MASTER PLAN DOCUMENT

EMPLOYEE BENEFIT PLAN

PLAN EFFECTIVE DATE

AS MODIFIED AND AMENDED HEREIN


ADOPTION

     has caused this       Employee Benefit  Plan (“Plan”) to take effect as of the      , 199     , at      ,      .  This is a revision of the Plan previous adopted  on       and subsequently revised on      , 199     .  I have read the document herein, and certify the document reflects the terms and conditions of the Employee Welfare Benefit Plan as established by      .

By:                                                                                                                   Date:      

       Plan Administrator


TABLE OF CONTENTS

SUMMARY PLAN DESCRIPTION

STATEMENT OF ERISA RIGHTS

PLAN HIGHLIGHTS

PLAN OPTIONS

SCHEDULE OF BENEFITS

MEDICAL BENEFITS

DENTAL BENEFITS/ALL PLANS

VISION BENEFITS/ALL PLANS

PLAN A BENEFIT SCHEDULE

PLAN C BENEFIT SCHEDULE

HEALTH CARE MANAGEMENT

PRE-AUTHORIZATION

PRE-AUTHORIZATION APPEAL PROCESS

CASE MANAGEMENT/ALTERNATE TREATMENT

ELIGIBILITY

EMPLOYEE ELIGIBILITY

DEPENDENT(S) ELIGIBILITY

ENROLLMENT

APPLICATION FOR ENROLLMENT

WAIVER OF COVERAGE

SPECIAL ENROLLMENT PERIOD  (OTHER COVERAGE)

SPECIAL ENROLLMENT PERIOD  (DEPENDENT ACQUISITION)

LATE ENROLLMENT

OPEN ENROLLMENT

FAMILY STATUS CHANGE

EFFECTIVE DATE OF COVERAGE

EMPLOYEE(S) EFFECTIVE DATE

DEPENDENT(S) EFFECTIVE DATE

PRE-EXISTING CONDITIONS

TERMINATION OF COVERAGE

EMPLOYEE(S) TERMINATION DATE

DEPENDENT(S) TERMINATION DATE

LEAVE OF ABSENCE

FAMILY MEDICAL LEAVE ACT

EMPLOYEE REINSTATEMENT

STATUS CHANGE

EXTENSION OF BENEFITS DURING  TOTAL DISABILITY

PLAN TERMINATION

CONTINUATION OF COVERAGE

QUALIFYING EVENTS

NOTIFICATION REQUIREMENTS

COST OF COVERAGE

WHEN CONTINUATION COVERAGE BEGINS

FAMILY MEMBERS ACQUIRED  DURING CONTINUATION

COBRA PROVISIONS WITHIN THE HEALTH PORT-ABILITY
ACT AND ACCOUNTABILITY ACT OF 1996

SUBSEQUENT QUALIFYING EVENTS

END OF CONTINUATION

PRE-EXISTING CONDITIONS

EXTENSION FOR DISABLED INDIVIDUALS

MILITARY MOBILIZATION

THIS PLAN AND MEDICARE

MEDICAL EXPENSE BENEFIT

CO-PAYMENT

DEDUCTIBLE

COINSURANCE

OUT-OF-POCKET EXPENSE LIMIT

MAXIMUM BENEFIT

HOSPITAL/AMBULATORY SURGICAL CENTER

PRE-ADMISSION TESTING

AMBULANCE

EMERGENCY SERVICES/EMERGENCY ROOM

SUPPLEMENTAL ACCIDENT

REHABILITATIVE SERVICES

PHYSICIAN/PRACTITIONER SERVICES

SECOND SURGICAL OPINION

TRANSPLANTS

PREGNANCY

BIRTHING CENTER

NEWBORN CARE

PREVENTIVE CARE

STERILIZATION

EXTENDED CARE FACILITY

HOME HEALTH CARE

HOSPICE CARE

DURABLE MEDICAL EQUIPMENT

PROSTHESES

TEMPOROMANDIBULAR JOINT DYSFUNCTION

DENTAL SERVICES

SPECIAL EQUIPMENT AND SERVICES

COSMETIC SURGERY

MENTAL AND NERVOUS DISORDERS/ CHEMICAL DEPENDENCY

PRESCRIPTIONS

MEDICAL EXCLUSIONS

PRESCRIPTION DRUG PROGRAM

PRESCRIPTION DRUG PROGRAM COVERED EXPENSES/DRUGS

PRESCRIPTION DRUG PROGRAM EXCLUSIONS

DENTAL EXPENSE BENEFIT

DENTAL PROVISIONS

DENTAL LIMITATIONS

DENTAL EXCLUSIONS

DENTAL SERVICES

PREDETERMINATION OF DENTAL BENEFITS

ALTERNATIVE TREATMENT/DENTAL CARE

DEDUCTIBLE

VISION EXPENSE BENEFIT

DEDUCTIBLE

COVERED VISION EXPENSE

VISION EXCLUSIONS

PLAN EXCLUSIONS

CLAIM PROCEDURE AND  PAYMENT OF BENEFITS

FILING A CLAIM

NOTICE OF CLAIM

PAYMENT OF BENEFITS

APPEALING A CLAIM

ARBITRATION

FOREIGN CLAIMS

INCAPACITY

RECOVERY OF OVERPAYMENT

PHYSICAL EXAMINATION REQUIRED BY  THE PLAN

LEGAL ACTIONS

COORDINATION OF BENEFITS

DEFINITIONS APPLICABLE TO THIS PROVISION

EFFECT ON BENEFITS

ORDER OF BENEFIT DETERMINATION

LIMITATIONS ON PAYMENTS

COORDINATION WITH MEDICARE

RIGHT TO RECEIVE AND RELEASE NECESSARY INFORMATION

FACILITY OF BENEFIT PAYMENT

SUBROGATION/ THIRD PARTY LIABILITY

GENERAL PROVISIONS

ADMINISTRATION OF THE PLAN

ASSIGNMENT

BENEFITS NOT TRANSFERABLE

CLERICAL ERROR

CONFORMITY WITH STATUTES

EFFECTIVE DATE OF THE PLAN

FALSE STATEMENTS

FREE CHOICE OF HOSPITALS AND PHYSICIAN

INCONTESTABILITY

LIMITS ON LIABILITY

MEDICAL NECESSITY (MEDICALLY NECESSARY)

MISREPRESENTATION

PLAN IS NOT A CONTRACT

PLAN MODIFICATION AND AMENDMENT

PLAN TERMINATION

PRONOUNS

PROTECTION OF COVERAGE

TERMS OF COVERAGE

TIME EFFECTIVE

WORKERS COMPENSATION NOT AFFECTED

DEFINITIONS

INDEX



SUMMARY PLAN DESCRIPTION

Name of Plan:

 

Name and Address of Employer and Plan Sponsor:

 

Employer Identification Number:

 

Plan Number:

 

Type of Plan:

Welfare Benefit Plan:

Type of Administration:

Contract Administration

Plan Administrator and Agent for Service of Legal Process:

 

Named Fiduciary:

 

Eligibility Requirements:

For detailed information, refer to following sections entitled Eligibility, Enrollment, Effective Date of Coverage

Termination of Coverage:

For detailed information, refer to the sections entitled Schedule of  Benefits, Effective Date of Coverage, Pre-existing Conditions, Termination of Coverage, and Plan Exclusions

Source of Plan Contributions:

The Employer evaluates the costs of the Plan and determines the amount to be contributed by the Employer and the amount to be contributed by the Employees for their coverage.  The amount of such contribution will be determined by the Employer based on projected expenses.

Funding Method:

The Employer pays Plan benefits and administration expenses from general assets as needed.  Contributions received from Covered Persons are partial reimbursement to the Plan Administrator for Plan expenses previously paid.

Procedures for Filing Claims:

Refer to the section entitled: Claim Procedures and Payment of Benefits

Ending Date of Plan’s Fiscal Period:

 

Designated Claims Processor:

Eldorado Claim Services, Inc.
5353 North 16th Street Suite 410
Phoenix, Arizona  85016
602.604.3131 or 1.800.539.2695


STATEMENT OF ERISA RIGHTS

As a participant in the Plan, you are entitled to certain rights and protection under the Employee Retirement Income Security Act of 1974 (“ERISA”).  ERISA provides that all participants shall be entitled to:

1.       Examine, without charge, at the Plan Administrator’s office and at other locations (work sites, etc.), all Plan Documents, including insurance contracts, and copies of all documents filed by the Plan with the U. S. Department of Labor.

2.       Obtain copies of all Plan Documents and other Plan information upon written request to the Plan Administrator. The Plan Administrator may make reasonable charge for the copies.

In addition to creating rights for Plan participants, ERISA imposes obligations upon the people who are responsible for the operation of the Plan.  The people who operate your Plan, called “fiduciaries” of the Plan, have a duty to do so prudently and in the interest of all Plan participants and beneficiaries.

No one, including your Employer, a union, or any other person, may fire you or discriminate against you to prevent you from obtaining any benefit under the Plan or exercising your rights under ERISA.

If your claim for benefits under the Plan is denied in whole or in part, you must receive  written explanation of the reason for the denial.  You have the right to have the Plan review and reconsider your claim.

Under ERISA, there are steps you can take to enforce your rights. For instance, if you request material from the Plan and do not receive such within thirty (30) days, you may file suit in a federal court.  In such case, the court may require the Plan Administrator to provide the material and pay you up to $110 a day until you receive the material, unless the material was not provided for reasons beyond the control of the Plan Administrator.

If you have  a claim  for benefits that is  denied or ignored,  in whole or in part, you may file suit in a state or federal court.

If it should happen that Plan fiduciaries misuse the Plan’s money, or if you are discriminated against for asserting your rights, you may seek assistance from the U. S. Department of Labor, or you may file suit in a federal court.  The court will decide who will pay the costs and legal fees.  If you lose, the court may order you to pay these costs and fees: for example, if it finds your claim frivolous.

If participants have any questions about this statement or about the rights under ERISA, participants should contact the nearest office of the Pension and Welfare Benefits Administration, U. S. Department of Labor, listed in the telephone directory or the Division of Technical Assistance and Inquiries, Pension and Welfare Benefits Administration, U. S. Department of Labor, 200 Constitution Avenue, N. W., Washington, D. C. 20210.  The nearest Area Office to the Employer/Plan Sponsor is the Los Angeles Regional Office, 790 E. Colorado Boulevard, Suite 514, Pasadena, California, 91101, Phone 1.818.583.7862.


PLAN HIGHLIGHTS

Eligibility and Effective Date of Coverage:

Active, regular Full-time Employees working a minimum of      hours per workweek are eligible to enroll in the Plan.  An eligible Employee’s coverage will begin on the employee’s      .  Certain family members are eligible for Dependent coverage under the Plan; their coverage will begin at the same time as the Employee’s coverage.  Employees must apply for coverage within thirty-one (31) days from the date of their eligibility (date of hire). Employees and Dependents who do not choose to be covered as soon as they are eligible may be subject to Pre-existing Conditions limitations, if they desire to obtain coverage at a later date.  Refer to the sections entitled Eligibility, Enrollment, and Effective Date of Coverage.

Pre-existing Conditions:

 “Pre-existing Condition” means a condition (whether physical or mental), regardless of the cause of the condition, for which medical advice, diagnosis, care, or treatment, including the use of prescription drugs or medicines was recommended by or received from a licensed Physician or licensed health Practitioner within the six (6) month period ending on the Covered Person’s Enrollment Date.  Benefits will be provided for the Pre-existing Condition(s) after the earliest of the following:

1.         Twelve* (12) months (365 days) continuous coverage under the Plan, if the Employee has no prior creditable coverage; or

2.         Eighteen (18) months  (545 days) continuous coverage under the Plan, if the Employee was a Late Enrollee.

* This twelve (12) month period may be reduced for periods the employee was covered under other Creditable Coverage. 

Pre-existing Conditions limitations shall not apply to a newly adopted child, a newborn child, or to Pregnancy.  Refer to the sections entitled Eligibility, Enrollment, and Effective Date of Coverage.  

Cost of Coverage:

The Employer shares the cost of coverage with Employees and, where applicable, their Dependents.  Employees are required to make a modest contribution in an amount determined by the Employer. The Employer may change the amount of the Employee contribution from time to time. The Employer will notify Employees of the contribution amount when coverage becomes effective, and will also notify the Employees of any subsequent changes in that amount.  Individuals who continue their coverage pursuant to COBRA will be required to pay the entire cost of that coverage.  Refer to the section entitled Continuation of Coverage.


Benefits Provided:

The Plan provides medical and prescription drug benefits for Employees and their Dependent(s). The Plan offers Employees and their Dependent(s) an opportunity to choose between two separate benefit programs through the Preferred Provider Organization (PPO) or through the utilization of Non-preferred Providers.  Refer to the section entitled Plan Options for a detailed explanation. The Covered Person may choose between a provider of service contracted with the PPO (a Preferred Provider), or with any other provider of choice (Non-Preferred Provider).  The Plan will pay higher benefits for services rendered by a Preferred Provider.  Refer to the section entitled Schedule of Benefits

Each Plan option has a Calendar Year Deductible the Covered Person must pay from his/her own pocket before Plan benefits apply.  For certain services, the Calendar Year Deductible is waived. Refer to the section entitled Schedule of Benefits for more information.

Exclusions:

There are categories of expenses that are not covered by the Plan.  A general listing of services and items excluded from the Plan can be found in the sections entitled Medical Plan Exclusions and  Plan Exclusions.

Coordination of Benefits:

This Plan is designed to help the Covered Person meet the cost of Illness or Injury. It is not intended to provide benefits greater than actual expenses.  Therefore, the Plan will take into account and coordinate with the benefits of any Other Plan providing medical benefits so the combined benefits of the Plans do not exceed 100% of the Allowable Expenses incurred during the Claim Determination Period.  However, benefits paid under This Plan will not exceed those that would be payable in the absence of any Other Plan.

