt of a request for a review, Harris Health shall forward the review request and a complete record of the complaint history to the Medical Director and to Harris Health. After reviewing the complaint records, Harris Health shall convene an Ad Hoc Appeal Commit- tee composed of Harris Health, the Medical Director and at least two other individuals not involved in the initial investigation of the complaint. In the case of a complaint concerning medical treatment or services, medical personnel or facilities, such other individuals on the Ad Hoc Appeal Committee shall be Participating Physicians. Within fifteen (15) business days of receipt of the request for a review, Harris Health shall respond, in writing, to inform the Member of the decision or resolution of the complaint by the Ad Hoc Appeal Committee. If all parties involved in the complaint agree, the complaint response of the Ad Hoc Appeal Committee shall be final and binding on all parties. Section 11.0 HEALTH CARE SERVICES 11.1 Benefits and Services Harris Health agrees to arrange for the provision of the benefits and services in the Schedule of Benefits and/or Riders, in accordance with the procedures and subject to the limitations and exclu- sions specified in such Schedule of Benefits and/or Riders and in this Agreement. Unless referred in writing by a Participating Primary Physician (or by a Participating Specialist Physician), and except in cases of Medical Emergency, benefits and services set forth in the Limita- tions and Exclusions Section of the Schedule of Benefits or any Riders that are rendered by a Partici- pating Physician other than a Participating Primary Physician shall not be covered. All hospital admissions must be authorized by Harris Health, and the Member's condition or required services must be such that treatment can be rendered only in a hospital setting. Harris Health and the Participating Physician may decide to provide Medically Necessary services on an outpatient basis or in an outpatient surgery unit. The use of alternative levels of care, such as outpatient hospital or home care, will be encouraged where possible based on Member condition and treatment. Unless previously authorized in writing by a Participating Physician and by the Medical Director and except in cases of Medical Emergency, all benefits and services set forth in the Schedule of Ben- efits and any Riders shall be available and covered only when provided by a Participating Physician, Participating Hospital or by another Provider under contract with Harris Health to provide healthcare services to Members. 21 All charges related to services and supplies incurred prior to the Member's effective date, or after the Member's termination date of coverage under this Agreement shall not be covered. Section 12.0 TERM AND AMENDMENT OF AGREEMENT 12.1 TERM This Agreement shall remain in effect for the first Contract Year and thereafter for successive Contract Years unless sooner terminated as provided in Section 4.0 of this Agreement. 12.2 AMENDMENT • Harris Health and Group may mutually alter or revise the terms of this Agreement and/or Schedule of Benefits and Riders attached hereto. In the event of such alteration or revision, Harris Health shall provide Group with at least sixty (60) days written notice before effective date of Amendment. Such notice shall be considered to have been provided when mailed to the Group at the latest address shown on the records of Harris Health. • This.Agreement may be amended at any time, according to any provision of this Agreement or by written agreement between Harris Health and Group, without the consent of the Mem- bers, or any other person having a beneficial interest in it. Any such amendment shall be. without prejudice to any claim arising prior to the effective date of such amendment. 12.3 CHANGE OF RATES Harris Health shall have the right to change the rates and premiums payable hereunder (i) as of any Anniversary Date (in which case the Group shall be notified at least sixty (60) days prior to a change in rates) or (ii) in accordance with Section 12.2 of this Agreement. Section 13.0 MISCELLANEOUS PROVISIONS 13.1 USE OF WORDS Words used in the masculine shall apply to the feminine where applicable, and, wherever the context of this Agreement dictates, the plural shall be read as the singular and the singular as the plu- ral. The words "hereof," "herein," "hereunder" and other similar compounds of the word "here" shall mean and refer to the entire Agreement and not to any particular Section or provison. All references to Sections and provisions shall mean and refer to Sections and provisions contained in this Agreement unless otherwise indicated. 13.2 RECORDS AND INFORMATION Harris Health shall conduct a review program for the healthcare services it provides hereunder and for that purpose may examine the records of each Member. Information from medical records of Members and information received from Physicians or Hospitals incident to the Physician-patient or Hospital-patient relationship shall be kept confidential. This information, except as reasonably neces- sary in connection with the administration of this Agreement or as required by law, shall not be dis- closed without the consent of the Member. Harris Health shall, to the extent legally allowable and without further consent of or notice to any Member, release to or obtain from any insurance company or other organization or person any information, with respect to any person, which Harris Health deems to be necessary for such pur- poses. Any person claiming benefits shall furnish to Harris Health such information as may be neces- sary to implement this Agreement. 13.3 INFORMATION FROM GROUP Group shall periodically forward the information required by Harris Health in conjunction with the administration of this Agreement. All records of Group which have a bearing on the coverage shall be open for inspection by Harris Health at any reasonable time. Harris Health shall not be liable for the fulfillment of any obligation dependent upon such information prior to its receipt in a form satisfactory to Harris Health. Incorrect information furnished may be corrected, if Harris Health shall not have acted to its prejudice by relying on it. Harris Health shall have the right, at reasonable times, to examine 22 Group's records, including payroll records of employers having ernployees covered through Group, with respect to eligibiliity and monthly premiums under this Agreement. 13.4 ASSIGNMENT The benefits to a Member under this agreement are specific to the Member and are not assignable or otherwise transferable. 13.5 AUTHORITY Any alterations or revisions to this Agreement shall not be valid unless evidenced by a written amendment which has been signed by Group and by an officer of Harris Health and attached to the affected document. No other person has the authority to change this Agreement or to waive any of its provisions. 13.6 GOVERNING LAW This Agreement is executed and is to be performed in all respects in accordance with all fed- eral and Texas state laws applicable to Health Maintenance Organizations and all other applicable Texas state laws or regulations. 13.7 INCORPORATION BY REFERENCE The Schedule of Benefits, Group Enrollment Agreement, Applications, any optional Riders, any Attachments, and any amendments to any of the foregoing, form a part of this Agreement as if fully incorporated herein. Any direct conflict or ambiguity of this Agreement shall be resolved under terms most favorable to the Member. 13.8 ENTIRE AGREEMENT This Agreement constitutes the entire understanding between Harris Health and Group. 13.9 INFORMATION TO MEMBER Upon execution of this Agreement, Harris Health shall provide to each Subscriber a copy of this Agreement and an Identification Card. Such delivery shall be accomplished by mailing postage paid, to the latest address furnished to Harris Health or by delivery from a representative of Harris Health or Group to Subscriber. 13.10 UNIFORM RULES In the administration of Harris Health, this Agreement shall be applied uniformly to all Members similarly situated. 13.11 CALCULATION OF TIME In determining time periods within which an event or action is to take place for purposes of Harris Health, no fraction of a day shall be considered, and any act, the performance of which would fall on a Saturday, Sunday, holiday or other non-business day, may be performed on the next following business day. 13.12 EVIDENCE Evidence required of any Member of Harris Health may be by certificate, affidavit, document, or other information which the person acting on it considers pertinent and reliable, and signed, made or presented by the proper party or parties. 13.13 SEVERABILITY If any provision of this Agreement shall be held invalid or illegal, the rest of this Agreement shall remain in full force and effect and shall be construed in accordance with the intentions of the parties as manifested by all provisions hereof including those which shall have been held invalid and illegal. Furthermore, in lieu of any provision hereof which is found to be illegal, invalid or unenforceable, there shall be added hereto a provision as similar in terms to such illegal, invalid or uninforceable provision as may be possible and be legal, valid and enforceable without materially changing the purpose and intent of this Agreement. 23 13.14 VENUE The parties hereby expressly agree that this Agreement is executed and shall be performable in Tarrant County, Texas, and venue of any disputes, claims, or lawsuits arising hereunder shall be in the said Tarrant County. 13.15 WAIVER OF NOTICE Any person entitled to notice under this Agreement may waive the notice. 13.16 HEADINGS The titles and headings of Sections or provisions are included for convenience of reference only and are not to be considered in construction of the Sections or provisions hereof. 13.17 NOTICE OF CERTAIN EVENTS If Group may be materially or adversely affected thereby, Harris Health shall, within a reasona- ble time, provide written notice to Group of any termination or breach of contract, or inability of any Participating Provider to provide the services and benefits as described in this Agreement. 13.18 NOTICE OF TERMINATION All Harris Health notices of termination of this Agreement or of any Member's rights will be in writing and shall state the cause of termination, with specific reference to the provision(s) of this Agree- ment giving rise to the right of termination. 13.19 NOTICE Any notice under this Agreement shall be in writing, and shall be given by United States mail, postage prepaid, addressed as follows: Harris Health: 1300 Summit Avenue, Suite 300 Fort Worth, TX 76102 Group: The address specified on the executed Group Enrollment Agreement or the latest address provided, in writing, to Harris Health. Subscriber: The latest address provided by the Subscriber on Application form actually delivered to Harris Health. The effective date of notice is two (2) business days after the date of deposit with the United States Post Office. 24 HARRIS HEALTH SERVICE AREA The Harris Health Service Area includes six- :een (16) counties and parts of four (4) coun- ties in North Central Texas. The following sixteen (16) counties are in- cluded in the Service Area: Boscue Cornmanche Dallas Denton Erath Freestone Hamilton Hill Hood Johnson Limestone Parker Palo Pinto Somervell Tarrant Wise In the following four (4) counties zip codes are included as specified in the Service Area: COUNTY ZIP CODES Coryell 76512 76525 76528 76538 76566 76580 Ellis 76064 76065 Montague 76230 76239 76251 76270 Navarro 75110 76639 75153 76679 76681 1. All Saints Cityview Hospital 2. All Saints Episcopal Hospital 3. Arlington Memorial Hospital 4. Campbell Memorial Hospital 5. Cook-Fort Worth Children's Medical Center 6. Decatur Community Hospital 7. Denton Community Hospital 8. Harris Methodist Erath County 9. Harris Methodist Fort Worth 10. Harris Methodist Glen Rose 11. Harris Methodist H-E-B 12. Harris Methodist HEB-Springwood 13. Harris Methodist Northwest 14. Harris Methodist Southwest 15. Hood General Hospital 16. Huguley Memorial Medical Center 17. Medical Plaza Hospital 18. Osteopathic Medical Center of Texas 19. Parkview Regional Hospital 20. St. Joseph Hospital 21. Walls Regional Hospital PRESCRIPTION DRUG RIDER FOR USE ONLY WITH GROUP HEALTH CARE AGREEMENT/SUBSCRIBER CERTIFICATE OF COVERAGE HARRIS HEALTH PLAN, INC. Health Maintenance Organization 1300 Summit Avenue, Suite 300 Fort Worth, Texas 76102 800/633-8598 1.0 In consideration for the timely payment of premiums, and all other terms and conditions of the Group Health Care Agreement/Subscriber Certificate of Coverage ("Agreement"), it is agreed that the benefits of this Rider, together with the terms and conditions of this Rider, shall be added to Agreement as issued if this Rider is accepted by the Group. 