Pre-authorization:

In the event of Hospitalization or Outpatient surgery, the Health Care Management Organization must be notified and provided certain information.  If the Hospitalization or Outpatient surgery is planned in advance, the call must be made three (3) days prior to admission or surgery. If it is an Emergency or maternity admission, the call must be made within 48 hours of admission.  If pre-authorization is not obtained, Covered Expenses shall be subject to an additional Deductible per occurrence and a reduced Coinsurance.  Refer to the section entitled Health Care Management.


HEALTH CARE MANAGEMENT ORGANIZATION

     

Filing Claims:

Generally, to make a claim for a benefit, the Health Care Provider should mail its bill directly to the Claims Processor, Eldorado Claims Services, Inc.  To obtain reimbursement for Covered Expenses that have already been paid, the Covered Person must submit an itemized bill and receipt for payment to the Claims Processor.  To receive prescription drug benefits, the prescription must be submitted to a participating pharmacy, and the prescription drug card issued by the Plan must be presented to the pharmacist.  Refer to the section entitled Claim Procedure and Payment of Benefits.

THIRD PARTY ADMINISTRATOR

ELDORADO CLAIM SERVICES, INC.

5353 NORTH 16TH STREET, SUITE 410

PHOENIX, ARIZONA 85016

602-604-3131

800-539-2695

602-604-3103  FAX

Continuation of Coverage:

If coverage under the Plan ceases for certain reasons, coverage may be continued, at the Covered Person’s expense, in accordance with the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”).  Dependents covered by the Plan are also entitled to COBRA continuation coverage under certain circumstances. Refer to the section entitled Continuation of Coverage.

Subrogation/Third Party Liability Reimbursement:

As a condition of receiving benefits under the Plan, the Covered Person agrees to the Plan’s right to reimbursement of benefits paid on behalf of the Covered Person for expenses incurred due to the actions of a third party.  Refer to the section entitled Subrogation/Third Party Liability.


PLAN OPTIONS

This Plan offers Employees and their Dependents an opportunity to choose between two separate benefit programs through the Preferred Provider Organization or Non-Preferred Provider Organization (all other providers).   A brief description is as follows:

PPO-PREFERRED PROVIDERS:

A Preferred Provider is a Physician, Hospital, or ancillary service having an agreement in effect with the Preferred Provider Organization (PPO) to accept a reduced rate, known as the Negotiated Rate. The Preferred Provider cannot bill the Covered Person for any amount in excess of the Negotiated Rate. Because the Covered Person and Plan save money when services or supplies are obtained from providers participating in the Preferred Provider Organization, benefits are usually greater than those available when using the services of a Non-Preferred Provider.  To participate in the benefit amounts for services under the PPO, the Covered Person must use a preferred Hospital, Preferred Provider Physician, preferred specialist, and other preferred ancillary services.

NON-PPO/NON-PREFERRED PROVIDERS:

A Non-Preferred Provider is free to charge patients at any rate.  This Plan will allow only the Customary and Reasonable Charge as a Covered Expense.  The Plan will pay its percentage of the Customary and Reasonable Charge for the Non-Preferred Provider services.  The Covered Person is responsible for the remaining percentage of the Customary and Reasonable Charge, plus the balance of the fees assessed by the provider.  This results in greater expense to the Covered Person.

REFERRALS:

Referrals to a Non-Preferred Provider or Non-Exclusive Provider are covered as Non-Preferred Provider services and supplies.  It is the responsibility of the Covered Person to assure services to be rendered are performed by PPO or EPO Physicians and facilities in order to receive the higher level of benefits.

If the Health Care Management Organization recommends Medically Necessary services or supplies be obtained from a provider out-of-area, Covered Expenses shall be paid at the PPO benefit level.  If the Covered Person travels out-of-area for the purpose of obtaining medical services and supplies, without the recommendation of the Health Care Management Organization, Covered Expenses shall be paid at the Non-PPO benefit level.


SCHEDULE OF BENEFITS

The following Schedule of Benefits is designed as a quick reference.  For complete provisions of the Plan’s benefits, refer to the following sections: Health Care Management, Medical Expense Benefit and Plan Exclusions. A complete listing of participating providers can be obtained from the Human Resources Department.  Limitations are combined maximums for services and supplies rendered by Preferred and Non-Preferred Providers.

MEDICAL BENEFITS:

Maximum Benefit per Covered Person while covered by this Plan for:

 

Medical

$  1,000,000

     
     
 

Chemical Dependency

25,000

Maximum Benefit per Covered Person per Calendar Year for:

 

Mental and Nervous Disorders

Inpatient/30 days per calendar year

   

Outpatient/25 visits per calendar year

 

Chemical Dependency Inpatient &/or Outpatient Hospital

 
 

      Inpatient Services

$       10,000

 

      Chemical Dependency Outpatient Services

2,000

 

(Included in the Inpatient and/or Outpatient limit of $10,000)

 
 

Extended Care Facility/Treatment and Confinement

30 days per calendar year

 

Chiropractic Care

$            300

 

Home Health Care

100 visits per Calendar Year

 

Preventive Care

$           300

Calendar Year Deductible:

 

Individual Deductible

 
 

Family Deductible (Aggregate)

 
     
Coinsurance Expense Limit Per Calendar Year
 

Individual

 
     

Additional Deductibles

 
 

Hospital Admission NOT Pre-Authorized

 
 

Outpatient Surgery NOT Pre-Authorized *

 
 

*Outpatient Surgeries where the Surgeon’s charges are $401 or more require Pre-Authorization.  Refer to the section entitled Health Care Management for more details.

Limitation per Occurrence

 
 

Hospital Inpatient/Outpatient Surgery Covered Expenses NOT Pre-Authorized/
Network Provider

 

      Plan A

80%

 

      Plan C

80%

     
 

Hospital Inpatient/Outpatient Surgery Covered Expenses NOT Pre-Authorized/
Non-Network Provider

 

      Plan A

60%

 

      Plan C

0%


DENTAL BENEFITS/ALL PLANS:

The following are Covered Dental Services. Refer to the section entitled Dental Provisions, Dental Benefits, for details regarding the services covered, exclusions, limitations and other provisions of the Dental Benefit.

ALL PROVIDERS

CLASS I

80%

 

Limitation:  Subject to maximum annual benefit per person

 

CLASS II

80%

 

Limitation:  Subject to deductible and maximum annual benefit per person.

 

CLASS II

80%

 

Limitation:  Subject to deductible and maximum annual benefit per person.)

 

CLASS IV

50%

 

Limitation:  Subject to deductible and maximum lifetime benefit per person.)

 

ALL CLASSES

Calendar Year Deductible Per Person (Maximum 3 per Family)                                                     $50.00

CLASSES I, II, III

Maximum Annual Benefit Per Person                                                                                                $1,000

CLASS IV

Maximum Lifetime Benefit Per Person                                                                                               $2,000


VISION BENEFITS/ALL PLANS:

(To be effective July 1, 1998)

ALL PROVIDERS

Individual Calendar Year Deductible:

$25

Examination / Maximum Benefit:

$40

 

Limitation:            One exam during any 18 consecutive months.

 

Conventional Lenses / Maximum Benefit:

 
 

Single Vision

$40

 

Bi-focal

$50

 

Tri-focal

$60

 

Lenticular

$120

 

Contacts

 
 

        Medically Necessary

$200

 

        Cosmetic

$100

 

Limitation:            One pair during any 18 consecutive months.

 

Frames / Maximum Benefit:

$40

 

Limitation:            One pair during any 18 consecutive months.

 

Refer to the section entitled Vision Expense Benefit for complete details.

 

PLAN A BENEFIT SCHEDULE:

For the purpose of determining the Coinsurance and Out-of-Pocket Expense Limit, Covered Expenses are divided into the following three categories:

CATEGORY 1:

This category applies to such Covered Expenses made by all Preferred Providers.  For Employees who reside or work outside the Preferred Provider service area (50 Miles or more from the nearest Preferred Provider), Covered Expenses for Non-Preferred Provider services and supplies shall be Category 1 expenses.

CATEGORY 2:

This category applies to such Covered Expenses made by Providers that are Non-Preferred Providers if:

1.       Such expenses are made by pathologists, radiologists, or anesthesiologists in connection with a covered Inpatient Preferred Hospital Confinement or a covered Outpatient procedure performed in a Preferred Hospital.

2.       Such expenses are necessitated by an Emergency condition (as defined in the Plan), and then only to the following extent:  (a)  in the case of Emergency Outpatient treatment, such expenses incurred within twenty-four (24) hours of the accident; and (b) in the case of an Inpatient Hospital Confinement, such expenses up to the day the Covered Person can reasonably be expected to safely transfer to a Preferred Provider.

3.       Such expenses are for care, treatment, services, or supplies that are not rendered by any Preferred Provider.

4.       Such expenses are incurred while traveling outside of the Preferred Provider area (50 miles or more from the nearest Preferred Provider).

CATEGORY 3:

This category applies to such Covered Expenses made by all other Non-Preferred Providers.

Note:  If the Covered Person elects to use Category 3, the Coinsurance payable by the Covered Person shall NOT apply to the Out-of-Pocket Expense Limit.


Out-of-Pocket Expense Limit Per Calendar Year:

 

Individual

$ 1,000

 

Family (Aggregate)

2,000

Refer   to  the section  entitled  Medical  Expense Benefit,  Out-of-Pocket  Expense  Limit  for a  listing  of charges  not applicable to the Out-of-Pocket Expense Limit.

The Plan pays the percentage listed on the following pages for Covered Expenses incurred by a Covered Person during a Calendar Year after the Individual or Family Deductible has been satisfied and until the Individual or Family Out-of-Pocket Expense Limit has been reached.  Thereafter, the Plan pays 100% of incurred Covered Expenses for the remainder of the Calendar Year, or until the Maximum Benefit has been reached. Refer to the section entitled Medical Expense Benefit, Out-of-Pocket Expense Limit for a listing of charges not applicable to the 100% Coinsurance.


PLAN A

Benefit Description

PPO Provider Category 1

(see Page 7) Category 2

Non-PPO Provider Category 3

INPATIENT HOSPITAL

90%*

80%

70%**

 

*   Benefits for Inpatient Hospital/Network/Not  Pre-authorized will be subject to a

      separate and additional $300 Deductible and 80% Coinsurance payment per

      unapproved admission.

 

** Benefits for Inpatient Hospital/ Non-Network/Not Pre-authorized will be subject to a

      separate and additional $300 Deductible and 60% Coinsurance payment per

      unapproved admission.

       

OUTPATIENT SURGERY

90%*

80%

70%**

 

*   Benefits for Outpatient Surgery/Network/Not Pre-authorized will be subject to a

      separate and additional $300 Deductible and 80% Coinsurance payment per

      unapproved surgical procedure.

 

** Benefits for Outpatient Surgery/Non-Network/Not Pre-authorized will be subject to a

      separate and additional $300 Deductible and 60% Coinsurance payment per

      unapproved surgical procedure.

       

ER SERVICES

100% after $100 Co-pay* Deductible Waived

100% after $100 Co-pay* Deductible Waived

100% after $100 Co-pay* Deductible Waived

 

*The $100 Co-payment is waived if Covered Person is admitted to the Hospital; coverage reverts to Hospital Inpatient as noted above.

       

URGENT CARE

90% Subject to Deductible*

90% Subject to Deductible*

90% Subject to Deductible*

 

*No Co-payment required.

       

SUPPLEMENTAL ACCIDENT

100% Ded. Waived up to $500.*

100% Ded. Waived up to $500.*

100% Ded. Waived up to $500.*

 

*Limitation:  Maximum Benefit is $500 per accident; coverage then reverts to Plan Benefits.

       

PRE-ADMISSION TESTING

90%

80%

70%

PHYSICIANS’  SERVICES

90%

80%

70%

 

Assistant Surgeon’s Covered Expenses not to exceed 20% of the primary Physician’s Covered Expenses.

       

SECOND SURGICAL OPINION

     

        Required by U. M. or Plan

100% Ded. Waived

100% Ded. Waived

70% Ded. Waived

        Elective by Covered Person

100% Ded. Waived

100% Ded. Waived

70% Ded. Waived

OUTPATIENT DIAGNOSTIC

     

        X-RAYS AND LAB

90%

80%

70%

       

EXTENDED CARE FACILITY

90%

80%

70%

 

Limitation:  Up to 30 days for treatment and Confinement per Calendar Year.

       

HOME HEALTH CARE

90%

80%

70%

       

HOSPICE CARE

90%

80%

70%

 

Limitation:  Maximum Benefit per family unit for family bereavement counseling is $200.

       

DURABLE MEDICAL EQUIPMENT

90%

80%

70%

 

Limitation:  Maximum Benefit per Calendar Year not to exceed 100 days rental; Maximum Benefit per Calendar Year for rental of Apnea Monitor (except if used for infants), T.E.N.S. Unit, or equipment designed to assist bones  to heal faster is limited to $200 each.

       

PREVENTIVE CARE

100% to $300 Ded. Waived*

Denied

Denied

 

*Limitation:  Up to $300 per Calendar Year benefit.

       

MENTAL AND NERVOUS DISORDERS

90%*

90%*

70%*

 

*Inpatient services subject to maximum 30 days per calendar year; Outpatient services subject to maximum 25 visits per calendar year.

       

CHEMICAL DEPENDENCY

     

        Inpatient Services

90%*

90%*

70%*

 

*Limitation:  $10,000 per Covered Person, per Calendar Year for Inpatient and Outpatient Hospital.

       

        Outpatient Services

50%*

50%*

50%*

 

*Limitation:  $2,000 per Covered Person, per Calendar Year (included in the Inpatient and/or Outpatient limit of  $10,000).

       

PHYSICAL THERAPY

90%

80%

70%

       

SPEECH THERAPY

90%

80%

70%

       

CHIROPRACTIC CARE

N/A

100%*

N/A

 

*Maximum Benefit:  $25 per treatment;  maximum of 26 treatments per Calendar Year.

       

AMBULANCE

N/A

80%

N/A

       

BIRTHING CENTER

N/A

90% Ded. Waived

N/A

       

ALL OTHER COVERED EXPENSES

90%

80%

70%

       

PRESCRIPTION DRUGS

N/A*

N/A*

N/A*

 

*100% after Prescription Drug Co-payment:  $5 generic/$15 brand name. Generic will be dispensed unless specified “Dispense as Written.” Maintenance drugs will be dispensed through a mail order program.

       

PLAN C BENEFIT SCHEDULE:

For the Purpose of determining the Coinsurance and Out-of-Pocket Expense Limit, Covered Expenses are divided into the following three (3) categories:

CATEGORY 1:

This category applies to such Covered Expenses made by all EPO Hospitals.  For Employees who reside or work outside the EPO service area (50 miles or more from the nearest Preferred Provider), Covered Expenses for Non-Preferred Provider services and supplies shall be Category 1 expenses.

CATEGORY 2:

This category applies to such Covered Expenses made by all other Exclusive Providers and such Covered Expenses made by Providers that are not Exclusive Providers if:

1.       Such expenses are made by pathologists, radiologists, or anesthesiologists in connection with a covered Inpatient Exclusive Provider Hospital Confinement or a covered Outpatient procedure performed in an Exclusive Provider Hospital.

2.       Such Expenses are necessitated by an Emergency condition (as defined in the Plan), and then only to the following extent: (a) in the case of Emergency Outpatient treatment, such expenses are incurred within twenty-four (24) hours of the accident; and (b) in the case of an Inpatient Hospital Confinement, such expenses up to the day the Covered Person can reasonably be expected to safely transfer to an Exclusive Provider.

3.       Such expenses are for care, treatment, services, or supplies that are not rendered by any Exclusive Provider.

4.       Such expenses are incurred while traveling outside of the Preferred Provider area (50 miles or more from the nearest Preferred Provider).

CATEGORY 3:

This category applies to such Covered Expenses made by all other Non-EPO Providers.

If the Covered Person elects to use a Non-Exclusive Provider, the Coinsurance payable by the Covered Person shall not apply to the Out-of-Pocket Expense Limit.


Out-of-Pocket Expense Limit per Calendar Year:

 

Individual

$ 1,500

 

Family (Aggregate)

3,000

Refer  to  the  section  entitled  Medical  Expense  Benefit,  Out-of-Pocket  Expense  Limit  for a listing  of charges  not applicable to the Out-of-Pocket Expense Limit.

The Plan pays the percentage listed on the following pages for Covered Expenses incurred by a Covered Person during a Calendar Year after the Individual or Family Deductible has been satisfied and until the Individual or Family Out-of-Pocket Expense Limit has been reached.  Thereafter, the Plan pays 100% of incurred Covered Expenses for the remainder of the Calendar Year or until the Maximum Benefit has been reached.  Refer to the section entitled Medical Expense Benefit, Out-of-Pocket Expense Limit for a listing of charges not applicable to the 100% Coinsurance.



PLAN C

Benefit Description

EPO Provider Category 1

(see Page 7) Category 2

Non-EPO Provider Category 3

INPATIENT HOSPITAL*

100% Ded. Waived*

80%

Network only**

 

*   Benefits for Inpatient Hospital Expenses will be subject to a separate and additional

      $300 Deductible and 80% Coinsurance per unapproved admission.

 

** Emergency admissions to Non-Network providers will be covered at the EPO Benefit

      level provided Covered Person is transferred to a Network provider as early as

      possible.  See Plan Document for details.

       

OUTPATIENT SURGERY*

100%*

80%

NETWORK ONLY

 

*   Benefits for Outpatient Surgery expenses  will be subject to a separate and additional

      $300 Deductible and 80-20% Coinsurance payment per unapproved  surgical

      procedure.

       

ER SERVICES *

100% after $100 Co-pay

100% after $100 Co-pay

100% after $100 Co-Pay

 

*   The $100 Co-payment is waived if Covered Person is admitted to the Hospital;

      coverage reverts to Hospital Inpatient as noted above.

       

URGENT CARE

100% subj. to $15 Co-pay

80% subj. to $15 Co-pay

60% subj. to $15 Co-pay

       

SUPPLEMENTAL ACCIDENT

100% Ded. Waived up to $500.*

100% Ded. Waived up to $500.*

100% Ded. Waived up to $500.**

 

*   Limitation:  Maximum Benefit $500 per accident; coverage then reverts to Plan

      Benefits.

       

PRE-ADMISSION TESTING

100%

80%

60%

       

PHYSICIANS’ SERVICES

     

        Office Visits

N/A

100% after $15 co-pay

60%

       

        Inpatient/Outpatient Services

80%

80%

80%

 

Assistant Surgeon’s Covered Expenses not to exceed 20% of the primary Physician’s Covered Expenses.

       

SECOND SURGICAL OPINION

     

        Required by U. M. or Plan

N/A

100% Ded. Waived

60%

       

        Elective by Covered Person

N/A

100% Ded. Waived

60%

       

OUTPATIENT DIAGNOSTIC
X-RAY AND LABORATORY*


100%*


100%*


60%*

 

*Services ordered by an EPO Physician and rendered as  part of the EPO Physician office visit shall be considered part of the EPO Physician office visit Co-payment, whether or not the services are performed on the same day as the office visit.  Excluded from this provision is lab work ordered for review and maintenance of a medical condition, such as monthly visits to a lab for blood work.  See “All Other Outpatient Diagnostic X-rays and Laboratory” for benefit.

       

ALL OTHER OUTPATIENT DIAGNOSTIC X-RAYS AND LABORATORY


80%


80%


60%

       

EXTENDED CARE FACILITY

N/A

80%

60%

 

Limitation:  Up to 30 days for treatment and Confinement per Calendar Year.

       

HOME HEALTH CARE

N/A

80%

60%

       

HOSPICE CARE

N/A

80%

60%

 

Limitation:  Maximum Benefit per family unit for bereavement counseling is $200.

       

DURABLE MEDICAL EQUIPMENT

N/A

80%

60%

 

Limitation:  Maximum Benefit per Calendar Year not to exceed 100 days rental;  Maximum Benefit per Calendar Year for rental of Apnea Monitor (except if used for infants), T.E.N.S. Unit or equipment designed to assist bones to knit faster is limited to $200 each.

       

PREVENTIVE CARE

N/A

100% to $300* Co-Pay and Ded. Waived

Denied

 

*Limitation:  Up to $300 per Calendar Year benefit.

       

MENTAL AND
NERVOUS DISORDERS*


100%*


80%*


60%*

 

*Subject to a maximum of  30 days  per  calendar year Inpatient services.

*Outpatient services subject to $15 co-pay and maximum 25 visits per calendar year.

       

CHEMICAL DEPENDENCY

     

        Inpatient Services

100%*

80%*

60%*

 

*Limitation:  $10,000 per Covered Person per Calendar Year for Inpatient and Outpatient Hospital

       

        Outpatient Services

N/A

50%*

50%*

 

*Limitation:  $2,000 per Covered Person per Calendar Year (included in the Inpatient and/or Outpatient limit of $10,000).

       

PHYSICAL THERAPY

N/A

80%

60%

       

SPEECH THERAPY

N/A

80%

60%

       

CHIROPRACTIC CARE

N/A

100%*

N/A

 

*Maximum Benefit: $25 per treatment;         Maximum of 26 treatments per Calendar Year.

       

AMBULANCE

N/A

80%

N/A

       

BIRTHING CENTER

N/A

100%

N/A

       

ALL OTHER COVERED EXPENSES

N/A

80%

80%

       

PRESCRIPTION DRUGS

N/A*

N/A*

N/A*

 

100% after Prescription Drug Co-pay;  $5 generic/$15 brand name. Generic will be dispensed unless specified  “Dispense as Written.” Maintenance drugs will be dispensed through a mail order program.

 


HEALTH CARE MANAGEMENT

Health Care Management is a means of monitoring services for Medical Necessity to help ensure cost-effective care. Health Care Management can eliminate unnecessary services, Hospitalizations, and shorten Confinements, while improving quality of care and reducing costs to the covered Person and the Plan. Certification of Medical Necessity by the Health Care Management Organization does NOT establish eligibility under the Plan nor guarantee benefits.

PRE-AUTHORIZATION:

Hospital:

All hospital admissions must be certified in advance (Pre-authorization) by the Health Care Management Organization, except for emergencies.  The Covered Person or their representative should call the Health Care Management Organization at least three (3) days prior to admission.

Emergency Hospital admissions must be reported to the Health Care Management Organization within forty-eight (48) hours following admission, or on the next business day after admission.

After admission to the Hospital, the Health Care Management Organization will continue to evaluate the Covered Person’s progress through Concurrent Review to monitor the length of Confinement. If the Health Care Management Organization disagrees with the length of Confinement recommended by the Physician, the Covered Person and the Physician will be advised. If the Health Care Management Organization determines that continued Confinement is no longer necessary, additional days will not be certified.  Coinsurance for additional days not certified by the Health Care Management Organization shall be denied.

Outpatient Surgery:

All Outpatient Surgical procedures must be certified in advance (Pre-Authorization) by the Health Care Management Organization, except for surgical procedures for which the surgeon’s charges are $400 or less, or surgical procedures performed on an Outpatient basis within forty-eight (48) hours of an Injury.  The Covered Person, or their representative, should call the Health Care Management Organization at least three (3) days prior to surgery.

Second Surgical Opinion:

When an Inpatient or Outpatient Surgical procedure is recommended by a Physician, the Covered Person should call the Health Care Management Organization prior to surgery to obtain approval for the recommended procedure.  When an Outpatient Surgical procedure is recommended by a Physician, and the Health Care Management Organization does not agree, the Covered Person must obtain a Second Surgical Opinion.  The two concurring opinions will determine the certification of Medical Necessity. The Covered Person may elect to obtain a Second Surgical Opinion prior to any recommended surgery, and the Plan shall pay benefits as though required by the Health Care Management Organization.  Refer to the section entitled Medical Expense Benefit, Second Surgical Opinion for complete details.

Penalty:

Benefits payable for charges arising out of an unapproved Inpatient Admission or Outpatient Surgical procedure will be subject to a separate and additional $300 Deductible and 80% Coinsurance per each unapproved Inpatient Admission or Outpatient Surgical procedure.   This additional Deductible and Coinsurance penalty is waived if the Covered Person is traveling outside the United States or resides outside the United States.  After the Covered Person has satisfied this “per occurrence” penalty deductible, the Calendar Year Deductible shall apply, then the Plan’s  Coinsurance shall apply.  Refer to the section entitled Schedule of Benefits  for complete details.

PRE-AUTHORIZATION APPEAL PROCESS:

In the event authorization for Medical Necessity is denied by the Health Care Management Organization, the Covered Person may appeal the decision.  The Covered Person may call the Health Care Management Organization for more information concerning the appeal process.

CASE MANAGEMENT/ALTERNATE TREATMENT:

In cases where the Covered Person’s condition is expected to be, or is, of a serious nature, the Employer may arrange for review and/or case management services from a professional qualified to perform such services. The Employer shall have the right to alter or waive the normal provisions of this Plan when it is reasonable to expect a cost effective result without a sacrifice to the quality of care.   The use of case management or alternate treatment is a voluntary program to the Covered Person;  however, the Plan will generally provide a greater benefit to the Covered Person who chooses to participate in the program.

Benefits provided under this section are subject to all other Plan provisions.  Alternative care will be determined on the merits of each individual case, and any care or treatment provided will not be considered as setting any precedent or creating any future liability with respect to that Covered Person or any other Covered Person.


ELIGIBILITY

This section identifies the Plan’s requirements for a person to be eligible to enroll.  Refer to the sections entitled Enrollment and Effective Date of Coverage for more information.

EMPLOYEE ELIGIBILITY:

All Active, Full-time Employees who are regularly scheduled to work at least thirty-five (35) hours per work week shall be eligible to enroll for coverage..  This average will be calculated at the end of the preceding ninety (90) day period. Employee eligibility does not include temporary or seasonal Employees.

DEPENDENT(S) ELIGIBILITY:

The following describes Dependent eligibility requirements.  At its discretion, the Employer may require proof of Dependent status.

1.       The term “spouse” means the spouse of the Employee under a legally valid existing marriage, unless court ordered separation exists.

2.       The term “child(ren)” means the Employee’s natural child(ren), stepchild(ren), and legally adopted child(ren), and a child(ren) for whom the Employee or covered spouse has been appointed legal guardian, provided:

a.       The child(ren) is less than nineteen (19) years of age; and

b.       The child(ren) lives with the Employee in a parent-child relationship; and

c.       The child(ren) is unmarried; and

d.       The child(ren) is principally dependent upon the Employee for support and maintenance; and

3.       An eligible child shall also include any other child of an Employee or his/her spouse who is recognized in a Qualified Medical Child Support Order (QMCSO) that has been issued by any court judgment, decree, or order as being entitled to enrollment for coverage under this Plan, even if the child(ren) is not residing in the Employee’s household.  Such child shall be referred to as an Alternate Recipient.  Alternate Recipients are eligible for coverage regardless of whether or not the Employee elects coverage for himself/herself.  An application for enrollment must be submitted to the Employer for coverage under this Plan.  The Employer shall establish written procedures for determining whether  a Medical Child Support Order is a QMCSO, and for administering the provision of benefits under the Plan pursuant to a valid QMCSO.  The Employer reserves the right, waivable at its discretion, to seek clarification with respect to the order from the court or administrative agency that issued the order, up to and  including the right to seek a hearing before the court or agency.