2.0 DEFINITIONS Benefits for outpatient prescription drugs provided through this Rider shall be subject to the provisions and definitions of Agreement to which this Rider is a part. Prescription Drugs shall mean only those drugs and medicines which are ,prescribed by a Participating Physician, and legally require the written prescription of a Physician before they can be obtained by the Member. Heritable disease shall mean an inherited disease that may result in mental or physical retardation or death. Phenylketonuria (PKU) shall mean an inherited condition that may cause severe mental retardation if not treated. 3.0 !,BENEFITS For the purpose of this Rider, benefits for covered outpatient prescription drugs shall include only those drugs and medicines which are written by Participating Physician, and obtained from a Participating Pharmacy. Benefits limitations and Member cost shall be as follows: Cooayment by Member e e PDM16-892 $10.00 per new prescription or refill for each thirty-four (34) day supply or fraction thereof. $240.00 per Norplant device. 1 6.0 EXCLUSIONS (Continued) o Drugs not requiring a prescription (OTC, Vitamins, Cough Syrup, etc.), except PKU and other heritable diseases supplements o Drugs to be consumed in an inpatient or other institutional care setting o Drugs requiring parenteral use or subcutaneous use o Charges for cost difference in a brand name product when generic drugs are prescribed or permitted by physician o Nutritional or dietary supplement, or formulas other than prescription required vitamins o Prescription written by nonparticipating physicians o Medications dispensed by physician offices o Prescriptions Drugs for cosmetic conditions not covered in the Schedule of Benefits (such as Retin-A, Minoxidil, etc.) PDMIO-892 4 SCHEDULE OF BENEFITS Preferred PLUS NETWORK HARRIS HEALTH PLAN, INC. Health Maintenance Organization 1300 Summit Avenue, Suite 300 Fort Worth, Texas 76102 1-800/633-8598 817/878-5826 PREF-592 MAN KALTN Each Subscriber and his Dependent Members are entitled to receive the services and benefits set forth in this Schedule of Benefits which are Medically Necessary and obtained in accordance with the IIII provisions of the Group Health Care Agreement/Subscriber Certificate of Coverage. A. Upon enrollment, each Member shall choose (or the Subscriber shall choose on behalf of his Dependents) a Primary Care Physician. If the Member fails to choose a Primary Care Physi- cian, Harris Health shall assign a Primary Care Physician for the Member. The names and ad- dresses of the Primary Care Physician from which the Member may choose shall be provided to each Subscriber upon enrollment. Services are provided or coverage arrangements are avail- able twenty-four (24) hours per day, seven (7) days a week by calling the telephone number provided for the Primary Care Physician. B. A Member may change their Primary Care Physician by contacting the Harris Health Member Services Department at the address or telephone number specified above. The change will be- come effective on the first day of the month following the request. C. All health care services, except those resulting from a Medical Emergency, are to be per- formed, prescribed, arranged, directed or authorized by the Primary Care Physician selected by the Member. When care by a Specialist Physician is necessary, the Primary Care Physician shall coordinate the referral to a Participating Specialist Physician. No referral is necessary for a female member to obtain obstetrical/gynecological services from a Harris Health participating OB/Gyn Specialist. If a required specialty is not represented in Harris Health, a referral may be made to a Non-Participating Provider. All such non-emergency referrals must be authorized by the Harris Health before services are obtained. Any Member may obtain additional information as to how medical services are obtained by contacting the Harris Health at the address speci- fied above. D. Except in cases of a Medical Emergency, or as a result of special prior approval by Harris Health as specified above, only those services provided by a Participating Provider shall be covered under this Schedule of Benefits. E. All services and benefits are subject to any stated Copayment amounts, limitations, and exclu- sions described in this Schedule of Benefits. J F. Any copayment expressed as a percentage of "Total Charges" shall mean the stated percent- age of the medical provider's preferred rate which is the amount paid to the medical provider by Harris Health. G. This Schedule of Benefits may be supplemented by additional benefit Riders if included with this Group Health Care Agreement/Subscriber Certificate of Coverage. H. The relationship between Harris Health and Participating Providers is that of independent con- tracting entities. Participating Providers are not agents or employees of Harris Health nor is Harris Health an employee or agent of any Participating Provider. Participating Providers shall maintain the physician-patient or professional-patient relationship with Members and shall be the only parties responsible to Members for the services provided. Neither Harris Health nor any employee of Harris Health shall be deemed to be engaged in the practice of medicine. Har- ris Health shall in no way supervise the practice of medicine by any Participating Provider, nor shall Harris Health in any manner supervise, regulate or interfere with the usual professional relationships between a Participating Provider and a Member. PREF-592 1 PRESCRIPTION DRUG RIDER FOR USE ONLY WITH GROUP HEALTH CARE AGREEMENT/SUBSCRIBER CERTIFICATE OF COVERAGE HARRIS HEALTH PLAN, INC. Health Maintenance organization _.___I 1300 Summit Avenue, Suite 300 Fort Worth, Texas 76102 800/633-8598 1.0 INTRODUCTION In consideration for the timely payment of premiums, and all other terms and conditions of the Group Health Care Agreement/Subscriber Certificate of Coverage ("Agreement"), it is agreed that the benefits of this Rider, together with the terms and conditions of this Rider, shall be added to Agreement as issued if this Rider is accepted by the Group. 2.0 DEFINITIONS Benefits for outpatient prescription drugs provided through this Rider shall be subject to the provisions and definitions of Agreement to which this Rider is a part. Prescription Drugs shall mean only those drugs and medicines which are prescribed by a Participating Physician, and legally require the written prescription of a Physician before they can be obtained by the Member. Heritable disease shall mean an inherited disease that may result in mental or physical retardation or death. Phenylketonuria (PKU) shall mean an inherited condition that may cause severe mental retardation if not treated. 3.0 BENEFITS For the purpose of this Rider, benefits for covered outpatient prescription drugs shall include only those drugs and medicines which are written by Participating Physician, and obtained from a Participating Pharmacy. Benefits limitations and Member cost shall be as follows: CoDayment by Member 0 $10.00 per new prescription or refill for each thirty-four (34) day supply or fraction thereof. o $240.00 per Norplant device. PDMIO-892 1 3.0 BENEFITS (Continued) COVERED ITEMS When prescribed by a Participating Physician and dispensed at a Participating Pharmacy, coverage will include: o Any Federal Legend Drugs o Any medicinal substance which includes the legend "Caution, federal law prohibits dispensing without prescription." o Any medicinal substance which may be dispensed by prescription only according to state law. o Any medicinal substance which has at least one ingredient that is Federal legend or State restricted in a therapeutic amount. o Oral contraceptives. o Injectable insulin, insulin syringes and miscellaneous diabetic supplies, including urine and blood glucose strips. o PKU and other heritable diseases supplements. o Nicorette gum and nicotine patches limited to one (1) course of treatment per lifetime. COVERED OUANTITIES As prescribed, up to a maximum of a thirty-four (34) day supply for each new covered prescription or refill. Prescriptions shall not be refilled until approximately 75% of the previously dispensed quantity has been consumed, based on dosage instructions of the physician. Members must pay in full for any amounts exceeding covered quantities, including lost or misplaced medications. COVERED REFILLS A maximum of five (5) refills per prescription shall be covered if allowed by law and authorized by Physician, provided such refills are dispensed within six (6) months of the initial prescription date. USE OF GENERIC DRUGS Whenever Possible, Participating Physicians will write prescriptions which permit substitutions of a generic product. If generic product is prescribed or permitted, only the generic cost will be covered. 4.0 MAIL ORDER PHARMACY BENEFITS For the purpose of this Rider, benefits for mail order outpatient maintenance prescription drugs shall include only those maintenance drugs and medicines which are obtained from a Participating Mail Order Pharmacy Provider. Benefit limitations and Member cost shall be as follows: o Copayment by Member - $10.00 per new prescription or refill for each ninety (90) day supply or fraction thereof. PDM10-892 2 4.0 MAIL ORDER PHARMACY BENEFITS (Continued) COVERED ITEMS/EXCEPTIONS Same' as described exceptions: o Anorexic drugs o Fluorides o Drugs requiring under Section 3.0 refrigeration "Benefits" with the following COVERED QUANTITIES As prescribed, up to a maximum of a ninety (90) day supply for each covered maintenance drug prescription or refill. Prescriptions shall not of the refilled consumed, based on approximately o previously of the physician. quantity has been con or misplaced for any tionounts exceeding covered quantities, including must pay in lost COVERED ~S A maximum of four (4) refills shall be covered if allowed by law and date, are ndspthee Member iin twelve authorized by Physician, provided vi prescription refills (12) months of the initial remains eligible for such benefit. EXCLUSIONS Same as described under Section 6.0 "Exclusions", and including exceptions listed above under "Covered Items/Exceptions" in this Section. 5.0 ELIGIBILITY Benefits under this Rider are available to the Subscriber and Dependents (Members) as identified in Agreement. Benefits provide no conversion privileges or benefit continuity for Members wpsthis Rider is entitled attached. Group benefits as set forth in Agreement to which 6.0 EXCLUSIONS o o IUD Devices Therapeutic or Prosthetic devices other non-medical products o Appliances, Supports or Medical Supplies except those listed as covered items o o Injectable Medications, other roduced s d than insulin from blood, blood plasma o p rug Prescription products o Experimental Drugs o Immunization Agents o Fertility Medications and blood PDM10-892 6.0 EXCLUSIONS (Continued) o Drugs not requiring a prescription (OTC, Vitamins, Cough Syrup, etc.), except PKU and other heritable diseases supplements o Drugs to be consumed in an inpatient or other institutional care setting o Drugs requiring parenteral use or subcutaneous use o Charges for cost difference in a brand name product when generic drugs are prescribed or permitted by physician o Nutritional or dietary supplement, or formulas other than o Prescription writtend by vitamins physicians o Medications dispensed by physician offices o Prescriptions Drugs for cosmetic conditions not covered in the Schedule of Benefits (such as Retin-A, Minoxidil, etc.) PDMIO-892 Benefits OONisit-Primary Care $15 Physician office visits, adult health assessments, routine and health education ell child care . , physical examinations, w nd treatment of illness or injury provided for diagnosis, care a by Primary Care Physician office visits from Specialist Physician i i $20.OoNisit-Specialist an c Phys $15.OONisit-Primary Care Annual well woman examination $20.00Nisit-Specialist $25.OONisit Physician office visits after hours No Copayment immunizations and injections $15.OONisit Home visits Primary o screening Hearing $15.OONisit , correction need for Physician to determine the Ca re Allergy diagnosis and/or testing; serum is not covered $50.00/Visit Administered drugs, medications, dressings, splints, and 5.OONisit-Primary Care $1 $20.OONisit-Specialist casts No Copayment Diagnostic services, laboratory tests, and x-rays Ultrasound, MRI, CAT, and non-routine laboratory tests $50.00/Test Surgery and/or anesthesia performed in the physician's office $50.00/Procedure (Phys.) or outpatient setting All physician fees including anesthesia while a member is nal radiology and pathology fees i f 20% of Total Charges o ess hospitalized, except pro Professional radiology and pathology fees No Copayment Physician fee in an emergency room or urgent care center 20% of Total Charges 2 PREF-592 Onl furnished on sservi enbyCtheasametProvlider.rTh slrCopaym nt willll bertheehigher orf all listed Copaymentssame date of Required Copayment For maternity services within the Service Area, Member shall be entitled to receive medical, surgical, and hospital care from Participating Physicians and other Providers during the term of the pregnancy, upon delivery, and during the postpartum period for normal delivery; for abortion and miscarriages; and for complications of pregnancy. Charges related to medical services connected with the home delivery of a newborn and services of mid-wives, unless provided as Emergency Care Services, will not be covered. Any normal delivery which occurs outside the Service Area within thirty (30) days of the expected date of confinement as specified by a Participating Physician, will not qualify for Emergency Care Services benefits, and will not be a covered benefit. Benefits for the child of an unmarried Dependent Member will be provided if the child is considered to be a dependent of the Subscriber for Federal income tax purposes, and upon payment of the applicable premium. Benefits Required Copayment Physician services for maternity care including delivery, 20% of Total Charges hospital visits, and anesthesia Physician care in the hospital for care of Eligible Newborn 20% of Total Charges Member shall be entitled to receive Medically Necessary hospital services, subject to all definitions, terms and conditions of this Agreement and Schedule of Benefits when performed, prescribed, arranged for, directed or authorized by Participating Physicians and received at Participating Hospitals. Members electing to remain in the hospital beyond the period which is Medically Necessary will be responsible for direct payment to the hospital for any such time beyond the discharge time authorized by the Participating Physician and/or the Harris Health Medical Director or his designee. Benefits INPATIENT HOSPITAL SERVICES: Required Copayment 20% of Total Charges Semi-private room, private if Medically Necessary, and all services and medical supplies related to inpatient treatment. OUTPATIENT HOSPITAL SERVICES (Including Ambulatory Facilities) Surgery $100.00/Procedure (Facility) Therapeutic radiation treatment 20% of Total Charges Inhalation therapy 20% of Total Charges Diagnostic testing, laboratory, and x-rays No Copayment Ultrasound, MRI, CAT, and non-routine laboratory tests $50.00/Test PREF-592 In cases of a Medical Emergency, Member is entitled to the benefits and services set forth in this Schedule of Benefits and in this Agreement even if the services are not received from Participating Providers. Member is entitled to receive these bona fide emergency services provided after the sudden onset of a medical condition manifesting itself by acute symptoms of sufficient severity, including severe pain, such that the absence of immediate medical attention could reasonably be expected to result in placing the patient's health in serious jeopardy, serious impairment to bodily functions or serious dysfunction of any bodily organ or part. All treatment for such services will be reviewed retrospectively by the Harris Health Medical Director o r his designee to determine whether an acute condition or situation indicated immediate emergency care to that no b need for ermergency care existed, the aMe Member twill bel responDirector or his designee sible ble for payment of all determines charges incurred for such care. WITHIN THE SERVICE AREA Emergency Care Services must be obtained or authorized through the Primary Care Physician who provides the Member with twenty-four (24) hours a day, seven (7) days a week access to call coverage to assist the Member in obtaining Emergency Care Services. At the time of a Medical Emergency, the Member or someone acting on behalf of the Member, shall make every reasonable effort to contact the Member's Primary Care Physician for advice. If it is not reasonably possible to contact the Primary Care Physician at the time (such as that of a life or limb threatening emergency), the Member shall seek care from a Participating Hospital or Participating Emergency Center. At the acting on time of the Member, shall notify Harris Hin a ealth witthinl twadmission, the enty-four (24)nhours eoroasssoonoas reasonably possible. Upon notification, the Harris Health Medical Director or his designee may coordinate transfer of the Member to the care of their Primary Care Physician or other designated provider when medically prudent to do so. Benefits (Within Service Area) Required Copayment Physician office visits $15.00/Visit-Primary Care $20.00Nisit-Specialist Physician office visits after hours Hospital emergency room and urgent care center services, including phys'cian fees Follow-up care is covered from Primary Care Physician only, or upon referral from the Primary Care Physician $25.00/Visit 20% of Total Charges $15.OONisit-Primary Care $20.OONisit-Specialist PREF-592 OUTSIDE THE SERVICE AREA coverage for Emergency Care Services while outside the Service Area are available provided that such Emergency Care Services cannot be reasonably delayed without risk to Member until the Member is able to return to the Service Area to obtain treatment from Participating Providers. At the time of a Medical Emergency which results in a hospital admission, the Member or someone acting on behalf of the Member, shall notify Harris Health within twenty-four (24) hours or as soon as reasonably possible. Upon notification, the Harris Health Medical Director or his designee may coordinate any transfer of management and control of the care to a Participating Provider or other designated provider in the Service Area as soon as medically prudent to do so. emergency sor follow-u ervices shpall be allowed when procedures in this section are not comclaim plied by the Member. Required Copayment Benefits (Outside the Service Area) Physician office visits for stabilization and emergency care $20.OONisit Sp ecaiaryst Care services only Physician office visits after hours $25.00Nisit 20% of Total Charges Hospital emergency room and urgent care center services for stabilization only, including physician fees Follow-up care is covered from Primary Care Physician only, $15.00Nisit-Primary Care $20.00Nisit-Specialist or upon referral from the primary Care Physician Family Planning Services will be available to Members on a voluntary basis. Covered services are limited to the use of Participating Providers and will include history, physical examination, related laboratory tests; medical supervision in accordance with generally accepted medical practice; information and counseling on contraception, including advice or prescription for a contraceptive method; education, including education on the prevention of venereal disease; and voluntary sterilization after appropriate counseling. Benefits Physician office visits, including related testing, education and counseling Fitting and dispensing of IUD and diaphragms Tubal ligation Vasectomy Required Copayment $15.OONisit- Primary Care $20.00/Visit-Specialist $15.OONisit-Primary Care $20.OONisit-Specialist $50.00/Procedure (Phys.) $50.00/Procedure (Phys.) PREF-592 Infertility services will be available to Members on a voluntary basis. Artificial insemination and diagnostic services to determine the cause of infertility will be provided from Participating Providers and Participating Facilities. Excluded from services to treat infertility are those services described in "Exclusions," Section XIX, Number 23 of this Schedule of Benefits. Benefits Required Copayment Physician office visits for diagnosis, non-psychiatric $15.OONisit-Primary Care counseling, artificial insemination, and sperm count $20.OONisit-Specialist Administration of infertility medications; infertility $15.OONisit-Primary Care medications not covered $20.OONisit-Specialist Endometrial biopsy, hysterosalpingography and diagnostic 20% of Total Charges laparoscopy Sonogram and/or ovulation kit $50.00/Test or Kit Member shall be entitled to all necessary care and treatment for chemical dependency on the same basis as that provided for any physical illness to a lifetime maximum of three (3) separate series of treatments for the member. Diagnosis and treatment for chemical dependency shall include detoxification and/or rehabilitation on either an inpatient or outpatient basis as determined to be Medically Necessary by Participating Physicians. All treatment is subject to the same limitations, exclusions, and copayments as applied to covered services of any other physical illness. A series of treatments is considered to be a planned, structured, and organized program to promote chemical free status which may include different facilities or modalities and is complete when: The member is discharged on medical advice from inpatient detoxification, inpatient rehabilitation treatment, partial hospitalization or intensive outpatient; or The member has received a series of these levels of treatments without a lapse in treatment; or The member fails to materially comply with the treatment program for a period of thirty (30) days. Benefits Office visits Necessary care and treatment for detoxification and/or rehabilitation from chemical dependency Intensive outpatient or partial hospitalization Required Copayment $15.OONisit-Primary Care $20.OONisit-Specialist $15,0ONisit-Primary Care $20.OONisit-Specialist 20% Total Inpatient Charges 20% Total Inpatient Charges PREF-592 OUTPATIENT MENTAL HEALTH SERVICES: Member shall be entitled to receive up to twenty (20) office visits per Calendar Year for evaluation, crisis intervention and stabilization, and for outpatient therapy in support of the evaluation or crisis intervention. Member must be referred by the Primary Care Physician or by the Harris Health designee to Participating Specialist. Services must represent treatment for conditions which in the judgment of Participating Providers can substantially benefit from short-term treatment. The twenty (20) visits maximum may include individual treatment, couple, or family visits. Benefits Required Copayment Outpatient office visits for crisis intervention and treatment $20.00Nisit Psychological testing 20% of Total Charges INPATIENT MENTAL HEALTH SERVICES: When determined to be Medically Necessary by Participating Physician or by the Harris Health designee, the Member shall be entitled to evaluation, crisis intervention, treatment or any combination thereof for acute conditions at a Participating Facility. Services must represent treatment for conditions which in the judgment of Participating Providers can substantially benefit from treatment, and requires inpatient treatment. Only treatment at the most appropriate level of care as determined by 'Participating Providers or by the Harris Health designee will be authorized by Harris Health. Chronic mental health conditions and long-term treatment are not covered. Benefits Inpatient hospitalization for up to thirty (30) inpatient days per Calendar Year. Psychiatric Day Treatment Facility, Crisis Stabilization Unit or Residential Treatment Center for Children and Adolescents for up to sixty (60) days per Calendar Year. Treatment in such facilities will be limited to sixty (60) days of care such that one (1) day of care shall be equal to one-half (1/2) day of inpatient care. Required Copayment 20% of Total Charges 20% of Total Charges PREF-592 Member shall be entitled to receive short-term physical or occupational therapy rehabilitation services from a Participating Provider for conditions which in the judgment of Participating Physicians are Medically Necessary, subject to significant improvement through short-term treatment, and authorized by Harris Health before services are obtained. Short-term treatment is defined as up to sixty (60) consecutive