4.       An adopted  child(ren)  who is less  than  18  years  of age  at the time of adoption shall be considered eligible from the moment  the child(ren)  is Placed  for Adoption. “Placed for Adoption”  means the date the Employee assumes legal obligation for the total or partial support of the child(ren) during the adoption process.


5.       The child(ren) born  unto the  Dependent child(ren) of the Employee shall be eligible to be enrolled as a Dependent(s) of the Employee provided:

a.     The Dependent child(ren) of the Employee is unmarried.

b.       The Dependent child(ren) of the Employee and the child(ren)  born unto the Employee’s Dependent(s) live with the Employee  and are principally dependent upon the Employee for support and maintenance.

6.       Upon written notice to the Employer, an unmarried child(ren) who has reached his/her nineteenth (19th ) birthday and is principally dependent upon the Employee for support and maintenance,  may also be included herein as an eligible Dependent(s) until the child(ren)’s  twenty-third (23rd) birthday, provided such child(ren)is unmarried, and is a full-time student in a secondary school, accredited college, university or institution of higher learning.  It is the Employee’s responsibility to provide the Claims Processor with proof of Full-time Student Status for each semester.  Such proof must be obtained from the school’s registrar.  The Employee must notify the employer when the Dependent(s) is no longer a Full-time Student.

7.       An unmarried child(ren), incapable of self-sustaining employment and  dependent upon the Employee for support due to a mental and/or physical disability, and who was covered under the Plan prior to reaching the maximum age limit or other loss of Dependent’s eligibility, will remain eligible for coverage under this Plan beyond the date coverage would otherwise be lost.   Proof of incapacitation must be provided within thirty (30) days of the child(ren)’s loss of eligibility and thereafter as requested by the Employer or Claims Processor, but not more than once every two (2) years. Eligibility may not be continued beyond the earliest of the following:

a.       Cessation of the physical handicap; or

b.       Failure to furnish any required proof of mental retardation and/or physical handicap or to submit to any required examination.

Every eligible Employee may enroll eligible Dependents. However, if both the husband and wife are Employees, they may choose to have one covered as the Employee, and the spouse covered as the Dependent of the Employee, or they may choose to have both covered as Employees.  An eligible child(ren) may be enrolled as a Dependent(s) of one spouse, but not both.  A Dependent child(ren) who also qualifies as an eligible Employee may be enrolled as a Dependent(s) of another Employee, but shall not be enrolled as a Dependent child(ren) and an Employee simultaneously. 


ENROLLMENT

APPLICATION FOR ENROLLMENT:

An Employee must file a written application with the Employer for coverage hereunder for him/herself and his/her eligible Dependent(s): 1) on, before, or within thirty (30) days of becoming eligible for coverage; and 2) on, before, or within thirty days of marriage or the acquiring of a) or birth of a child(ren).

The Employee shall have the responsibility of timely forwarding to the Employer all applications for enrollment hereunder. Failure to complete the application for enrollment within thirty (30) days shall result in the Late Enrollment provision applying to the individual and/or Dependents.  An Alternate Recipient can be enrolled in the Plan at any time and shall not be subject to the Late Enrollment provision. 

The Employer must be notified of any change in eligibility of Dependents, including the birth of a child(ren) who is to be  covered, and adding or deleting  any other Dependent(s).  Forms are available from the Employer for reporting changes in Dependents’ eligibility as required. 

If the Employee elects to terminate Employee coverage, then chooses to re-enroll at a later date, the Employee shall be subject to the Late Enrollment provision below.

If the Employee elects to terminate Dependent(s) coverage, then chooses to re-enroll the Dependent(s) at a later date, the Dependent(s) shall be subject to the Late Enrollment provision below. 

A Dependent child(ren) who ceased to qualify for Full-time Student Status and whose coverage terminated, shall be eligible to re-enroll for coverage under the Plan, provided application for enrollment is submitted to the Employer within thirty (30) days of the return to Full-time Student Status. 

WAIVER OF COVERAGE:

Employees who elect not to enroll themselves and/or their Dependent(s) must complete the Waiver of Coverage portion of the enrollment form.  The Waiver of Coverage must be submitted to the Employer within thirty (30) days of meeting the Plan’s  eligibility requirements.  If waiver of coverage is due to the existence of other group health coverage upon meeting the Plan’s eligibility requirements, it is the Employee’s responsibility to notify the Employer in writing of the existence of the other coverage, and this being the reason for waiving the coverage upon meeting the eligibility requirements.


SPECIAL ENROLLMENT PERIOD
(OTHER COVERAGE):

Applications for Employee or Dependent(s) coverage not filed with the Employer within thirty (30) days of meeting the eligibility requirements of the Plan because other coverage existed,  shall be subject to the Special  Enrollment provision. An Employee or Dependent may request a special enrollment period if he/she is no longer eligible for the other coverage, and  if all of the following provisions are met:

1.         the employee or dependent was covered under another group or individual health plan at the time coverage was initially offered; and

2.         the employee stated in writing at the time initial enrollment was offered that other coverage was the reason for declining enrollment in the Plan; and

3.         the employee or dependent lost the coverage as a result of a  specific event*, such as the loss of eligibility for coverage, expiration of COBRA continuation coverage, termination of employment, or employer contributions towards such coverage were terminated; and

4.         the employee requests such enrollment period,  and effects the enrollment, within thirty (30) days of loss of the other coverage.

The Effective Dates of Coverage as a result of a special enrollment will be the first day of the first calendar month following the Employer’s receipt of the completed enrollment form. Acceptance of enrollment does not waive the Pre-existing Condition provision.

*However, loss of eligibility of other coverage does not include a loss due to failure of the individual to pay premiums or contributions on a timely basis, or termination of coverage for cause (such as making a fraudulent claim, or an intentional misrepresentation of a material fact in connection with the other coverage).

SPECIAL ENROLLMENT PERIOD
(DEPENDENT ACQUISITION):

This Special Enrollment Period (Dependent Acquisition)  allows an eligible Employee to enroll Dependents when he/she marries or has a new child(ren) (as a result of marriage, birth, adoption, or Placement for Adoption).  A spouse of an Employee can be enrolled separately at the time of marriage, or when a child(ren) is born, adopted, or Placed for Adoption.  A spouse of an Employee can be enrolled together with the Employee when they marry, or when a child(ren) is born, adopted, or Placed for Adoption.  A child(ren) who becomes a Dependent(s) of an Employee as a result of marriage, birth, adoption, or Placed for Adoption, may be enrolled when the child(ren) becomes an eligible Dependent(s).


The Employee must request the special enrollment within thirty (30) days of the acquisition of the Dependent(s).  The effective date of coverage as a result of a special enrollment shall be:

1.       In the case of marriage, the first day of the first calendar month following the Employer’s receipt of the completed enrollment form;

2.       In the case of a Dependent’s birth, the date of such birth;

3.       In the case of adoption or Placed for Adoption, the date of such adoption or Placed for Adoption.

Late enrollment:

Applications for Employee or Dependent(s) coverage not filed with the Employer within thirty (30) days of meeting the eligibility requirements of the Plan, and do not fall under the provisions stated above in the section entitled Special Enrollment, shall be subject to the Late Enrollment provision.

Late enrollment applicants shall be eligible to enroll for coverage only during the Plan’s annual Open Enrollment Period.  The “Open Enrollment Period” is at the discretion of the company and will be announced.  Coverage is effective the first of the month following an Open Enrollment Period. Acceptance of enrollment does not waive the Pre-existing Condition provision.  This Late Enrollment  provision does not apply to an Alternate Recipient.

OPEN ENROLLMENT:

An Open Enrollment Period  will be permitted once in each Calendar Year.  During this Open Enrollment Period, an eligible Employee and his/her eligible Dependent(s) who were not previously covered by this Plan may elect coverage under this Plan. This will be considered a Late Enrollment.  Acceptance of enrollment does not waive the Pre-existing Condition provision.

Employees and enrolled Dependent(s) previously covered by this Plan may elect to change Plan options (switch  between Plan A and Plan C).  An election may not be changed by the Employee until the next Open Enrollment Period.  In subsequent years, an Employee is not required to complete an new election form during the Open Enrollment Period, unless the Employee elects to change his/her benefit program.  The “Open Enrollment Period” is at the discretion of the company and will be announced.  Employees and enrolled Dependents who are electing to change Plan options will not be subject to any additional Pre-existing Conditions limitations.  When an Employee elects to change benefit programs (switch between Plan A and Plan C), all previously incurred Covered Expenses,  Coinsurance, Deductibles, and Out-of-Pocket expenses will be transferred to the new Plan benefit program and will apply to the Calendar Year Deductibles, Calendar Year Maximum Benefits, Calendar Year Out-of-Pocket Expense Limit, and Maximum Benefit.


FAMILY STATUS CHANGE:

Once enrolled in the Plan, it is the Employee’s responsibility  to notify the Human Resources Department of any change in eligibility of a Dependent(s), including the birth of a child(ren) who is to be covered, loss of Full-time Student Status of a Dependent child(ren) and/or  adding or deleting any other Dependent(s).  Forms are available from the Human Resources Department for reporting changes in family status as required.

If the Employee elects to terminate Dependent(s) coverage, then chooses to re-enroll the Dependent(s), the Employee may re-enroll the Dependent(s), subject to the Late Enrollment provisions.

A Dependent child(ren), who ceases to qualify for Full-time Student Status and whose coverage was terminated, but who subsequently returns to Full-time Student Status, may reapply for coverage without the application of Special or Late Enrollment provisions, provided application for re-enrollment is submitted to the Employer on, before, or within thirty (30) days of eligibility.


EFFECTIVE DATE OF COVERAGE

EMPLOYEE(S) EFFECTIVE DATE:

Eligible Employees, as defined in the section entitled Eligibility, are effective for coverage under the Plan  from their date of hire, provided they make application for coverage within thirty (30) days from the date of hire. 

If the Employee does not enroll for coverage on, before, or within thirty (30) days of meeting the Plan’s eligibility requirements, the Effective Date of Coverage will be delayed.  Refer to the section entitled Enrollment.

If an Employee transfers from any foreign country division of the Employer, the Employee will be covered from their date of transfer, provided they make application for coverage within thirty (30) days from the date of transfer. Special and Late enrollment provisions will not apply to the Employee transferring from any foreign country division, provided application for coverage is made in a timely manner.

DEPENDENT(S) EFFECTIVE DATE:

An eligible Dependent(s), as defined in the section entitled Eligibility, will become covered under the Plan on the later of the following dates, provided the Employee has enrolled the Dependent(s) in the Plan:

1.       The date the Employee’s coverage becomes effective;

2.       The date the Dependent(s) is acquired, provided:

a.       The Employee enrolls the Dependent(s) within thirty (30) days following the date acquired; and

b.       The Employee makes any required contributions for Dependent coverage; and

3.       Newborn child(ren) shall be covered from birth, regardless of Confinement, provided the Employee has applied for Dependent(s) coverage on, before, or within thirty (30) days of birth;

4.       Coverage for a newly adopted child shall be effective the date the child is Placed for Adoption.

If the Employee does not enroll an eligible Dependent(s) on, before, or within thirty (30) days of meeting the Plan’s eligibility requirements, the Dependent(s)’s Effective Date of Coverage will be delayed.  Refer to the section entitled Enrollment.


PRE-EXISTING CONDITIONS:

 “Pre-existing Condition” means a condition (whether physical or mental), regardless of the cause of the condition, for which medical advice, diagnosis, care, or treatment, including the use of prescription drugs or medicines was recommended by, or received from, a  licensed   Physician  or a  licensed health  Practitioner during the six (6) month period prior to the Covered Person’s Effective Date of Coverage.  Benefits will be provided for Pre-existing Conditions after the earliest of the following:

1.       Twelve* (12) months (365 days) continuous coverage under the Plan, if the Employee has no prior creditable coverage; or

2.       Eighteen (18) months  (545 days) continuous coverage under the Plan, if the Employee was a Late Enrollee.

* This 12 month period may be reduced for periods the employee was covered under other Creditable Coverage, provided there is not more than a sixty-three (63) day break in coverage until the Enrollment Date of the Covered Person. The Covered Person must submit certification of prior Credible Coverage to the Human Resources Department in order to receive the credit for prior coverage.

This Pre-existing Condition limitation shall not apply to newborns or  newly adopted child(ren) who are enrolled in a timely manner (30 days).  The Plan shall provide benefits for an adopted child(ren) the same as a newborn child(ren).

This Pre-existing Condition limitation shall not apply to Pregnancy, even when a Late Enrollee.

Pre-authorization from the Health Care Management Organization does not constitute Plan liability for any Pre-existing Condition charges during this waiting period.


TERMINATION OF COVERAGE

Except as provided in the Plan’s sections entitled Continuation of Coverage (COBRA) or Extension of Benefits provision, coverage will terminate on the earliest of the following occurrences:

EMPLOYEE(S) TERMINATION DATE:

1.       The last day of the month the Employer terminates the Plan and offers no other group health plan.

2.       The last day of the month the Employee ceases to meet the eligibility requirements of the Plan.

3.       The last day of the month employment terminates.

4.       The last day of the month following the Employee’s written request to terminate coverage under this Plan.

5.       The date the Employee becomes a Full-time, active member of the armed forces of any country, other than scheduled drills or other training not exceeding one month in any Calendar Year.

6.       The last day of the month for which  contributions have been made on the Employee’s behalf while on an approved Leave of Absence.

7.       The first day an Employee fails to return to work following an approved Leave of Absence.

DEPENDENT(S) TERMINATION DATE:

1.       The last day of the month the Employer terminates the Plan and offers no other group health plan.

2.       The last day of the month the Employee’s coverage terminates. However, if the Employee remains eligible for the Plan, but elects to discontinue coverage, coverage may be extended for an Alternate Recipient(s). 