days or twenty-five (25) visits per condition, whichever is greater, and shall be provided on an outpatient basis only. Short-term rehabilitation services on an inpatient basis or in a skilled nursing facility will be authorized only if other non-rehabilitation medical services are required by the Member. Occupational therapy shall mean those services designed to prevent dysfunction, restore functional ability and facilitate maximal adaptation to impairment. Benefits Required Copayment Hospital, home health agency, or other provider for restorative $15.OONisit-Primary Care treatment subject to short-term clinical improvement, and $20.OONisit-Specialist limited to sixty (60) consecutive days or twenty-five (25) visits 20% Total Inpatient Charges per condition, whichever is greater. Long-term or maintenance services are not covered. Member shall be entitled to services and benefits provided within the Service Area for kidney dialysis upon prior authorization from Harris Health and by referral to Participating Providers, only if Participating Physician determines that such service represents the preferred method of treatment, and the Member satisfies criteria for the service involved. Coverage will be coordinated for any Member eligible for available coverage under the Medicare provisions for End Stage Renal Disease. Benefits Inpatient or outpatient hospital, or outpatient kidney dialysis center Home dialysis (continuous ambulatory peritoneal dialysis) including equipment, training, solutions, coils, drug and surgical supplies Benefits Member shall be entitled to both land and air ambulance services for Medically Necessary Emergency Care Services Required Copayment $20.00N1s1t-0 utpatie nt 20% Total Inpatient Charges $20.OONisit Required Copayment 20% of Total Charges PREF-592 Benefits Skilled nursing care; physical, occupational; or respiratory therapy; intravenous solutions; and home health aid services Required Copayment $15.OONisit Member is entitled to receive services in a Participating Skilled Nursing Facility for medical conditions which in the judgment of a Participating Physician is subject to significant clinical improvement and which require services which can only be provided at that level of care. Services in a Skilled Nursing Facility may be provided in lieu of hospitalization (either in lieu of admission or upon discharge from inpatient care) as Medically Necessary based on acuity of services and patient condition, are limited to sixty (60) days per Calendar Year, and include Participating Physician services only. Benefits Required Copayment 20% of Total Charges Room, board, medications and supplies while confined in a Skilled Nursing Facility as part of a short-term recovery or rehabilitation program 20% of Total Charges Participating physician visits while confined to Skilled Nursing Facility Benefits internal prosthetic appliances including internal cardiac pacemakers, and minor devices such as screws, wire mesh, nails, and artificial joints. Supply of or replacement of internal breast prothesis covered only if initial surgery was result of injury or disease. PREF-592 Required Copayment 20% of Total Charges Member shall be entitled to receive home health care services from a Participating Provider according to a treatment Plan approved by the Participating Physician, and with prior authorization from Harris Health. Treatment will be provided only for those medical conditions subject to clinical improvement through short-term treatment; for recovery or rehabilitation of illness or injury; or for treatment of terminal illness. $15.OONisit Hospice (home health service only) Member shall be entitled to prosthetic medical services or medical appliances if Medically Necessary, with authorization from Harris Health, and received from Participating Providers. While the Member is covered under this Agreement, initial prostheses are provided when required due to illness or injury. al changes occur which require replacement, and is Replacement provided f is provided which only when e marked to physical not Benefits External prosthetic appliances including artificial arms, legs, above or below knee or elbow prostheses; eyes, lenses, external cardiac pacemaker; terminal devices such as hand or hook; rigid or semi-rigid immobilizing devices such as arm, leg, neck or back braces; and ordinary splints, and crutches Required Copayment 20% of Total Charges Member shall be entitled to benefits received from a Participating Provider for certain durable medical equipment, as ordered by a Participating Physician, and with prior authorization from Harris Health. Durable medical equipment must be able to withstand repeated use, primarily and customarily serve a medical purpose, generally not be useful in the absence of illness or injury, require a Participating Physician's order, and be appropriate for use in the home. At its option, Harris Health may rent or purchase approved equipment. Harris Health retains the right of possession of equipment. Harris Health shall have no liability or responsibility for repair or replacement of equipment lost or damaged. Equipment not considered durable medical equipment is described in "Exclusions'', Section XIX, Number 31 of this Schedule of Benefits. Benefits Rental or purchase of medical equipment Required Copayment 20% of Total Charges The Member shall be entitled to services for the initial stabilization of acute accidental, non- occupational injury, to sound natural teeth with prior authorization by Harris Health, when provided within thirty (30) days of the accident on an outpatient basis only. While Member is covered under this Agreement coverage is limited to treatment of fractured or dislocated jaw, or to repair damage to sound natural teeth. Limitations and exclusions for dental services are described in Section XVIII, Number 3 and Section XIX, Number 17 of this Schedule of Benefits. Copayments will be the same as described for other illness or injury services. The maximum annual Copayments for covered benefits, under this Schedule of Benefits, shall not exceed the following in a Calendar Year as described in Section 5.3, of the Group Health Care Agreement/Subscriber Certificate of Coverage. Benefits Maximum Annual Copayments Per Member $2,000.00 Per Family $4,000.00 PREF-592 10 The following services are limited as described below: Any service, supply, or treatment which is not provided, ordered, performed, prescribed, directed, referred, arranged, authorized or approved by the Member's Primary Care Physician, or the Harris Health Medical Director or his designee, will not be covered; except for Emergency Care Services as described in this Schedule of Benefits. 2. Services by physicians, facilities or other providers, who are not Participating Providers, will not be covered; except for Emergency Care Services as described in this Schedule of Benefits, or those services authorized in advance in writing by the Harris Health Medical Director or his designee. 3. Care and treatment of, the teeth or gums, except for oral surgery for tumors or injuries to the jaw bone or surrgiindfrig tissue, is limited to the initial stabilization of acute, accidental non- occupational injury-to sound, natural teeth when provided within thirty (30) days of the accident on an outpatient basis only. 4. Coverage for vision examinations is limited to conditions which require examination to diagnose injury or illness, unless covered by Rider attached to this Agreement. 5. The benefit for durable medical equipment is limited to either the total rental cost or the purchase price of such equipment, whichever is less, as determined and authorized in advance by the Harris Health Medical Director or his designee. Harris Health shall have no liability or responsibility for repair or replacement of equipment lost or damaged. Care and treatment provided in non-participating hospital owned or operated by federal, state, county or city government is limited to the care for the condition which the law requires to be treated or provided in a public facility. The purchase or fitting of eye glasses or contact lens or advice on their care is limited to the initial set of eye glasses, contact lens, or lens implant required following cataract surgery, repair of congenital defect or as required by an accidental injury to the Member. Coverage for reconstructive surgery is limited to surgery necessary to repair a functional disorder resulting from disease, injury, or congenital defect. Supply or replacement of internal breast prothesis is covered only if initial surgery was a result of injury or disease. 9. Any normal delivery for the Member which occurs outside the Service Area, and is within thirty (30) days of the expected date of confinement, as specified by a Participating Physician, will not qualify as Emergency Care Services benefits described in this Schedule of Benefits. 10. Benefits for Dependents who are students temporarily residing outside the Service Area, are limited to Emergency Care Services only outside the Service Area. The Dependent must return to the Service Area for all other services. 11. Coverage for treatment of the temporomandibular (jaw or craniomandibular) joint is limited to Medically Necessary diagnostic services and/or surgical treatment as determined to be Medically Necessary by the Harris Health Medical Director or his designee. All services must be provided by a Participating Provider. Charges related to dental services for this condition are not covered. PREF-592 11 12. If Medically Necessary and authorized by the Harris Health Medical Director or designee, Harris Health will cover kidney transplants, corneal transplants, liver transplants for children with congenital biliary atresia, and bone marrow transplants for Aplastic Anemia; Leukemia; Lymphoma; Severe Combined Immunodeficiency Disease; or Wiskott-Aldrich Syndrome where traditional modalities of traditional medical therapy have been exhausted. Medical costs for organ procurement associated with the removal of an organ for a covered transplant when the recipient is a Member are limited to a maximum benefit of $10,000. Charges related to organ, tissue, or artificial organ transplants except as otherwise specified in this section are excluded. The donor's transportation costs are not covered. Services provided to any Member for the donation of any organ or element of the body are not covered. 13. Benefits for the infant child of an unmarried Dependent will be provided if the infant is considered to be a dependent of the Subscriber for Federal income tax purposes, and upon payment of the applicable premium. PREF-592 12 The following services and supplies, and the cost thereof, are excluded from coverage under this Agreement, unless specifically added by Rider to this Schedule of Benefits. 1. Charges related to any service or treatment which a Member would not be legally required to pay in the absence of this Agreement. 2. Charges related to personal, convenience, or comfort items such as personal kits provided on admission to a hospital, television, telephone, newborn infant photographs, guest meals, birth announcements, and other related articles which are not for the specific treatment of illness or injury. 3. Charges related to transportation, except charges related to land and air ambulance services for Medically Necessary Emergency Care Services described in Section XI of this Agreement. 4. Charges related to private hospital room and/or private duty nursing. 5. Charges related to services rendered by a person who resides in a Member's home, or by an immediate relative of the Member. 6. Charges related to services for military or service connected conditions for which the Member is legally entitled, and for which appropriate facilities are reasonably available to the Member. 7. Charges related to occupational injury or illness or conditions covered under Worker's Compensation. 8. Charges related to homemaker, chore or similar services; and health care services primarily for rest, custodial, respite, domiciliary, or convalescent care. 9. Charges related to reports, evaluations, or physical examinations not required for health reasons (not Medically Necessary). Excluded items are: reports for employment, insurance, camp, adoption, travel, or government licenses. 10. Charges related to drugs or medicines, prescription or non-prescription, provided to the Member while he or she is not an inpatient, unless added by Rider to this Schedule of Benefits. 11. Charges related to experimental drugs or substances not approved by the FDA for other than FDA approved indications; and drugs labeled "Caution - limited by Federal Law to investigational use." 12. Charges related to formulas, dietary supplements, or special diets provided to the Member on an outpatient basis. 13. Charges related to vision care. Excluded services are: examination for eye glasses; refraction, dispensing, or fitting of eye glass frames and lenses; all types of contact lens; eye exercise and visual training; and orthoptics; except as otherwise specified in Section XVIII, Number 4 of this Schedule of Benefits. 14. Charges related to radial keratotomy or other radial keratoplasties, and all costs associated with such surgery. PREF-592 13 15. Charges related to hearing aids, batteries, and examinations for fitting thereof unless added by Rider to this Schedule of Benefits. 16. Charges related to the care and treatment of the feet unless such services are Medically Necessary. Exclusions include routine foot care, such as removal of corns, calluses, or the trimming of nails; treatment for flat feet; orthotics; arch supports; or custom fitted braces and splints. 17. Charges related to dental care, except as otherwise specified in Section XVI of this Schedule of Benefits, including services related to the care, fillings, removal, or replacement of teeth; treatment of diseases of the teeth or gums; extraction of wisdom teeth; malocclusion or malposition of the teeth and jaws (mandibular hype rplasia/hypoplasia); professional services or anesthesia related to or required for the sole purpose to provide dental care; hospital care; inpatient or outpatient surgery required for any dental care; prescription drugs for dental treatment; dental x-rays; dentures; and dental appliances or prostheses. 18. Charges related to surgical procedures and other treatment associated with the treatment of obesity, regardless of associated medical or psychological conditions, including treatment of a complication of surgical treatment for obesity. Excluded procedures are: intestinal or stomach bypass surgery, gastric stapling, wiring of the jaw, insertion of gastric balloons, or similar procedures. 19. Charges related to transsexual surgery, including medical or psychological counseling or hormonal therapy, in preparation for or subsequent to any such surgery. 20. Charges related to services for cosmetic surgery or reconstructive surgery, except as otherwise specified as covered in this Schedule of Benefits. Cosmetic surgery exclusions are: rhinoplasty; scar revisions; prosthetic penile implants; surgical revision or reformation of any sagging skin on any part of the body, described as relating to the eye lids, face, neck, abdomen, arms, legs or buttocks; liposuction procedures; any services performed in connection with the enlargement, reduction, implantation or appearance of a portion of the body described as the breast, face, lips, jaw, chin, nose, ears, or genitals; hair transplantation; chemical face peels or abrasions of the skin; removal of tatoos; and electrolysis depilation. Supply or replacement of internal breast prothesis is covered only if initial surgery was a result of injury or disease. 21. Charges related to reduction mammoplasty, unless determined to be Medically Necessary by the Harris Health Medical Director or his designee. 22. Charges related to reversal of surgically performed sterilization or subsequent resterilization. 23. Charges related to surrogate parenting; in-vitro fertilization; GIFT procedures; and any costs associated with the collection or storage of sperm for artificial insemination including donor fees; and infertility medications unless added by Rider to this Schedule of Benefits. 24. Charges related to amniocentesis, ultrasound, or any other procedure performed solely for sex determination of the fetus. 25. Charges related to medical and hospital care for an infant of an unmarried Dependent Member, unless the infant is considered to be a dependent of the Subscriber for Federal income tax purposes, and applicable premium payment has been made. 26. Charges related to mental health services for psychiatric conditions which are determined by the Harris Health Medical Director or his designee, to be chronic or organic in nature, and which will not substantially benefit from short-term evaluation, crisis intervention and stabilization, or short-term treatment. PREF-592 14 27. Charges related to court ordered testing, and special reports not directly related to medical treatment. 28. Charges related to services for the treatment of mental retardation and mental deficiency. 29. Charges related to employment, vocational, or marriage counseling; behavioral training; remedial education, including evaluation and treatment of learning and developmental disabilities and minimal brain dysfunction; or attention deficit therapy. 30. Charges related to services for chronic intractable pain provided by a pain control center; acupuncture, naturopathy, and hypnotherapy; holistic or homeopathic care, including drugs; and ecological or environmental medicine. 31. Charges related to durable medical equipment, unless described in this Schedule of Benefits. Excluded items are: (a) equipment, such as motor driven wheel chairs and beds, possessing features of an aesthetic nature or features of a medical nature which are not required by the patient's condition; (b) items not primarily medical in nature or for the patient's comfort and convenience, such as bed boards, bathtub lifts, over-bed tables, adjust-a-bed, and telephone arms; (c) physician's equipment such as stethoscope and sphygmomanometer; (d) exercise equipment such as exercycles and enrollment in health or athletic clubs; (e) self-help devices not primarily medical in nature, such as sauna or whirlpool baths, chairs, and elevators; (f) corrective orthopedic shoes and arch supports; (g) supplies or equipment for common household use, such as but not limited to, air purifiers, central or unit air conditioners, water purifiers, allergenic pillows or mattresses, and water beds; and (h) research equipment or items deemed to be experimental as determined by the Harris Health. Harris Health shall have no liability or responsibility for repair or replacement of equipment lost or damaged. 32. Charges related to prosthetic medical appliances, except as specified in Section XIV of this Schedule of Benefits. Excluded items include: (a) dentures, hearing aids unless provided by Rider, and contact lens; (b) medical supplies such as elastic stockings, garter belts, arch supports, corsets, and corrective orthopedic shoes; (c) research devices or items deemed to be experimental as determined by Harris Health; and (d) replacement, repair, and routine maintenance of covered appliances or braces unless surgically implanted, or replacement required due to a marked change in physical growth or physical requirements. 33. Charges related to medical supplies, aids, and appliances except as otherwise specified as covered in this Schedule of Benefits. Excluded items are: consumables, disposable supplies, sheaths, bags, gloves, cervical collars, elastic stockings, stethoscopes, blood pressure units, traction apparatus, slings, TENS or electrical nerve stimulation devices, wigs or hair pieces, dressings, testing supplies, syringes, home testing kits, disposable diapers or incontinent supplies, and over-the-counter medications. 34. Charges related to inpatient or outpatient long-term neuromuscular, or occupational therapy services or other rehabilitation services in excess of sixty (60) days per condition or twenty- five (25) outpatient visits, whichever is greater. 35. Charges related to recreational or educational therapy, and any related diagnostic testing, except as provided by the hospital as part of an approved inpatient hospitalization. 36. Charges related to structural changes to a house or vehicle. 37. Charges related to any medical, surgical, or health care procedure or treatment held to be experimental or investigational at the time the procedure or treatment is performed. Harris Health will utilize findings and assessments of national medical associations, professional societies and organizations, and any appropriate technological body established by any state or federal government or similar entities to determine coverage and/or effectiveness. PREF-592 15 SERIOUS MENTALHEALTH RIDER FOR USE ONLY WITH GROUP HEALTH CARE AGREEMENT/SUBSCRIBER CERTIFICATE OF COVERAGE HARRIS HEALTH PLAN, INC. Health Maintenance Organim ion 1300 Summit Ave, Suite 300 Fort Worth, Texas 76102 8001633-8598 1.0 INTRODUCTION In consideration for the timely payment of premiums, and all other terms and conditions of the Group Health Care Agreement/Subscriber Certificate of Coverage ("Agreement") , it is agreed that the benefits of this Rider, together with the terms and conditions of this Rider, shall be added to Agreement as issued if this Rider is accepted by the Group. 2.0 DEFINITIONS Benefits for Serious Mental Health provided through this Rider shall be subject to the provisions and definitions of the Agreement to which this Rider is a part. Serious Mental Illness shall mean the following psychiatric illnesses as defined by the American Psychiatric Association in the Diagnostic and Statistical Manual (DSM) III-R: 1. Schizophrenia; 2. Paranoid and other psychotic disorders; 3. Bipolar disorders (mixed, manic, and depressive); 4. Major depressive disorders (single episode or recurrent); and 5. Schizo-affective disorders (bipolar or depressive). 3.0 BENEFITS For the purpose of this Rider, benefits for Serious Mental Illness care shall include only those services obtained from Participating Providers. Copayment by Member: Mental health services provided for Serious Mental Illness shall be provided subject to the same limitations, exclusions, and copayments as applied to covered services of any other physical illness. SMI-292 ) 4.0 ELIGIBILITY Benefits under this Rider are available to the Subscriber and Dependents (Members) as identified in Agreement. Benefits provide no conversion privileges or benefit continuity for Members when such persons are no longer entitled to Group benefits as set forth in Agreement to which this Rider is attached. 5.0 • Charges related to mental health services for psychiatric conditions determined by the Harris Medical Director or his designee, as not qualifying for coverage under this Rider will be subject to the same limitations, exclusions, and copayments as applied to mental health services listed in the Schedule of Benefits of which this Rider is a part. • Services must be obtained in accordance with Harris Health utilization review guidelines. SMI-292 2 SERIOUS MENTAL HEALTH RIDER FOR USE ONLY WITH HARRIS HEALTH GROUP HEALTHCARE AGREEMENT/ SUBSCRIBER CERTIFICATE OF COVERAGE ACCEPTED: t L& Group By: Awlu Date: REJECTED: Group By: _ Authorized Representative HARRIS HEALTH PLAN, INC. Senio4V.ee dent,Managed Carc MarAeling 1300 Summit Avenue, Suite 200 Fort Worth, TX 76102 (817) 878-5830 Date: I (.ll zCz 3 Date: IN-VITRO FERTILIZATION RIDER FOR USE ONLY WITH HARRIS HEALTH GROUP HEALTHCARE AGREEMENT/ SUBSCRIBER CERTIFICATE OF COVERAGE HARRIS HEALTH PLAN, INC. Health Maintenance Organization 1300 Summit Avenue, Suite 300 Fort Worth, Texas 76102 800/633-8598 1.0 INTRODUCTION In consideration for the timely paymentof premiums, and all other terms and conditions of the Group Healthcare Agreement/Subscriber Certificate of Coverage ("Agreement"), it is agreed that the benefits of this Rider, together with the terms and conditions of this Rider, shall be added to Agreement as issued if this Rider is accepted by the Group. 2.0 BENEFITS For the purpose of this Rider, outpatient expenses arising from in-vitro fertilization procedures for the Subscriber or the Subscriber's spouse, the following conditions shall apply: The fertilization or attempt at fertilization of the Member's oocytes is made only with Member's spouse's sperm. The Member and the Member's spouse have a history of infertility of at least five continuous years duration; or the infertility is associated with one or more of the following medical conditions: a. endometriosis; b. exposure in utero to diethylstilbestrol (DES); c. blockage of, or surgical removal of, one or both fallopian tubes (non-voluntary); or d. oligospermia. The Member has been unable to attain a successful pregnancy through any less costly applicable infertility treatments for which benefits are available under the Plan. The in-vitro fertilization procedures are performed at a medical facility that conforms to the American College of Obstetric and Gynecology guidelines for in-vitro fertilization clinics or to the American Fertility Society minimal standards for programs of in-vitro fertilization. Benefits for in-vitro fertilization procedures shall be provided to the same extent as the benefits for other pregnancy-related procedures under the Plan. NF188 3.0 ELIGHHLrFV Benefits under this Rider are available to the Subscriber and the Subscriber's spouse. Bents provide no conversion privileges or benefit continuity for Members when such persons are no longer entitled to Group benefits as set forth in Agreement to which this Rider is issued. 