3.       The last day of the month such person ceases to meet the eligibility requirements of the Plan.

4.       The last day of the month following the Employee’s written request to terminate Dependent(s) coverage under this Plan.

5.       Cessation of Full-time Student Status for a Dependent Child(ren) age nineteen (19) or older shall terminate coverage on the earliest of the following dates:

a.       The last day of the month in which the Dependent(s) ceases to be a  Full-time Student;

b.       The date the school reconvenes after school vacation, if the Dependent(s) fails to meet the Full-time Student Status criteria;

c.       The last day of the  month following graduation;

d.       The date the Dependent(s) reaches the maximum age limit as stated in the section entitled Eligibility.

e.       If the Dependent(s)’s is Full-time Student Status ceases due to disability, coverage may continue under this Plan, provided:

1.       The Physician submits a written statement to the Claims Processor; and

2.       The Dependent(s) maintains an acceptable number of credit hours of academic courses as approved by the Employer.

If approved, the coverage shall terminate on the first day of the school’s next regular session following  the date  established  by a Physician’s  written  statement  to the Claims Processor  that the student is capable of Full-time Student  Status and  full-time school attendance.   It is the Employee’s responsibility to notify the Employer of  cessation of Full-time Student Status.

6.       The last day of the month  for which contributions have been made on the Dependent(s)’s behalf.

7.       The date the Dependent(s) becomes a Full-time active member of the armed forces of any country, other than scheduled drills or other training not exceeding one month in any Calendar Year.

8.       The date Dependent(s) coverage is discontinued under the Plan.

LEAVE OF ABSENCE:

Coverage may be continued for a limited time, contingent upon payment of any required contributions for the Employee and/or Dependent(s), when the Employee is on an authorized Leave of Absence from the Employer.  In no event will coverage continue for more than three (3) consecutive months after the Employee’s active service ends.  For further information, refer to the Hypercom Corporation Human Resources Management Guide.

FAMILY MEDICAL LEAVE ACT:

Eligible Leave:

If an Employee has worked for the Employer for at least twelve (12) months and has performed at least 1250 hours of service for the Employer during the previous twelve (12) month period, the Employee may remain covered under the Plan on an approved Leave of Absence as defined in the Family Medical Leave Act (FMLA).  Coverage will be continued under the same terms and conditions that would have applied had the Employee continued in Active employment, provided the Employee continues to pay his/her required contributions toward  the cost of coverage.

Under the Family Medical Leave Act (FMLA), eligible, enrolled Employees are entitled to a Leave of Absence up to twelve (12) work weeks during any twelve (12) month period, provided the leave is:

1.       To care for a child(ren) of the Employee during the twelve (12) months following the birth of the child(ren); or

2.       To care for a child(ren) placed with the Employee for adoption or foster care during the twelve (12) months following  the placement; or

3.       To care for the Employee’s spouse, son, daughter, parent of the Employee, or certain other people (as defined in the FMLA) having a “serious health condition”; or  

4.       Because the Employee has a “serious health condition” and is unable to perform the functions of the Employee’s position.

 “Serious health condition” is defined in FMLA, but generally means an Illness, Injury, impairment, or physical or mental condition that involves Inpatient care in  a Hospital, Hospice, or residential medical care facility, or continuing treatment by a health care provider. If leave continues beyond the twelve (12) weeks, the Employee will be eligible for Continuation of Coverage under COBRA.

Employee Notice:

If the leave is foreseeable,  the Employee must give the Employer thirty (30) days notice, or as much notice as practical.

Contributions:

During this leave, the Employer will continue to pay the same portion of the Employer’s contribution for the Plan.  The Employee shall be responsible to continue payment for the Employee and his/her  eligible Dependent(s)’s coverage. If the covered Employee fails to make the required contribution during an FMLA leave within thirty (30) days after the date the contribution was due, the Employee’s coverage will terminate effective on the date the contribution was due.

Reinstatement:

If coverage under the Plan was terminated during an approved Family Medical Leave due to non-payment of the required contributions by the Employee, and the Employee returns to Active employment immediately upon completion of that leave, Plan coverage will be reinstated on the date the Employee returns to Active employment without having to satisfy any waiting period requirement or Pre-existing Condition limitation provisions of the Plan, provided the Employee makes any necessary contributions and re-enrolls for coverage within thirty (30) days of his/her return to Active employment.

Repayment Requirement:

The Employer may require an Employee who fails to return from a leave under FMLA to repay any contributions paid by the Employer on the Employee’s behalf during such leave.  This repayment will be required only if the Employee’s failure to return from such leave is not related to a serious health condition or events beyond the Employee’s control.

EMPLOYEE REINSTATEMENT:

In the event the Employer experiences Employee layoffs, or an Employee voluntarily terminates employment with the Employer, the Employees enrolled in the Plan and their enrolled Dependent(s) are eligible for reinstatement of coverage, provided:

1.       Rehire occurs within ninety (90) days of layoff or termination of employment; and

2.       Coverage shall be from date of rehire. Prior accumulators, such as Deductible, Maximum Benefit, and Pre-existing Condition waiting period, shall be applied with no break in coverage.

An Employee of the Employer who voluntarily terminates employment with the Employer and fails to return to Active, Full-time employment within ninety (90) days following an approved Leave of Absence, layoff, or separation of service, will be considered a new Employee for purposes of eligibility under the Plan, and will be subject to all eligibility requirements, including all requirements relating to the Enrollment Date, and the Pre-existing Condition limitation.

STATUS CHANGE:

If an Employee or Dependent(s) has a status change while covered under this Plan (i.e., Dependent to Employee, COBRA to Active, etc.) and no interruption in coverage has occurred, the Plan will allow continuance of coverage with respect to any Pre-existing Condition limitation, Deductible(s), Coinsurance and Maximum Benefit.      

EXTENSION OF BENEFITS DURING
TOTAL DISABILITY:

If on the date coverage terminates, an Employee or Dependent(s) is Totally Disabled, benefits will be extended only for the condition causing such Total Disability and only during the uninterrupted continuance of that disability without payment of Employee contributions for such coverage.  This extended benefit will terminate on the earlier of the following:

1.       The date the Employee or Dependent(s) is no longer Totally Disabled;

2.       The date the person becomes eligible for Medicare;

3.       Upon eligibility for coverage in any other group health plan that does not limit coverage for the disabling condition;

4.       The date the Maximum Benefits under this Plan have been paid on the Employee’s or Dependent(s)’s behalf;

5.       Three (3) months following the date coverage terminated; or

6.       The date this Plan terminates.

PLAN TERMINATION:

The Employer expects this Plan to continue, but reserves the right to terminate this Plan at any time.  Termination of this Plan shall completely end all obligation of the Employer to provide benefits for incurred expenses after the date of Plan termination.  Refer to the section entitled General Provisions, Plan Termination.


CONTINUATION OF COVERAGE

In order to comply with federal regulations, this document includes a Continuation of Coverage option for certain individuals whose coverage would otherwise terminate.  The following is intended to comply with the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), as amended.

The coverage that may be continued under this provision consists of  health coverage.  It does not include life insurance benefits, accidental death and dismemberment benefits or income replacement benefits. Health coverage includes medical and dental benefits as provided under the Plan. 

QUALIFYING EVENTS:

Under this provision, the following Covered Persons, whose coverage would otherwise end, may continue coverage under the Plan:

1.       A Covered Dependent(s) of a covered Employee who dies;

2.       A covered Employee  and his/her covered Dependent(s) upon the Employee’s termination of employment (other than termination for gross misconduct) or whose work hours have been reduced to less than the minimum required for coverage under the Plan;

3.       A covered spouse (and any affected covered  Dependent(s) ) upon divorce or legal separation;

4.       A Covered Dependent(s) of a covered Employee whose termination from the Plan is due to the covered Employee’s becoming eligible for benefits under Medicare;

5.       A covered Dependent child(ren) who becomes married, attains the maximum age at which a Dependent child(ren) may be covered under the Plan, or otherwise becomes ineligible under the Plan’s terms because of age or Dependent status;

6.       The last day of leave under the Family Medical Leave Act of 1993; or

7.       Call up as a Reservist in the United States military or National Guard.

NOTIFICATION REQUIREMENTS:

1.       When eligibility for Continuation of Coverage results from a spouse being divorced or legally separated from a covered Employee, or a child(ren)’s marriage or attainment of the maximum age for coverage under the Plan, the Employee or Dependent(s) must notify the Employer of that event within sixty (60) days of the event.  Failure to provide such notice to the Employer will result in the person forfeiting his/her rights to Continuation of Coverage under this provision

2.       Within forty-four days (44) of receiving notice, the Employer will advise the Employee or Dependent(s) of his/her rights to continue coverage.

3.       After receiving notice, the Employee or Dependent(s) has sixty (60) days to decide whether to elect continued coverage. This sixty (60) day period begins on the latter of the following:

a.       The date coverage under the Plan would otherwise terminate; or

b.       The date the person receives the notice from the Employer of his/her rights to continuation of coverage.


If the Employee or Dependent(s) chooses to have continued coverage, he/she must advise the Employer in writing of this choice.  The Employer must receive this written notice no later than the last day of the sixty (60) day period.  If the election is mailed, the election must be postmarked on or before the last day of the sixty (60) day period.

4.       Within forty-five (45) days after the date the person notifies the Employer that he/she has chosen to continue coverage, the person must make the initial payment.  The initial payment will be the amount needed to provide coverage from the date continued health benefits begin to the date the election was made.  Thereafter, payments for the continued coverage are to be made monthly, and are due in advance on the first day each month.

5.       The Employee or Dependent(s) must make payments for the continued coverage. 

COST OF COVERAGE:

The Employer requires that Covered Persons pay the entire cost of  the continuation coverage, plus the legally permitted administration fee.  This must be remitted to the Employer, or the Employer’s designated representative, on or before the first day of each month during the continuation period.  The payment must be remitted each month in order to maintain the coverage in force.

For purposes of determining monthly costs for continued coverage, a person originally covered as an Employee or as a spouse will pay the rate applicable to an Employee if coverage is continued for him/herself alone, or the rate applicable to an Employee with Dependent(s), if the Employee and/or his/her spouse with one or more Dependent children, continues coverage as a family unit.  A child continuing coverage (except a children continuing coverage as part of a family unit continuing coverage) will pay the rate applicable to an Employee.

WHEN CONTINUATION COVERAGE BEGINS:

When continuation coverage is elected and the contributions paid, coverage is reinstated back to the date of the loss of coverage, so no break in coverage occurs.  Coverage for a Dependent(s) acquired and properly enrolled during the continuation period begins in accordance with the enrollment provisions of the Plan.

FAMILY MEMBERS ACQUIRED
DURING CONTINUATION:

A spouse or Dependent child(ren) newly acquired during continuation coverage is eligible to be enrolled as a Dependent(s). The standard enrollment provision of the Plan applies to enrollees during continuation coverage.  Any child(ren) born to, or adopted by, an Employee who is on Continuation of Coverage under COBRA shall be deemed a “qualified beneficiary.”  Such child(ren) shall have all rights of a qualified beneficiary including eligibility for extension of Continuation of Coverage under COBRA due to a second qualifying event.  A child born to, or Placed for Adoption, with the former spouse of a covered Employee shall not be eligible for the extension of continuation of coverage due to a second qualifying event.

SUBSEQUENT QUALIFYING EVENTS:

Once covered under continuation coverage, it is possible for a second qualifying event to occur, including:

1.       Death of an Employee;

2.       Divorce or legal separation from an Employee;

3.       Employee’s entitlement to Medicare; or

4.       The child(ren)’s loss of Dependent status.

If one of these subsequent qualifying events occurs,  a Dependent(s) may be entitled to a second continuation period. This period will, in no event, continue beyond thirty-six (36) months from the date of the first qualifying event.

Except as provided in the section entitled Family Members Acquired During Continuation, only a person covered prior to the original qualifying event is eligible to continue coverage again as the result of a subsequent qualifying event.  A Dependent(s) acquired during continuation coverage is not eligible to continue coverage as the result of a subsequent qualifying event.

For example:

1.       Continuation may begin due to termination of employment.  During the continuation, if a child(ren) reaches the upper age limit of the Plan, the child(ren) is eligible for a second continuation period.  This second continuation would end no later than thirty-six (36) months from the date of the first qualifying event, i.e., the termination of employment. 

2.       An Employee terminates and elects continuation coverage for him/herself and his/her spouse.  They would be allowed continuation coverage for up to eighteen (18) months.  If, during the eighteen (18) months, the Employee becomes entitled to Medicare, the spouse would be eligible for additional continuation coverage up to a total of thirty-six (36) months from the date of the first qualifying event.

END OF CONTINUATION:

Continuation will end on the earliest of the following dates:

1.       Eighteen (18) months from the date continuation began for an Employee whose coverage ended because of a reduction of hours or termination of employment; or

2.       Thirty-six (36) months from the date continuation began for a Dependent(s) whose coverage ended because of the death of the Employee, divorce or legal separation from the Employee, or the marriage or attainment of the maximum age of eligibility by a Dependent(s); or

3.       The end of the period for which contributions are paid if the Covered Person fails to make a payment on the date specified by the Employer; or

4.       The date coverage under this Plan ends and the Employer offers no other group health benefit plan; or

5.       The date the Covered Person becomes entitled to Medicare; or

6.       The date the Covered Person becomes covered under any other group health plan, with the exception of the pre-existing provision below.

PRE-EXISTING CONDITIONS:

In the event a Covered Person becomes eligible for coverage under another employer-sponsored group health plan, and that group health plan has a pre-existing limitation or exclusion, the Covered Person may remain covered under this Plan with Continuation of Coverage and elect coverage under the other employer’s group health plan.  Coordination of Benefits may occur in certain situations when a benefit limitation, rather than exclusion, applies to the Pre-existing Condition under the other employer’s plan.  This Plan will be secondary coverage to the other employer-sponsored group health plan.