4.0 LIMITATIONS Benefits shall be provided only if recommended by a Harris Health Primary or Harris Health Specialty Physician and have received prior written approval from the Harris Medical Director of his designee. IVF188 2 IN-VITRO FERTILIZATION RIDER FOR USE ONLY WITH HARRIS HEALTH GROUP HEALTHCARE AGREEMENT/ SUBSCRIBER CERTIFICATE OF COVERAGE HARRIS HEALTH PLAN, INC. By. /2' ij Senior Vice resident, Managed Care Marketing 1300 Summit Avenue, Suite 200 Fort Worth, TX 76102 (817) 878-5830 Date: l / % /1' REJECTED: Group By: Authorized Representative Date: CITY OF DENTON REQUEST FOR BID BID NO. 1523 Health Insurance Program Due: September 24, 1993 Prepared: 06/28/93 CITY OF DENTON Request for Bid for Group Medical TABLE OF CONTENTS Page Background and General Information . . . . . . Scope of Specifications and Instructions . . . Plan Assumptions (Exhibit I) . . . . . . . . . Bid Submission Form (Exhibit II) . . . . . . . 2 6 Current schedule of Benefits (Exhibit III) . . . . . Plan Experience (Exhibit IV) . . . . . . . . . . . . Carrier/Underwriter Profile (Exhibit V) . . . . . . . Census Data (Exhibit VI) . . . . . . . . . . . . . . . . . . 12 . . . . 16 . . . . 21 . . . . 22 AAA01836 BACKGROUND AND GENERAL INFORMATION The City of Denton is a city of 68,000 population and was incorporated in 1866. Denton is located approximately 40 miles north of Dallas and Fort Worth. It sits at the apex of a triangle that encompasses the Dallas-Fort Worth metropolitan area. Although it benefits from the forward thrust and continuous expansion of the largest Consolidated Metropolitan Statistical Area in the state, Denton and its economy stand proudly independent. The City of Denton has a work force of approximately 850 employees. The city has had an effective safety and risk management program since 1970. The services the City provide consist of law enforcement, fire safety, paramedics/ rescue, refuse collection, sanitary landfill, electric, water, sanitary sewer, storm sewer, animal control, parks/ recreation, library and airport. In general, we are a full-service city; however, there is no city hospital or rest home. Two major universities University of North Texas and Texas Woman's University along with a fully accredited public school system, allow local citizens every educational advantage possible and a rich blend of cultures. The eastern and western branches of Interstate Highway 35 meet in Denton, making it conveniently accessible to everything in Dallas and Fort Worth. Denton offers worlds of opportunities to the prospective developer, business person or industrialist. Texas Instruments has a plant here and other industries are expanding. Any questions regarding the City's current health plan or this bid should be directed to Ike Obi at (817) 566-8340. Questions concerning the bid submittal should be directed to Tom Shaw at (817) 383-7100. AAA01836 -1- SCOPE OF SPECIFICATIONS & INSTRUCTIONS The City will entertain proposals on fully insured managed care plan basis. The specifications contained herein will encompass Network Only and Non-Network Plans. since we are presently evaluating options to reduce our cost, we are seeking optional quotes on plans designed to achieve this. We, in essence, urge innovative approaches to health care coverage. The City of Denton is seeking an insurance policy/ agreement to become effective January 1, 1994, for a minimum of one (1) year. The policy shall provide, if not cancelled prior to December 31, 1994 in accordance with the terms of the policy/agreement, bid submission form, and/or request for bidders, for the renewal of this policy for two (2) successive twelve (12) month periods, thereafter subject to the renegotiation of the terms of this policy, if City Manager and insurance company agree, without the necessity of rebidding this insurance proposal as long as the cost of insurance during either the first or second twelve (12) month successive period does not increase more than 30% and the plan design benefits do not decrease more than 30%. However, this proposal may be terminated if insurance company and City are unable to agree in writing to a mutually agreeable plan design and insurance cost no later than seventy-five (75) days prior to the end of the preceding period. The City is interested in a fully insured managed care proposal. The instructions contained herein apply to all sections; otherwise, each section can stand alone, or be a part of a partial or total package. Although the City is interested in packaging these coverages, for a number of reasons, it is understood that all coverages contained within these specifications cannot necessarily be incorporated into a single policy, either because of Texas law, or because some of the coverages do not lend themselves to that procedure. The City is allowing for the possibility that some agencies or underwriters would prefer not, or be unable, to quote all coverages in these specifications and will not place packaging over another alternative which is clearly beneficial to the City and the taxpayers. The City will also accept and encourage innovative and alternative methods of pricing and coverage of risks so long as they do not violate Texas law; however, exceptions must be noted and made in addition to the specifications, which should be adhered to for the purpose of proper comparison, and all such variations must be clearly detailed, including advantages claimed to be gained thereby. Please review the entire scope of specifications, instructions, and the specification package carefully before submitting quotations. AAA01836 -2- Scope of Specifications & Instructions Conflicts Between Request for Bid and Bid Should a conflict arise between the terms and provisions of this request for bid and the bid of the insurance company (which includes insurance policies, insurance agreement, etc.) the terms and provisions of this request for bid will prevail. Incontestability Provisions Are Inapplicable City and Bidders agree that if a conflict arises relating to an interpretation or meaning of the terms and provisions of City's request for bid and the bid of the insurance company (which includes insurance policy and insurance agreement, etc.t such conflict will not be resolved through arbitration or be waived by the parties, but will be resolved by judicial review in the courts in Denton County, Texas. Duty of Carrier in order for bids to be compared on an identical basis, it is necessary that all portions of the document, including requests for specific information about coverage, ratings, services, forms and general information regarding the carrier, be completed and adhered to. Carriers participating in this process must guarantee that these specifications will be used in their presentations to their underwriters without modification. For purposes of comparison, it is important that quotations be submitted on this bid form (see Exhibit II). Any amendments or innovations must be submitted by addendum to this specific package and so noted. Sample insurance policies and insurance agreements, including endorsements, must be submitted with all quotations. Commitments in writing from underwriters and re-insurers are also required as a part of the quotations. Any carrier which is unable or unwilling to meet the specifications shall so state (with a full explanation) and detail the coverages affected, whether or not adversely, in a supplementary letter to be attached to the submitted quotation, specifically noted and made a part thereof. Underwriters' Oualifications All carriers must be licensed to do business in the State of Texas and maintain a BEST's Insurance Guide rating of at least A (excellent). Exhibit V must also be completed. Caveat Although every effort has been' made to provide accurate and up-to-date information, companies supplying quotations should contact the City for any questions that you might have. AAA01836 -3- Scope of Specifications & Instructions contract stipulation Any carrier chosen by the City of Denton will be required to cover all eligible employees of the City that are currently covered regardless of whether they are actively at work or not. Additionally, the carrier must provide coverage equal to the coverage supplied existing employees, to both former employees and deceased employees and their families as required by law, and including, but not limited to, Texas Senate Bills 97 and 404 passed during the 1993 legislative session. The City is subject to the provisions of the Consolidated OMNIBUS Budget Reconciliation Act of 1986 (COBRA). Proposals must conform to this law. Administration The successful bidder will be required to perform all necessary administrative functions in order to effectively manage the benefit plans and to comply with prevailing laws and regulations. These functions include, but are not limited to, the issuing of booklets, Certificates of Insurance, I.D. cards and master policies as well as providing for claims auditing and processing, computer- generated experience reporting at least quarterly, enrollment materials, claim forms, and conversion forms. All costs associated with the provision of such services must be included in the rates and reflected within the retention illustration. The City alsc desires representatives from the selected carrier to be available to conduct large group meetings if deemed necessary. Criteria for Bid selection The award of the contract will not be based on cost alone. The City will evaluate the bids on rates as well as the following: 1. Claims processing capabilities 2. Contractual requirement (i.e., billing etc.) 3. Ability or willingness to make a timely, accurate and inexpensive transition with current carrier. 4. Ability to service contracts. 5. Bidder's financial stability. 6. Ability to provide claims data in the forms necessary to track the performance of the plan. 7. Full text of insurance policy and insurance agreement you are bidding. Times and Locations for Filing Ouotations Quotations shall be considered irrevocable for ninety (90) days, and the City of Denton reserves the right to accept or reject any or all quotations and waive any informalities in any quotation. Note: Bidder should provide an'explanation for all items giving as much information as possible, including a transition plan samples of claims reports, and other information. AAA01836 -4- Scope of Specifications & Instructions Request for detailed specifications, loss experiences, and questions should be directed to Ike Obi, City of Denton at (817) 566-8340. All quotations must be submitted with two copies (in a sealed envelope, clearly marked "Insurance Quotations for the City of Denton, Texas") on or before September 24, 1993, at 2:00 p.m. to: Mr. Tom Shaw Purchasing Department service center 901 B Texas Street Denton, Texas 76201 AAA01836 -5- The following exhibits and instructions are pertinent to the completion of this bid. EXHIBITS INSTRUCTION/COMMENTS I. Plan Assumption II. Bid Submission Form III. Schedule of Benefits IV. Plan Experience V. Carrier/Underwriter Profile vi. Census Data See Exhibit I Please do not rather submit your standard bid, complete the bid form. Details of benefits provided under the current plan Exhibit III. Basic information on carrier and/or underwriter must be completed. AAA01836 _6 EXHIBIT I ASSUMPTION 1. Plan Year January 1, 1994 - December 31, 1994 2. Contract Multi-year contract as the City of Denton is interested in a long term association with carrier. The City requires a rebid of its health insurance program every three years. 3. Plan Design Two Basic Plan Designs (Exhibit III) A. Network Provider B. Non-Network Provider Miscellaneous provisions for excep- tions such as services outside service areas, emergency service outside service areas. Bidders must agree to include at least one of the two local hospitals in the Network Provider List. A fully-insured proposal. 4. Funding Fully-insured managed care plan. The plan will be net of commission. 5. Claims History See Exhibit VI. AAA01836 -7- EXHIBIT II CITY OF DENTON BID SUBMISSION FORM FOR FULLY-INSURED Managed Care BID Carrier/Vendor: Date: Completed By: Phone Number: 1. Premium Rate for the Health Plan, net of commissions: (Name & Title) Monthl y Cost Active Current Benefits Proposed Benefits a. Employee Only 5 $ b. Employee & Spouse $ S C. Employee & Child $ S d. Employee & Family e. How long are rates guaranteed? $ mo/yr S mo/yr Retirees Under 65 a. Retiree Only $ S b. Retiree and Spouse S $ C. Retiree and Children S 5 d. Retiree and Family S S Retirees 65 or over (on Medicare l a. Retiree Only $ $ b. 2 on Medicare $ 5 C. 1 on, 1 off $ S d. 1 on, 1 off + Family $ 5 e. 2 on + Family $ $ f. How long are retiree rates mo/yr mo/yr guaranteed? 2. Are there any other fees in additi on to the Premium Rates? If yes, identify and state the amount. PURPOSE AMOUNT Identification Card $ Medical Conversion $ Large Claim Management S Bank Reconciliation 5 5 5 S S AAA01836 -8- Exhibit II 3. a. What claim payment software do you use? b. Where are your claims processed? 4. Is a software system or vendor change planned for the period 01/01/94- 12/31/94? If so, to what system/vendor? 5. Assuming that the contract for the City of Denton plan will be effective January 1, 1994, provide a detailed implementation plan for the transition on a separate sheet of paper. Be specific concerning your capabilities to load detailed coverage and claims history information. 6. Claim payment software features: Which of the following features are inherent to your current claim payment software? Yes No a. Hard coded plan design - b. Direct eligibility interface - C. Deductible applied and calculated - d. Out-of-pocket applied and calculated - e. Duplicate payment audit - f. Pooled claim accounting - g. Interface to pre-certification service - 7. What percent of claims are subject $ to internal claim office audit? 8. What is your claims processing accuracy rate? a. Transaction a b. Dollar Value 8 9. Please provide the most recent internal audit report (within the last year), verifying your claims processing accuracy levels. Yes No 10. Will your claim system facilitate a future - PPO plan design, either as a per diem based, or reduced charge, of higher coinsurance percentage, etc.? Yes No 11. can the City of Denton Human Resources - Department access their claim files electronically and directly via an on-site modem? $One-Time SRecurrinc If so, what are costs (one-time and recurring?) AAA01836 -9- Exhibit II 12. Do you offer the following Utilization Review services? If so, please identify the services provided and describe your billing structure and estimated costs for each of the areas previously mentioned; i.e.: initial setup fees, monthly fees/employee or fees/service, minimum fees, etc. Per Service Setup No Yes No EE Mo. Fees Fees Fees HOSPITALIZATION Pre-certification Reviews: Continued Stay Reviews: Concurrent Stay Reviews: SURGERY Second Surgical Opinion Reviews: Outpatient Surgery Reviews: LARGE CASE MANAGEMENT Research of Catastrophic Cases: AIDS Case Management: Mental Health Case Management: OTHER SERVICES Bill review G Claim Audits: DRG Validations: Ancillary Service Evaluations: * Analysis Reports: TOTAL FEES 13. Fund Balance Statement (Recap of Check Register showing fund balances with interest earned, when deposits were made, etc.) 14. Hospital Utilization Reporting (Frequency and bed days) 15. Please provide a list of 3 client references, and a list of 3 former clients who have discontinued your services within the last two years. 16. Please provide a sample specimen of all agreements/contracts, etc. for all the above listed services. *Contact Ike Obi for sample of Claims Management Reports at (817) 566-8340. AAA01836 -10- Exhibit II 17. Please provide the most recent audited financial statement or a "Statement of Condition" if an audited financial statement is not applicable, for your firm. 18. If any insurance is quoted on a retention basis, please explain the reserves that will be established, the methodology for determining the amounts, and the disposition of the reserves upon termination of the contract. 19. Please explain the COBRA administration offered by your organization and any additional costs for these services. 20. Does your bid require that you provide all of the insurance and/or services specified in this bid, or will you "unbundle" the services quoted? 21. Please provide your recommended plan designs based upon the network vs. non-network point of service option. 22. Please provide sample plan management reports including profit and lose sample reports. AAA01836 -11- EXHIBIT III CURRENT SCHEDULE OF BENEFITS CITY OF DENTON SERVICE NETWORK NON-NETWORK PHYSICIAN'S OFFICE VISIT $15 per visit. $50 Deductible plus 408 of copay for diagnostic schedule plus any amount services (1) over schedule (2) PREVENTIVE CARE Well Baby (Recommended Schedule) Routine Immunizations Annual Health Assessment Employee/Covered spouse 35 years or older. Includes: Chest X-Ray, Urinalysis, EKG, Blood testing. WELL WOMAN EXAM Annual (once every 12 months) $15 per visit. $50 copay for diagnostic services (1) $15 per visit. $50 copay for diagnostic services (1) $15 per visit. $50 copay for diagnostic services (1) $15 per visit. $50 copay for diagnostic services (1) Not covered. Not covered. Not covered. Not covered. ROUTINE VISION, SPEECH, HEARING SCREENING 0 through age 17 $15 per visit. $50 copay for diagnostic services (1) Not covered. IN-HOSPITAL SERVICES (4) No limits on medically necessary days Must be pre- certified by Intracorp Semi-private room All necessary hospital services $500 deductible, 1008 $300 per admission deductible plus the non- network deductible plus 408. AAA01836 -12- Exhibit III SERVIC NETWORK NON-NETWORK OUTPATIENT HOSPITAL SERVICES Surgery or Treatment $75 per visit, 1008 Deductible plus 408 of eligible charges. MATERNITY CARE Physicians Visits $15 per visit. $50 Deductible plus 408 of copay for diagnostic schedule plus any amount services (1) over schedule. In-Hospital Services $500 deductible, 1008 $300 per admission deductible plus non- network deductible plus 408 of eligible charges. Newborn Nursery (3) No additional copay 408 of eligible charges. Physicians Services covered Not covered. for Newborn EMERGENCY OR URGENT CARE (In case of Accident or Sudden and Serious Illness) Hospital Emergency $75 per visit, 1008 $75 per visit, 1008 Room or Urgent Care Facility (4) Physician's Office $15 per visit. $50 $15 per visit plus $50 (4) copay for diagnostic copay for other services (1) services, if any (1) MENTAL HEALTH/SUBSTANCE ABUSE (Serious mental illness or Substance abuse) Physician's office $15 per visit. $50 Deductible plus 408 of (5) copay for diagnostic schedule plus amount in services (1) excess of schedule. In the Hospital (5) $500 deductible, 1008 $300 per admission deductible plus the non- network plus 408 of eligible charges. PHYSICAL THERAPY (6) $15 per visit. $50 Deductible plus 408 of copay for diagnostic eligible charges. services (1) FAMILY PLANNING Based on Service Not covered. provided INFERTILITY SERVICES $15 per visit. $50 Not covered. copay for diagnostic services (1), AAA01836 -13- Exhibit III SERVICE NETWORK NON-NETWORX DETECTION & CORRECTION OF BODY DISTORTION (7) PRESCRIPTION DRUGS (8) MAINTENANCE DRUGS ALL OTHER ELIGIBLE SERVICES ANNUAL DEDUCTIBLE* COINSURANCE* INDIVIDUAL LIFETIME MAXIMUM* $15 per visit. $50 copay for diagnostic services (1) $150 deductible; $5 copay, generic; $15 copay, brand Up to 100 days Supply; one copay Deductible plus 408 of eligible charges. Not covered. Not covered. Deductible plus 208 (4) $500 plus a $150 drug deductible per calendar year, 3 per family (2) $1,000 $2,000 (not including $15 office visit copay) $1M 408 up to $6,000 plus amount in excess of per diems & schedules. $1M *Family Limit is three (3) times individual maximum. Out-of-Service Area Residents For covered persons who reside outside service are (50-mile radius of City of Denton) plan of benefits is $500 deductible plus 808 of eligible charges up to a $2,000 out-of-pocket maximum. Important Notes: (1) This is a maximum copay which applies to diagnostic work done in conjunction with the specific provider visit whether the diagnostic service is performed at that provider's office or another diagnostic service office/laboratory. $50 copay is applied toward the Annual Deductible. (2) Eligible charge is the per diem or schedule offered by Network Hospital. Amounts in excess of that per diem or schedule do not apply to out-of- pocket maximum. (3) No additional copayments are necessary while mother and child are confined at same time. (4) An additional $500 deductible will be applied if a hospital stay is not pre-certified by Intracorp. No benefits are available for days which are not determined to be medically necessary. If patient is admitted to hospital from emergency room, the Emergency Room Copay will apply towards the inpatient deductible. (5) An employee must pre-certify mental health and/or substance abuse treatment with IBH before beginning any treatment plan (see page 8). (6) Physical Therapy services are limited to sixty (60) visits per medical condition. (7) Detection and Correction of Body Distortion benefits are subject to a maximum benefit of $500 per calendar year. AAA01836 -14- Exhibit III (8) AESTAT: If your physician permits or orders a generic drug and you decide to purchase brand, the cost will be generic copay plus the entire difference price between generic and brand. AAA01836 -15- EXHIBIT IV PLAN EXPERIENCE AAA01836 -16- EXHIBIT IV CITY OF DENTON PLAN EXPERIENCE JANUARY 1992 THROUGH MAY 1993 PLAN DEMOGRAPHICS/PREMIUMS, 1993 Employee Monthly Employees' City's *coverage Count premiums cost cost Employee Only 370 $201.25 $11.50 $189.75 Employee + Spouse 83 312.80 123.05 189.75 Employee + Children 176 270.25 80.50 189.75 Employee + Family 178 340.00 201.25 189.75 807 * Call Ike Obi at (817) 566-8340 for current Retiree Rates 1992 PLAN YEAR Month Premiums Medical Claims Prescription Drug Jan $ 171,754 $ 0 $ 4,096 Feb 202,728 41,119 8,808 Mar 190,711 186,623 9,569 Apr 196,377 229,068 13,979 May 195,177 144,166 16,679 Jun 195,962 308,488 17,636 Jul 194,517 182,947 18,010 Aug 184,223 217,513 17,132 Sep 186,393 210,015 20,603 Oct 191,259 153,004 21,876 Nov 196,389 102,160 22,561 Dec 194.858 156,375 26.754 TOTAL $2,300,348 $1,931,478 $197,703 1993 PLAN YEAR miums P Prescription Druv Month re Jan $ 221,104 $ 143,968 $ 36,575 Feb 245,914 115,086 2,643 Mar 209,785 174,315 13,329 Apr 225,452 147,887 13,404 May 223,098 149,775 14.621 TOTAL $1,125,353 $ 731,031 $ 80,572 AAA01836 -17- EXHIBIT IV (continued) CLAIMS BY TYPE OF PROVIDER Jan. 1, 1992 to Dec. 31, 1992 PROVIDER GROUP PAID HOSPITAL PROVIDER $ 845,771 Inpatient 514,670 Room Ancillary 11,686 Outpatient 290,537 Emergency Room 28,806 Others 71 PHYSICIAN PROVIDER 11040,207 Nonsurgical 76,858 M. D. Inpatient Surgery 103,002 M. D. Outpatient Surgery 201,363 M. D. Maternity 93,018 M. D. All others (Lab., X-ray, etc.) 565,967 PRESCRIPTION DRUGS 197,703 OTHERS 55,996 TOTAL CLAIMS COST $2,139.677 AAA01836 -18- EXHIBIT IV (continued) CLAIMS BY TYPE OF PROVIDER Jan. 1, 1993 to June 30, 1993* PROVIDER GROUP PAID HOSPITAL PROVIDER Inpatient Room Ancillary Outpatient Emergency Room Others PHYSICIAN PROVIDER Nonsurgical M. D. Inpatient M. D. Outpatient M. D. Maternity M. D. All others (Lab., X-ray, etc.) PRESCRIPTION DRUGS OTHERS TOTAL CLAIMS COST * For claims data for the period shown above, please contact Ike obi at (817) 566-8340. AAA01836 -19- EXHIBIT IV (continued) HIGH CLAIM REPORT - $10,000 AND OVER JANUARY 1, 1992 TO MAY 31, 1993 DIAGNOSIS AMOUNT PAID Neoplasms (Tumors) $43,495 002 41 Neoplasms (Tumors) , 593 39 Digestive Systems , 206 38 Perinatal Conditions , 37,598 Neoplasms Circulatory System 30,864 Genitourinary System 28,005 360 26 Circulatory System , 378 21 Circulatory System , 708 20 Digestive System , 680 18 Musculoskeletal System , 17,912 Mental Disorders 857 17 Genitourinary System , 16,754 Mental Disorders 15,624 Respiratory 581 14 Mental Disorders , 13,647 Neoplasms Musculoskeletal System 11,983 Genitourinary System 10,568 10,337 Digestive System 10,000 Mental Disorders 10,000 Mental Disorders AAA01836 -20- EXHIBIT V 1. Name of Firm Address 2. Name of Principal 3. ownership of Firm 4. Date Firm Was First Formed 5. other Locations (City and state) 6. Location of Headquarters (City and State) 7. Location of Claims processing office Tel. 8. Fidelity Bond $ (Submit Copy of Face Page of policy or Certificate) 9. References: 1. 