EXTENSION FOR DISABLED INDIVIDUALS:

A person who is totally disabled may extend continuation coverage from eighteen (18) months to twenty-nine (29) months, provided the Covered Person receives a determination from the Social Security Administration that the Covered Person was disabled at the time of the qualifying event, or within sixty (60) days of the qualifying event.  The disabled person and the family members who were covered prior to the qualifying event are eligible for up to twenty-nine (29) months of Continuation of Coverage. The qualified beneficiary must submit proof of the determination of disability by the Social Security Administration to the Employer within the initial eighteen (18) month COBRA extension period and no later than sixty (60) days after the Social Security Administrations determination in order to be eligible for the additional eleven (11) month extension.

MILITARY MOBILIZATION:

Employees going into, or returning from, military service will have Plan rights as mandated by the Uniformed Services Employment and Reemployment Rights Act (USERRA). These rights include up to eighteen (18) months of extended health care coverage upon payment of the entire cost of coverage, plus a legally permitted administration fee; and immediate coverage with no Pre-Existing Conditions limitations applied in the Plan upon return from service.  These rights apply only to Employees and their Dependent(s) covered under the Plan before leaving for military service.    Coverage will be immediately reinstated upon return to Active employment meeting the eligibility requirements under this Plan.  Restoration of benefits will be at the same level that the Employee would have had if the Employee remained continuously covered.

Plan exclusions may be imposed for any Illness or Injury determined by the Secretary of Veterans Affairs to have been incurred in, or aggravated during, military service.

Additionally, the Civilian Health and Medical Program for Uniformed Services (CHAMPUS) is not considered “other group coverage” for the purposes of termination of COBRA coverage.


THIS PLAN AND MEDICARE

Individuals who have earned the required number of quarters for Social Security benefits within the specified time frame are eligible for Medicare Part A at no cost.  Ineligible individuals age sixty-five (65) and over may purchase Medicare Part A by making application to the Social Security Administration and paying the full cost.  Participation in Medicare Part B is available to all individuals who make application and pay the full cost of the coverage.

1.       When an Employee becomes entitled to Medicare coverage and is still Actively at Work, the Employee may continue health coverage under this Plan at the same level of benefits and contribution rate that applied before reaching Medicare entitlement.

2.       When a Dependent becomes entitled to Medicare coverage and the Employee is still Actively at Work, the Dependent may continue health coverage under this Plan at the same level of benefits and contribution rate that applied before reaching Medicare entitlement.

3.       If the Employee and/or Dependent is also enrolled in  Medicare, this Plan shall pay as the primary plan;  Medicare will pay as the secondary plan.

4.       If the Employee and/or Dependent elect to discontinue health coverage under this Plan, and enroll in Medicare, no benefits will be paid under this Plan.  Medicare will be the only payer.

This section is subject to the terms of the Medicare laws and regulations.  Any changes in these related laws and regulations will apply to the provisions of this section.


MEDICAL EXPENSE BENEFIT

Covered Expenses means the expenses actually incurred by, or on behalf of, a Covered Person for the expenses listed in this section, provided the expenses are incurred while such person is covered under this Plan.   The Covered Expenses for services or supplies provided must be recommended by a Physician and be Medically Necessary care and treatment for the Illness or Injury suffered by the Covered Person.  Specified preventive care expenses shall be Covered Expenses under this Plan.  The extent of benefits paid by the Plan for Covered Expenses is subject to any applicable Deductible, Co-payment, Coinsurance, and Maximum Benefit as shown in the section entitled Schedule of Benefits.

CO-PAYMENT:

The Co-payment is the amount payable by the Covered Person for certain medical treatment or services rendered by an EPO Provider.  These services and applicable Co-payments are shown in the section entitled Schedule of Benefits.  The Covered Person elects an EPO provider and pays the provider the Co-payment. The Plan pays the remaining Covered Expenses at the exclusive EPO rate.  The Co-payment must be paid each time the treatment or service is rendered.  The Co-payment will not be applied toward the following:

1.       the Calendar Year Deductible; or

2.       the maximum Out-of-Pocket Expense limit; or

3.       the common accident Deductible.

DEDUCTIBLE:

Penalty Deductible:

If the Covered Person fails to obtain Pre-authorization as specified in the section entitled Health Care Management, the Covered Person is responsible for an additional Deductible as specified in the section entitled Schedule of Benefits.  The penalty Deductible shall be applied to Covered Expenses first, then any applicable Calendar Year Deductible shall be applied.  Thereafter, the Plan’s Coinsurance shall apply. This penalty is waived if the Covered Person is traveling or resides outside the United States.

Individual Deductible:

The Individual Deductible is the amount of Covered Expense the Covered Person must incur and pay during each Calendar Year before any Plan benefits are payable. Covered Expenses incurred during the last three (3) months of the Calendar Year, and that are applied to the Individual Deductible of any Covered Person will also be applied to the Individual Deductible for the following Calendar Year.  Deductible carry-over does not apply to Family Deductibles. 

Only one Deductible will be applied toward the Covered Expenses incurred by a covered newborn Dependent(s)’s mother for a covered Pregnancy and the Covered Expenses for such newborn Dependent(s)’s routine preventive well-baby care incurred while such newborn Dependent(s) is less than five (5) days old and is confined in the birth Hospital or alternative Birthing  Center.

Family Deductible:

The Family Deductible is satisfied after any number of Covered Persons within a family unit combined satisfy the equivalent of two (2) individual Deductibles within a Calendar Year.  Thereafter, all other family members will be deemed to have met their Deductible for that Calendar Year.

Common Accident:

If, as a result of the same accident, two (2) or more Covered Persons within the same family unit sustain Injuries and incur medical charges resulting from such Injuries, the Calendar Year Deductible requirements will be applied among them for Covered Expenses related to that accident.  This Deductible feature is applied to Covered Persons for the Calendar Year. 

Deductible Exclusions:

The following items do not apply toward the satisfaction of the Deductible:

1.       Expenses for services or supplies not covered by this Plan;

2.       Expenses in excess of the Customary and Reasonable Charge;

3.       The Covered Person’s Coinsurance share of expenses partially covered by the Plan;

4.       The penalty for failure to obtain Pre-authorization; and

5.       Co-payments.

COINSURANCE:

The Coinsurance, otherwise referred to as the benefit percentage, is the percentage of the Customary and Reasonable Charge the Plan will pay for Non-Preferred Providers, or the percentage of the Negotiated Rate for Preferred Providers, or the percentage of the exclusive rate for Exclusive Providers.  Once the Deductible or the Co-payment is satisfied, the Plan shall pay benefits for incurred Covered Expenses during the remainder of the Calendar Year at the applicable Coinsurance as specified in the section entitled Schedule of Benefits.  The Covered Person is responsible for paying the remaining percentage.  The Covered Person’s portion of the Coinsurance represents his/her Out-of-Pocket Expense limit.

The Non-Preferred Provider of service may charge more than the Customary and Reasonable Charge.  The portion of the Non-Preferred Provider’s charges in excess of the Customary and Reasonable Charge are not  Covered Expenses under this Plan and are the responsibility of the Covered Person.


OUT-OF-POCKET EXPENSE LIMIT:

After the Covered Person has paid an amount equal to the Out-of-Pocket Expense Limit shown in the section entitled Schedule of Benefits for incurred Covered Expenses, the Plan will pay 100% of Covered Expenses for the remainder of the Calendar Year for Category 1 and Category 2 Covered Expenses.  Refer to the section entitled Schedule of Benefits for an explanation of Category 1 and Category 2 Covered Expenses.

The Out-of-Pocket Expense Limit per covered family will be deemed to be met when the combined total for all covered family members has been satisfied.  The Plan will pay 100% of Covered Expenses for the remainder of the Calendar Year for all covered family members for Category 1 and Category 2 Covered Expenses.

Out-of-Pocket Exclusions:

The following items do not apply toward satisfaction of the Out-of-Pocket Expense Limit:

1.       Expenses for supplies not covered by this Plan;

2.       Co-payments;

3.       Deductibles;

4.       Expenses for Mental and Nervous Disorders or Chemical Dependency, nor will the Plan pay 100% benefit;

5.       Expenses incurred as a result of failure to obtain Pre-authorization, nor will the Plan pay 100% benefit; and

6.       Expenses for Non-Preferred Provider services and supplies, nor will the Plan pay 100% benefit.

MAXIMUM BENEFIT:

The Maximum Benefit payable on behalf of a Covered Person is stated in the section entitled Schedule of Benefits.  This Maximum Benefit applies to the entire time he/she is covered under the Plan, either as an Employee or Dependent. If the Covered Person’s coverage under the Plan terminates and he/she  subsequently returns to coverage under the Plan, the Maximum Benefit will be calculated on the sum of benefits paid by the Plan during each period of coverage.

The section entitled Schedule of Benefits contains separate Maximum Benefits limitations for specified conditions.  The above provision will also apply to those maximums. Any separate Maximum Benefit is part of, and not in addition to, the medical Maximum Benefit.

In the event the Covered Person changes coverage between any of the Plan options (Plan A or Plan C), the benefits paid on behalf of the Covered Person shall apply to the Maximum Benefit limitations of all Plan options.  Such accumulation of benefits apply to each Covered Person for the duration the Covered Person is covered by any Plan option.

Restoration:

After a Covered Person reaches the $1,000,000 Medical Maximum Benefit, the Plan may grant restoration of the Maximum Benefit while covered by this Plan, if the Covered Person provides Physician certification that the condition(s) no longer exists. The expense of such evidence shall be the Covered Person’s responsibility.  The benefit shall be restored on the first day of the month coinciding with or next following approval of such evidence in writing.

HOSPITAL/AMBULATORY SURGICAL CENTER:

All Hospital admissions and Outpatient Surgeries, except surgeon’s charges not exceeding $400 or procedures performed on an Outpatient basis within forty-eight (48) hours of the Injury, are subject to Pre-authorization.  Failure to obtain Pre-authorization will result in a reduction of benefits.  Refer to the section entitled Health Care Management.  Covered Expenses shall include:

1.       Room and board for treatment in a Hospital, including Intensive Care Units, Cardiac Care Units, and similarly necessary accommodations. Covered Expenses for Room and Board shall be the Hospital’s average semi-private rate. Covered Expenses for Intensive Care or Cardiac Care Units shall be the Negotiated Rate for Preferred Providers and the Customary and Reasonable Charge for Non-preferred Providers.  A full private room rate is covered if the private room is necessary for isolation purposes and is not for the convenience of the Covered Person.

2.       Miscellaneous Hospital services, supplies, and treatments including, but not limited to:

a.       Admission fees, and other fees assessed by the Hospital for rendering Medically Necessary services, supplies, and treatments;

b.       Use of operating, treatment, or delivery rooms;

c.       Anesthesia, anesthesia supplies and its administration by an employee of the Hospital;

d.       Medical and surgical dressings and supplies, casts and splints;

e.       Blood transfusions, including the cost of whole blood the administration of blood, blood processing, and blood derivatives (to the extent blood or blood derivatives are not donated or otherwise replaced);

f.        Drugs and medicines (except drugs not used or consumed in the Hospital);

g.       X-ray and diagnostic laboratory procedures and services;

h.       Oxygen and other gas therapy and the administration thereof;

i.         Therapy services.

3.       Services, supplies and treatments described above and furnished by an Ambulatory Surgical Center, including follow-up care provided within seventy-two (72) hours of a procedure.

PRE-ADMISSION TESTING:

Pre-admission Testing enables the Covered Person to have necessary tests done as an Outpatient prior to a scheduled admission or Outpatient Surgery.  Pre-admission Testing for Medically Necessary tests will be covered provided all of the following conditions are met:

1.       The tests are ordered by a Physician;

2.       The tests are performed on an Outpatient basis;

3.       The tests are performed within seven (7) days prior to a Hospital Confinement or Outpatient Surgery; and

4.       All tests must be related to the admitted diagnosis.

AMBULANCE:

1.       Professional ambulance service for air or ground transportation to the nearest Hospital or Ambulatory Surgical Center able to provide the necessary services are considered Covered Expenses.

2.       In the event a condition requires specialized Emergency treatment not available at a local Hospital, Medically Necessary transportation for such treatment is covered when ordered by a Physician.  The transportation must be within the United States of America and Canada only, and be by a regularly scheduled airline, railroad, or by licensed air or ground ambulance.  Covered transportation is only from the initial Hospital to the nearest Hospital qualified to render the special treatment.

3.       Emergency services actually provided by an advance life support unit, even though the unit does not provide transportation.

EMERGENCY SERVICES/EMERGENCY ROOM:

Coverage for Emergency Room treatment and Emergency Services rendered shall be paid in accordance with the section entitled Schedule of Benefits.

SUPPLEMENTAL ACCIDENT:

The supplemental accident benefit is designed to supplement the Medical Expense Benefit and, therefore, is not subject to any Deductible or Co-payment.  Plan benefits will be payable subject to the Maximum Benefit as specified in the section entitled Schedule of Benefits.  The injuries must be sustained subsequent to the Covered Person’s Effective Date of Coverage under the Plan.  Services and supplies must be furnished within the ninety (90) day period beginning with the date the Covered Person sustained the injuries.

REHABILITATIVE SERVICES:

Inpatient:

Inpatient rehabilitative services are subject to Pre-authorization.  Failure to obtain Pre-authorization shall result in reduction of benefits. Inpatient rehabilitative services shall include Room and Board, including regular daily services and supplies furnished by the facility, Physician charges, physical therapy, speech therapy, and occupational therapy.

Outpatient:

Outpatient rehabilitative services shall include physical therapy, occupational therapy, and speech therapy to aid restoration of normal function that was previously normal but lost due to Illness or Injury.