2. 3. 4. CARRIER/UNDERWRITER PROFILE City/State Name of Contact Tel. 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1010m10m10mNmNmNm10m10m10mm10mN10101010mmm10m10m10101010101010mm10101010mm10mOmN~D IO--MmO-NMP 101DnmmO m 10OmmO^NMP 101Dn¢1001NMPmmOmmO^NMa10m0Wm m OOmmmmmWmmmmmmmmmOOOOOOOOOO_--..---__-NNNNNNNNNNM o mmmommmmmmmommmmmmmmmMMMooooo00000000000000000000000000 r m m m T J 7 p Q LL W m ¢ z O r W ¢ 2 < O_ U I - U 2 ~ w Q ¢ p < < a m o z > < U Y J 2 H 6 W J U J O < w U Q LL p f w m o 0 2 m v N O fW JU M O O U¢ N i0 m O W 6 m m O z m m r m U 1p m K N Y N W 6 O n N r ~D Ew r N N O J¢ - N r ¢ U~. O r N N m r r r r 5 - m i o .e .n ~o aN Im 10 ~O Im 10 +m IN to .W IN 0 N I N I O tN N +O U O w N W :O O m LL + Ip 10 1 10 ~N 10 t0 I t0 IW ♦ I YO ♦ Im Y +O la -o IN J p $ W < 6 U U w W IA CITY OF DENTON BID SUBMISSION FORM FOR FULLY-INSURED Managed Care BID CarrierNendor: Harris Methodist Health Plan Date: September 24 1993 Completed By: Robert I Hurst Jr ./Director of Sales (Name & Title) Phone Number: (817) 878-5830 1. Premium Rate for the Health Plan, net of commissions: Monthly Cost Preferred Plan w/$10.00 Prescription Rider and Active Current Benefits Serious Mental Health Rider a. Employee Only $ N/A * $188.50 b. Employee + Spouse $ N/A $292.98 C. Employee + Child $ N/A $253.13 d. Employee + Family $ N/A $318.45 e. How long are rates guaranteed? N/A mo/yr 1 Year Retirees Under 65 A. Retiree Only $ N/A $255.34 b. Retiree and Spouse $ N/A $493.35 C. Retiree and Children $ N/A $398.71 d. Retiree and Family $ N/A $604.26 Retirees 65 or Over (Medicare serves as Primary) a. Retiree Only $ N/A $ 94.25 b. 2 on Medicare $ N/A $188.50 C. 1 on, off $ N/A $384.54 d. I on, I off + Family $ N/A $557.58 e. 2 on + Family $ N/A $368.00 f. How long are retiree rates guaranteed? N/A mo/yr 1 Year * Not Applicable I CITY OF DENTON BID SUBMISSION FORM FOR FULLY-INSURED Managed Care BID Carrier/Vendor: Harris Methodist Health Plan Date: September 24 1993 Completed By: Robert 1 Hurst ]r /Director of Sales (Name & Title) Phone Number: (817) 878-5830 - 1. Premium Rate for the Health Plan, net of commissions: Monthly Cost Plan 10 w/$10.00 Prescription Rider and Active Serious Mental Health Rider a. Employee Only $ N/A * $199.60 b. Employee + Spouse $ N/A $310.28 C. Employee + Child $ N/A $268.08 d. Employee + Family $ N/A $337.27 e. How long are rates guaranteed? N/A mo/yr I Year etirees Under 65 a. Retiree Only $ N/A $270.38 b. Retiree and Spouse $ N/A $522.48 C. Retiree and Children $ N/A $422.25 d. Retiree and Family $ N/A $639.97 Retirees 65 or Over (Medicare serves as Primary) a. Retiree Only $ N/A $ 99.80 b. 2 on Medicare $ N/A $199.60 C. 1 on, off $ N/A $407.18 d. 1 on, 1 off + Family $ N/A $590.42 e. 2 on + Family $ N/A $389.68 f. How long are retiree rates guaranteed? N/A mo/yr I Year * Not Applicable CITY OF DENTON BID SUBMISSION FORM FOR FULLY-INSURED Managed Care BID Carrier/Vendor: Harris Methodist Health Plan Date: September 24 1993 Completed By: Robert 1 Hurst Jr, /Director of Sales (Name & Title) Phone Number: (817) 878-5830 1. Premium Rate for the Health Plan, net of commissions: Monthly Cost Preferred Plus w/ Prescription Rider and Active Current Benefits Serious Mental Health Rider a. Employee Only $ N/A* $217.80 b. Employee + Spouse $ N/A $337.59 C. Employee + Child $ N/A $291.85 d. Employee + Family $ N/A $368.08 e, How long are rates guaranteed? N/A mo/yr l Year Retirees Under 65 a. Retiree Only $ N/A $295.03 b. Retiree and Spouse $ N/A $568.47 C. Retiree and Children $ N/A $459.69 d. Retiree and Family $ N/A $698.43 Retirees 65 or Over (Medicare serves as Primary) a. Retiree Only $ N/A b. 2 on Medicare $ N/A C. 1 on, off $ N/A d. 1 on, 1 off + Family $ N/A e. 2 on + Family $ N/A f. How long are retiree rates guaranteed? N/A mo/yr * Not Applicable $108.90 $217.80 $444.31 $644.25 $425.21 1 Year 3 2. Are there any other fees in addition to the Premium Rates? If yes, identify and state the amount. Purpose Amount Identification Card $ -0- Medical Conversion $ -0- Large Claim Management $ -0- Bank Reconciliation $ -0- 3. a. What claim payment software do you use? Response: Model 204, internally developed in 1986. b. Where are your claims processed? Response: Harris Methodist Health Plan 1300 Summit, Suite 300 Fort Worth, TX 76102 4. Is a software system or vendor change planned for the period 01/01/94 - 12/31/94? If so, to what systemlvendor? Response: No 5. Assuming that the contract for the City of Denton plan will be effective January 1, 1994, provide a detailed implementation plan for the transition on a separate sheet of paper. Be specific concerning your capabilities to load detailed coverage and claims history information. Response: Harris Methodist Health Plan is prepared to work in partnership with the City of Denton in order to plan and provide a smooth transition. Our intent is to develop with the City of Denton specific time frames and activities. Please refer to the "Implementation Timeline" exhibit for activities suggested but not limited to. Our system has the following alternatives for new employer groups with respect to loading detailed coverage and claims history information: 1. Harris Methodist Health Plan can enter manually from explanations of benefits submitted by the employee, or from a report provided by the employer/previous administrator. 2. Employer/Previous administrator may provide information in tape or diskette format. The determination of what is entered into the system is based on the amount and types of data captured by the prior administrator. We also have the ability to enter prior claims history. 6. Claim payment software features: Which of the following features are inherent to your current claim payment software? Yes No a. Hard coded plan design _ X b. Direct eligibility interface X C. Deductible applied and calculated X it. Out-of-pocket applied and calculated X _ e. Duplicate payment audit X _ f. Pooled claim accounting X - g. Interface to pre-certification service X - 7. What percent of claims are subject to internal claim office audit? 4 % 8. What is your claims processing accuracy rate? a. Transaction 98 % b. Dollar Value 9. Please provide the most recent internal audit report (within the last year), verifying your claims processing accuracy levels. Response: Please refer to "Internal Audit" Exhibit Yes No 10. Will you claim system facilitate and future PPO X plan design, either as a per diem based, or reduced charge, of higher coinsurance percentage, etc? Yes No 11. Can the City of Denton Human Resources _ X Department access their claim files electronically and directly via an on-site modem? $One-Time $Recurring If so, what are costs (one-time and recurring?) 12. Do you offer the following Utilization Review services? If so, please identify the services provided and describe your billing structure and estimated costs for each of the areas previously mentioned; i.e.= initial setup fees, monthly fees/employee or fees/service, minimum fees, etc. Per Service Setup No Yes No EE/Mo. Fees Fees Fees HOSPITALIZATION Pre-certification Reviews: Continued Stay Reviews: Concurrent Stay Reviews: / ✓ SURGERY Second Surgical Opinion Reviews: Outpatient Surgery Reviews: LARGE CASE MANAGEMENT Research of Catastrophic Cases: AIDS Case Management: Mental Health Case Management: OTHER SERVICES Bill review & Claim Audits: DRG Validations: Ancillary Service Evaluations: Analysis Reports: TOTAL FEES 13. Fund Balance Statement (Recap of Check Register showing fund balances with interest earned, when deposits were made, etc.) V - - - V V -0- -0- -0- Response: Not Applicable as Harris Methodist Health Plan is proposing fully insured plan designs. 14. Hospital Utilization Reporting (Frequency and bed days) Response: Please refer to "Utilization Reports" 6 Exhibit 15. 16. 17. 18. 19. 20. Please provide a list of 3 client references, and a list of 3 former clients who have discontinued your services within the last two years. Response: Please refer to "Client Reference" Exhibit Please provide a sample specimen of all agreements/contracts, etc. for all the above listed services. Response: The functions described in Question #12 are performed internally within the Harris Methodist Health Plan. No contracts are in place for these services as Harris Methodist Health Plan employees perform these functions. Please provide the most recent audited financial statement or a "Statement of Condition" if an audited financial statement is not applicable, for your firm. Response: Please refer to "Financial Statement" Exhibit If any insurance is quoted on a retention basis, please explain the reserves that will be established, the methodology for determining the amounts, and the disposition of the reserves upon termination of the contract. Response: Not Applicable as Harris Methodist Health Plan is proposing fully insured plan designs. Please explain the COBRA administration offered by your organization and any additional costs for these services. Response: Harris Methodist Health Plan can provide COBRA rates in addition to a separate billing for COBRA participants. Also, Harris Methodist Health Plan will assist with the development of COBRA documents. These services are available at no cost to the City of Denton. Does your bid require that you provide all of the insurance and/or services specified in this bid, or will you "unbundle" the services quoted? Response: Harris Methodist Health Plan will provide any of the following plan designs: 1) A Network Provider plan design through our HMO plan (Preferred Plan or Plan 10). 2) A Point-of Service (Preferred Plus) plan design providing a choice of accessing at the time of service either a Network Provider or Non-Network Provider. 3) A Point-of-Enrollment plan design providing a choice at the time of enrollment either a HMO plan or Point-of-Service plan. 21 Please provide your recommended plan designs based upon the network vs. non-network point of service option. Response: Please refer to the following Exhibits: "Preferred" Exhibit "Plan 10" Exhibit "Preferred Plan" Exhibit "Point-of-Enrollment Exhibit 22. Please provide sample plan management reports including profit and loss sample reports. Response: Please refer to "Utilization Reports" Exhibit j:\wpdoce\ord\harris.o NOTE: CONTRACTS ARE ATTACHED TO ORIGINAL IN PILE. ORDINANCE NO. 3'o2 / AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR THE PURCHASE OF EMPLOYEE GROUP HEALTH INSURANCE TO HARRIS METHODIST HEALTH PLAN; PROVIDING FOR THE ADMINISTRATION OF THE CONTRACT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated com- petitive bids for the purchase of employee group health insurance in accordance with the procedures of state law; and WHEREAS, the City Manager, his designee, and the City's pro- fessional insurance consultant, have received and recommended that the bid described below is the lowest responsible bid for the purchase of such insurance described in the Request for Bid No. 1523; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the insurance policies and coverages approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the bid of Harris Methodist Health Plan, in response to Request for Bid No. 1523 and providing for the purchase of employee group, health insurance, is hereby accepted and approved as being the lowest responsible bid and the City Manager is authorized to execute two (2) contracts on behalf of the City of Denton with Harris Health Plan, Inc., one relating to the "Preferred Plan", and the other relating to the "Preferred Plus Network". The City Manager is also authorized to execute a "Group Enrollment Application" on behalf of the City with Harris Methodist Health Insurance Company. Copies of such documents are attached hereto and incorporated by reference herein. SECTION II. That the Director of Human Resources, or his designee, is hereby authorized to administer these contracts in behalf of the City of Denton. SECTION III. That the City Council hereby authorizes the expenditure of funds in the manner and amount as specified in the contract. SECTION IV. That this ordinance shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the"J" day of -AftkX14dA,., 1993. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: C (i'C[--ICI APP OVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: A 6/Z 41 Page 2