PHYSICIAN/PRACTITIONER SERVICES:

Covered Expenses are:

1.       Diagnostic laboratory, examinations and x-ray services for a specific condition;  laboratory and x-ray services in connection with covered preventive services;

2.       Charges of a Physician or Practitioner for medical and/or surgical treatment;

3.       Surgical assistance provided by a Physician or Practitioner;

4.       Charges of  Physician or professional anesthetist for furnishing and administering anesthetics;

5.       Consultation charges requested by the attending Physician during a Hospital Confinement;

6.       Radiologist or pathologist services for interpretation of x-rays and laboratory tests necessary for diagnosis and treatment;

7.       Charges of a radiologist or laboratory for diagnosis or treatment, including radiation therapy and chemotherapy;

8.       Charges for Chiropractic Care up to the Maximum Benefit specified in the section entitled Schedule of Benefits;

9.       Charges for surgical treatment for sexual dysfunction; and

10.    Charges for surgical treatment for loss of hearing.

SECOND SURGICAL OPINION:

The Second Surgical Opinion benefit is designed to supplement the Medical Expense Benefit and, therefore, is not subject to any Deductible.

1.       Benefits for a Second Surgical Opinion for an elective surgery (non-emergency surgery) will be payable according to the section entitled Schedule of Benefits when recommended by the Health Care Management Organization or as required by the Plan, or the Covered Person elects to obtain a Second Surgical Opinion.

2.       The Physician rendering the Second Surgical Opinion regarding the Medical Necessity of such surgery must be qualified to render such a service and must not be affiliated in any way with the Physician who will be performing the actual surgery.

3.       In the event of conflicting opinions, a request for a third opinion may be obtained.  The Plan will consider payment for the third opinion as a Second Surgical Opinion.

4.       The Second Surgical Opinion benefit includes Physician services and any diagnostic services as may be required, if the Plan or Health Care Management Organization requires a Second Surgical Opinion as specified in the section entitled Schedule of Benefits.

5.       If the Covered Person should elect to obtain a Second Surgical Opinion without the recommendation of the Health Care Management Organization, the Second Surgical Opinion benefit includes Physician services only. Any diagnostic services will be payable under the diagnostic benefit as specified in the section entitled Schedule of Benefits.


TRANSPLANTS:

Transplant procedures are subject to Pre-authorization.  Failure to obtain Pre-authorization will result in a reduction of benefits.  Services and supplies in connection with organ transplant procedures are subject to the following conditions:

1.       If the recipient is covered under this Plan, eligible medical expenses incurred by the recipient will be considered for benefits.

2.       If the donor is covered under this Plan, eligible medical expenses incurred by the donor will be considered for benefits, provided the recipient is also covered under this Plan (eligible medical expenses incurred by each person will be treated separately for each person).

3.       Expenses incurred by the donor, who is not ordinarily covered under this Plan according to eligibility requirements, will be Covered Expenses to the extent that such expenses are not payable by any other form of health coverage, including any government plan, and the recipient is covered under this Plan.  The donor’s expense shall be applied to the recipient’s Maximum Benefits.  In no event will benefits be payable in excess of the Maximum Benefits still available to the recipient.

4.       The charges for securing an organ from a cadaver or tissue bank, including the surgeon’s charges for removal of the organ, and a Hospital’s charges for storage or transportation of the organ, will be  Covered Expenses.

PREGNANCY:

Expenses incurred for medical care and treatment rendered to a Covered Person’s Pregnancy shall be considered for benefits under this Plan, subject to all of the Plan’s terms and conditions applicable to medical care and treatment of an Illness.

The Plan shall cover services and supplies for Medically Necessary abortions, when the physical health of the mother would be endangered by continuation of the Pregnancy, or when the fetus has a known condition incompatible with life.

No benefits shall be payable:

1.       As to Pregnancy-related care or procedures that are not certified by a Physician as being Medically Necessary;  or

2.       For an elective abortion outside the provision above.

BIRTHING CENTER:

Services and supplies rendered at a Birthing Center, including legal midwife services or a registered midwife acting within the scope of his/her license, will be a Covered Expense.

NEWBORN CARE:

Covered Expenses for newborn well-baby care shall include Physician and Hospital charges for Routine Nursery Care, while the mother is confined for delivery, up to a Maximum Benefit of five (5) days.  Routine care includes charges related to circumcision.

PREVENTIVE CARE:

Services rendered for immunizations, vaccinations, routine physical examinations and diagnostic services not related to the treatment of a specific diagnosis shall be a Covered Expense if rendered by a PPO or EPO Provider.  Preventive care shall be limited as specified in the section entitled Schedule of Benefits.

STERILIZATION:

Covered Expenses shall include elective sterilization procedures for the covered Employee and covered spouse.

EXTENDED CARE FACILITY:

Charges made by an Extended Care Facility are eligible under the Plan provided:

1.       The Covered Person was first confined in a Hospital for at least three (3) consecutive days;

2.       The attending Physician recommends extended care Confinement for convalescence from a condition that caused that Hospital confinement, or a related condition;

3.       The extended care Confinement begins within fourteen (14) days after discharge from that Hospital Confinement, or within fourteen (14) days after a related extended care Confinement; and

4.       The Covered Person is under a Physician’s continuous care who certifies the Covered Person must have twenty-four (24) hours-per-day nursing care.

If the Covered Person is discharged from the Extended Care Facility and again becomes an Inpatient in such facility within fourteen (14) days of the original discharge, it is considered one period of Confinement.

Covered Expenses are:

1.       Room and Board, including regular daily services and supplies furnished by the Extended Care Facility, limited to the facility’s average semi-private room rate; and

2.       Other services and supplies, except for Professional Services, ordered by a Physician and furnished by the Extended Care Facility for Inpatient medical care.

Extended Care Facility benefits are limited to the number of days shown in the section entitled Schedule of Benefits for all confinements due to the same or related Illness or Injury, and are subject to all the Plan’s limitations and exclusions.

HOME HEALTH CARE:

Home Health Care enables the Covered Person to receive treatment in his/her home for an Illness or Injury, instead of being confined in a Hospital or Extended Care Facility.  All of the following must be satisfied to be covered under this benefit:

1.       The Covered Person’s Physician must establish and review a written plan of care that specifically describes the Home Health services and supplies to be provided; and

2.       The Covered Person must be homebound, meaning  that leaving the home could be harmful to the Covered Person, involves a considerable and taxing effort, and the Covered Person is unable to use transportation without assistance; and

3.       The Covered Person’s condition must be serious enough to require Confinement in a Hospital or Extended Care Facility in the absence of Home Health Care.

Home Health Care services include:

1.       Physician services;

2.       Nursing care by a registered nurse or licensed practical nurse;

3.       Physical, respiratory, occupational or speech therapy, medical social work, and Home Health Aide Services;

4.       Medical appliances and equipment, laboratory services and special meals, if such services and supplies would have been covered by the Plan if the Covered Person had been in a Hospital; and

5.       Nutritional guidance by a registered dietitian, and nutritional supplements such as diet substitutes administered intravenously or through hyperalimentation as determined Medically Necessary.

The Plan will not pay for services or supplies excluded under the Plan’s limitations and exclusions. 

HOSPICE CARE:

Hospice Benefits will be covered only if the Covered Person’s attending Physician certifies:

1.       The Covered Person is terminally ill; and

2.       The Physician has certified the life expectancy is less than six (6) months.

Covered Expenses are:

1.       Confinement in a Hospice Facility or at home;

2.       Ancillary charges furnished by the Hospice while the Covered Person is confined;

3.       Medical supplies, drugs and medicines prescribed by the attending Physician, but only to the extent such items are necessary for pain control and management of the terminal condition;

4.       Physician services and/or nursing care by a registered nurse, a licensed practical nurse, or a licensed vocational nurse;

5.       Home Health Aide Services and Home Health Care by an aide who is employed by the Hospice, in the case of Hospice benefits, or by the Home Health Care Agency, in the case of Home Health benefits, and is provided part-time or as intermittent care under the supervision of a registered nurse, physical therapist, occupational therapist, or speech therapist.  Such care includes ambulation and exercise, assistance with self-administered medications, reporting changes in the Covered Person’s conditions and needs, completing appropriate records, and personal care or household services that are needed to achieve the medically desired results;

6.       Nutrition services to include nutritional advice by a registered dietitian, and nutritional supplements, such as diet substitutes administered intravenously or through hyperalimentation, and special meals;

7.       Counseling services by a licensed social worker or a licensed pastoral counselor as provided through the Hospice;

8.       Respite care for a minimum of four (4) or more hours per day (provides care of the Covered Person to allow temporary relief to the family members or friends from the duties of caring for the Covered Person); and

9.       Bereavement counseling as a supportive service to Covered Persons in the terminally ill Covered Person’s immediate family. Benefits will be payable up to the bereavement care maximum shown in the section entitled Schedule of Benefits, provided: 

a.       On the date immediately before death, the terminally ill person was covered under the Plan and received Hospice care benefits; and

b.       Charges for such services are incurred by the Covered Person within six (6) months of the terminally ill person’s death.

No benefits are payable for Hospice care or services excluded under the Plan’s limitations and exclusions.  Any Covered Expense paid under Hospice benefits will not be considered a Covered Expense under any other provision of this Plan.

DURABLE MEDICAL EQUIPMENT:

Rental or purchase, whichever is less costly, of necessary Durable Medical Equipment for therapeutic use by the Covered Person is a Covered Expense.  Equipment ordered prior to the Covered Person’s Effective  Date of Coverage  is not covered, even if delivered after the Effective Date of Coverage.  Repair or replacement of Medically Necessary Durable Medical Equipment, due to the normal use or growth of a child(ren) will be provided.  Durable Medical Equipment is limited as specified in the section entitled Schedule of Benefits.

PROSTHESES:

Purchase of a prosthesis provided  for functional reasons when replacing a missing body part shall be considered a Covered Expense.  No benefits will be provided for cosmetic prostheses except for the Covered Person’s external breast prosthesis once every three (3) Calendar Years, and the first permanent internal breast prosthesis necessary because of a mastectomy.  A prosthesis ordered prior to the Covered Person’s Effective Date of Coverage is not covered, even if delivered after the Effective Date of Coverage. Repair or replacement of a Medically Necessary prosthesis, due to normal use or growth of a child(ren), will be a Covered Expense.

TEMPOROMANDIBULAR JOINT DYSFUNCTION:

Surgical and non-surgical treatment of Temporomandibular Joint (TMJ) or myofacial pain syndrome shall be a Covered Expense, but shall not include orthodontia.

DENTAL SERVICES:

Charges in connection with dental work, dental x-rays, dental examination, or oral surgery, including Hospital Room and Board, necessary services supplies, and charges of a Physician or repair of sound natural teeth or other body tissue, shall be a Covered Expense, provided:

1.       It is the result of an Injury occurring while the Covered Person is covered under this Plan; and

2.       Treatment begins within ninety (90) days of the date of such Injury.

Charges directly related to the removal of impacted wisdom teeth are Covered Expenses, if Dental coverage is not provided by this Plan.

SPECIAL EQUIPMENT AND SERVICES:

Covered Expenses shall include Medically Necessary special equipment and supplies to include, but not be limited to: casts, splints, braces, trusses, surgical and orthopedic appliances, colostomy bags and supplies required for their use, catheters, syringes and needles for diabetes or allergies, test strips for diabetes, surgical dressings, crutches, oxygen, the initial pair of glasses or contacts needed due to cataract surgery, purchase or rental of orthopedic shoes and shoe inserts, blood, blood plasma or blood derivatives and the administration thereof. Donated blood or replaced blood is not a Covered Expense.

COSMETIC SURGERY:

Charges for Cosmetic Surgery shall be a Covered Expense, provided:

1.       A Covered Person receives an Injury as a result of an accident while covered for benefits hereunder and, as a result, suffers bodily damage requiring surgery (cosmetic Surgery and treatment must be to restore the Covered Person to  his/her normal function immediately prior to the accident);           

2.       It is required to correct a congenital anomaly, i.e. a birth defect for a child(ren) born while covered under this Plan or prior plan of the Employer;

3.       It is for reconstructive breast surgery because of a mastectomy that occurred while covered under this Plan;

4.       It is for reconstructive breast reduction on the non-diseased breast to make it equal in size with the diseased breast following reconstructive surgery on the diseased breast, provided the mastectomy occurred while covered under this Plan.

MENTAL AND NERVOUS DISORDERS/
CHEMICAL DEPENDENCY:

Inpatient or Partial Confinement:

Subject to the Pre-authorization provisions of the Plan, the Plan will pay the applicable Coinsurance as defined in the section entitled Schedule of Benefits, for Confinement in a Hospital or Treatment Center for services and supplies related to the treatment of Mental and Nervous Disorders and/or Chemical Dependency.  Two (2) days of Partial Confinement will be considered as one day of Inpatient Confinement.  Partial Confinement means treatment for at least three (3) hours, but no more than twelve (12) hours, in any twenty-four (24) hour period.

Outpatient:

The Plan will pay the applicable Coinsurance as defined in the section entitled Schedule of Benefits, for Outpatient services and supplies related to the treatment of Mental and Nervous Disorders and/or Chemical Dependency.

PRESCRIPTIONS:

Charges for drugs and medicines requiring a written Prescription and that are dispensed by a Pharmacist shall be Covered Expenses.  However, if benefits for prescription drugs are provided under the Prescription Drug Service Program of the Plan,  payment of medical charges for prescription drugs under the medical benefits of the Plan are limited to such charges made by the Hospital or medical treatment facility for prescription drugs administered to a Covered Person.


MEDICAL EXCLUSIONS

In addition to Plan Exclusions, no benefit will be provided under this Plan for expenses incurred by a Covered Person for the following:

1.       Charges for Pre-existing Conditions, except as specifically stated herein;

2.       Elective abortions, or the expenses related to medical treatment for complications due to an elective abortion;

3.       Sterilization reversal;

4.       Charges for services, supplies or treatment related to the diagnosis or treatment of infertility and artificial reproductive procedures, including, but not limited to: artificial insemination, in vitro fertilization, surrogate mother, fertility drugs when used for treatment of infertility, embryo implantation, or gamete intrafallopian transfer (“GIFT”).

5.       Birth control supplies or devices, except as specified herein;

6.       Charges for services, supplies or treatment for  transsexualism, gender dysphoria, or sexual reassignment or change, including medications, implants, hormone therapy, surgery, medical or psychiatric treatment. 

7.       Expenses for Hospital admission on Friday, Saturday, or Sunday, unless the admission is an Emergency situation, or surgery is scheduled within twenty-four (24) hours.  If neither situation applies, Room and Board charges will only be payable commencing the date of the actual surgery;

8.       Inpatient Room and Board charges in connection with a Hospital Confinement primarily for diagnostic tests that could have been performed safely on an Outpatient basis;

9.       Charges for biofeedback or educational therapy;

10.    Charges for marital or family counseling, except as provided under the section entitled Medical Expense Benefit, Mental and Nervous/Chemical Dependency;

11.    Expenses for, or in connection with, treatment of teeth or periodontium, except as specifically stated herein;

12.    Optometric services, dispensing optician’s services, orthoptics, eyeglasses, contact lenses, routine eye examinations and eye refractions for the fitting of glasses, except as specifically stated under the section entitled Medical Expense Benefit, Special Equipment and Supplies;  any eye surgery solely for the purpose of correcting refractive defects of the eye, such as near-sightedness (myopia) and astigmatism, or contact lenses or glasses required as a result of this surgery;

13.    Routine foot care, including treatment of weak, strained, flat, unstable, or unbalanced feet, metatarsalgia, corns, calluses, fallen arches, and trimming of toenails, except for the removal of nail roots;

14.    Charges for services or supplies constituting personal comfort or beautification items; television or telephone use; education, training and bed and board while confined to an institution for training;  a place of rest; a place for the aged; a nursing home or institution of like character, nor for Custodial Care;

15.    Charges for telephone consultations;

16.    Expenses for non-prescription drugs and medicines, such as vitamins, cosmetic dietary aids, nutritional supplements and Nicorette, even through a prescription number has been assigned. Amphetamines will not be considered a Covered Expense when prescribed as a dietary aid;

17.    Air purifiers, air conditioners, humidifiers, exercise equipment, water purifiers, whirlpools, heating pads, hot water bottles, allergenic pillows or mattresses, or waterbeds;

18.    Purchase or rental of escalators or elevators, saunas or swimming pools, professional medical equipment, such as blood pressure kits, or supplies or attachments for any of these items;

19.    Therapeutic devices or appliances, including support garments and other non-medical substances, regardless of intended use;

20.    Expenses for a cosmetic procedure and all related services, except as specifically stated in the section entitled Medical Expense Benefit, Cosmetic Surgery;      

21.    Services or supplies primarily for weight reduction or treatment of obesity.  This exclusion will not apply to surgical treatment of obesity if:

a.       Surgical treatment of obesity is necessary to treat another life-threatening condition involving obesity; and

b.       It has been documented that non-surgical treatments of the obesity have failed.

22.    Replacement of casts, splints, or similar devices damaged as a result of negligence;

23.    Any charge for treatment of smoking cessation;

24.    Examination in connection with a hearing aid or the purchase of a hearing aid, except as specified herein;

25.    Any and all services related to acupuncture treatment;

26.    Charges for additional days of Inpatient Hospital Confinement denied by the Health Care Management Organization;

27.    Charges for homeopathy and naturopathy;

28.    Charges for Preventive Care rendered by a Non-Preferred Provider;


PRESCRIPTION DRUG PROGRAM

The Prescription Drug Program is provided through a contractor who has contracted pharmacies to participate in the Prescription Drug Program.  For purposes of this section only, the following shall apply:

1.       All other provisions in this Plan pertaining to Deductible amounts and requirements are not applicable to the Prescription Drug  Program.

2.       All other provisions in this Plan pertaining to the notice of claim, proof of loss, and payment of benefits do not apply to the processing of prescription drug claims.

A prescription drug identification card will be issued to each Employee covered under this Prescription Drug Program. 

PARTICIPATING PHARMACIES:

If a Covered Person incurs charges by a pharmacist who is participating in the Prescription Drug Program of this Plan for Covered Prescription Drugs, such charges in excess of the applicable prescription drug Co-payment will be payable at 100%.  This 100% payment will be in the form of a reimbursement to the participating pharmacist, who has agreed to accept this amount as payment in full,  in an amount equal to the lesser of:

1.       The pharmacist’s submitted price for the drug; or

2.       The average wholesale price of the drug.

When patronizing a participating pharmacy, the Covered Person will present the identification card and the Physician’s prescription to the pharmacist. At the time the pharmacist dispenses the medication, the Covered Person will pay the applicable prescription drug Co-payment to the pharmacist.  The pharmacist will require the Covered Person to sign a form (furnished by the pharmacist) as acknowledgment of receipt of the prescription drug.  The pharmacist will forward the claim form to the prescription drug contractor and reimbursement for the Covered Prescription Drugs will be made to the pharmacist by the prescription drug contractor, as outlined above.

For Co-payment amounts under the Prescription Drug Program/Participating Pharmacies, refer to the section entitled Schedule of Benefits.


NON-PARTICIPATING PHARMACIES:

If a Covered Person incurs charges by a pharmacist or pharmacy  who is not participating in the Prescription Drug Program of this Plan for Covered Prescription Drugs, such charges in excess of the prescription drug Co-payment will be reimbursed to the Covered Person in an amount equal to the lesser of:

1.       The Pharmacist’s submitted price for the drug; or

2.       The average wholesale price of the drug that would have been paid had the Covered Person utilized a participating pharmacy.

If a Covered Person patronizes a pharmacy not participating in the Prescription Drug Program of this Plan, such person should request the pharmacist complete a direct reimbursement claim form obtainable from the Employer’s Human Resources/Benefits Administration office.  At the time the pharmacist dispenses the medication, the Covered Person will pay the entire cost of the prescription drug.  The direct reimbursement claim form should then be mailed by the Covered Person to the Claims Processor.  Reimbursement for the Covered Prescription Drugs will be made to the Covered Person by the prescription drug contractor.

PRESCRIPTION DRUG PROGRAM COVERED EXPENSES/DRUGS:

Subject to the exclusions and limitations of the Plan, “Covered Prescription Drugs” shall mean:

1.       Federal legend drugs:  Any medical substance bearing the legend, “Caution:  Federal law prohibits dispensing without a prescription.”

2.       State restricted drugs:  Any medicinal substance that may be dispensed by prescription only, according to state law.

3.       Compounded medications:  A compounded prescription is an extemporaneously prepared dosage form containing at least one Federal legend drug in a therapeutic amount.

4.       Insulin:  By prescription only.

5.       Oral Contraceptives.

A generic drug will automatically be substituted for a brand name, unless the Physician writes on the prescription “Dispense as Written.”

The Claims Processor, on behalf of the Employer, will be responsible for the final determination of payment on all submitted claims.

MAIL ORDER PRESCRIPTIONS:

It is the intent of this Plan to provide coverage for Mail Order Prescriptions; therefore, the Employer has contracted with a company to provide maintenance prescription drugs at a discounted rate through a mail-order program.  If the Covered Person requires a maintenance-type drug, the Physician may write the prescription for up to a ninety (90) day supply or 300 units.  The Plan shall pay 100% of Covered Expenses after satisfaction of the Co-payment.  A generic drug will automatically be substituted for a brand name, unless the Physician writes on the prescription “dispense as written.”

PRESCRIPTION DRUG PROGRAM EXCLUSIONS:

No benefits will be payable under the Prescription Drug Program for the following prescription or non-prescription drugs and/or items:

1.       Diaphragms, contraceptive jellies ointments, foams, or other contraceptive devices;

2.       Therapeutic devices or appliances, support garments, and other non-drug substances, including, but not limited to insulin needles and insulin syringes;

3.       Over-the-counter products;

4.       Drugs labeled: “Caution: Limited by Federal law to investigational use”; or experimental drugs, even when charge is made to the Covered Person;

5.       Medication for treatment of allergies except such medication prescribed by a Physician;

6.       Charges for “Covered Prescription Drugs” made by any Hospital or medical treatment facility that are not members of the Prescription Drug Program under the Plan, and that are administered to the Covered Person (these charges will be paid as medical benefits if they otherwise qualify as such);

7.       Charges that can be excluded from the definition of medical charges by virtue of Medical Benefits - exclusions and limitations to the same extent as if Medical Benefit - exclusions and limitations were specifically applicable to Covered Prescription Drugs;

8.       Charges incurred for the treatment of Pre-existing Condition(s), except as specifically allowed by the Plan;

9.       Growth hormones, fertility agents, vitamins and dietary supplements, anti-smoking aids, drugs used to treat or cure baldness, Retin-A for Covered Persons older than twenty-seven (27) years of age, anorectic (drugs used for the purpose of weight control), immunization agents, biological sera, blood, or blood plasma.

Furthermore, no benefits will be paid under the prescription drug benefits for drugs (including insulin) if the quantity of any one prescription or refill, according to directions, exceeds a thirty-four (34) day supply, or one hundred (100) tablets or capsules, whichever is greater, except as described in the section entitled Prescription Drug Program Covered Expenses/Drugs, Mail Order Prescriptions.


DENTAL EXPENSE BENEFIT

DENTAL PROVISIONS:

Payment is made for Covered Dental Services a Covered Person incurs, not to exceed the Reasonable and Customary charges.  The Benefit  Payable, Deductible, and Maximum Amounts that apply are shown in the Schedule of Benefits.

Charges are deemed to be incurred on the date the service is performed, except:

1.       Charges for full or partial dentures or fixed bridge work are deemed to be incurred when the last impression is taken;

2.       Charges for crowns are deemed to be incurred when the tooth is prepared or filed for crowning;

3.       Charges for root canals are deemed to be incurred when canal work on the tooth starts.

DENTAL LIMITATIONS:

1.       Oral exams, bitewing x-rays and prophylaxis are limited to two (2) per Calendar Year;

2.       A complete mouth x-ray is limited to one (1) each three (3) years;

3.       Topical application of fluoride is limited to one (1) per Calendar Year; and

4.       Prosthodontic appliances, cast restorations, dentures, individual crowns and jackets will be replaced only after five (5) years have passed since the last such service was performed.

5.       Maximum Lifetime Orthodontia Benefit is 50% to a maximum of $2,000 per Covered Person, with a one year waiting period (from date of eligibility). 

6.       Maximum Annual Benefit is $1,000 per Covered Person.

DENTAL EXCLUSIONS:

1.       Any service not listed in Dental Services;

2.       Any service performed for cosmetic reasons (except if due to accidental injury or congenital disease as specified in the Summary Plan Document);

3.       Occupational accidents or illness covered by Workers’ Compensation or Occupational Disease Law;

4.       Installation of, or addition to, full or partial dentures or fixed bridge work are excluded unless:

a.       The installation or addition is an initial one needed because of extraction of one (1) or more injured or diseased natural teeth; and

b.       The denture or bridge work includes replacement of the extracted tooth;

c.       The extraction takes place for a Covered Person on or after the Effective Date of this Plan; or

d.       If the extraction occurs before the Effective Date of this Plan, the person must have been covered for this benefit for at least three (3) consecutive years under the Dental Plan replaced by this Plan.

5.       Oral hygiene and dietary instructions;

6.       Plaque control programs;

7.       Hospital services;

8.       Myofunctional therapy;

9.       Treatment of the Temporomandibular Joint;

10.    Hypnosis;

11.    Any operations or service not performed by a physician or dentist, or licensed dental  oral hygienist  under the supervision of a dentist;

12.    Surgery required to restore occlusion;

13.    Expenses payable under the Employer’s medical plan, HMO Plan, or similar plan;

14.    Charges for appointments not kept;

15.    Experimental procedures;

16.    Expenses incurred prior to the Covered Person’s Effective Date of Coverage or after termination of coverage hereunder, except as specified in the section entitled Continuation of Coverage.

17.    Prosthetics to replace teeth missing or extracted prior to the Covered Person’s Effective Date of Coverage and not previously replaced;

18.  Dentures that have been lost, mislaid, or stolen.    

DENTAL SERVICES:

Refer to the section entitled Schedule of Benefits, Dental Benefits, for details regarding Deductibles, annual and lifetime Maximum Benefits, and the Coinsurance applicable to the following Dental Services. Subject to the Limitations, Exclusions, and other provisions of the Dental Benefit, the following are Covered Dental Services:

CLASS I INCLUDES:  (Benefit paid at 80%,  subject to maximum annual benefit per person.)

1.       Oral examinations with required x-rays and prophylaxis;

2.       Topical application of fluoride for a Dependent child(ren) under age 19;

3.       Emergency oral examination for pain relief; and

4.       Space maintainers for missing primary teeth.

CLASS II - INCLUDES: (Benefit paid at 80%, subject to deductible and maximum annual benefit per person.)

1.       Acrylic, amalgam, plastic, porcelain, silicate or stainless steel restorations;

2.       Extractions (including post-operative);

3.       Oral surgery;

4.       Endodontics;

5.       Periodontics; and

6.       Anesthesia.


CLASS III - INCLUDES: (Benefit paid at 80%, subject to deductible and maximum annual benefit per person.)

1.       Inlays and crowns;

2.       Gold fillings;

3.       Replacement cast restorations;

4.       Bridges;

5.       Initial dentures; and

6.       Replacement prosthodontic appliances.

CLASS IV - INCLUDES: (Benefit paid at 50%, subject to deductible and lifetime Maximum Benefit per person.)

1.       Orthodontia.

PREDETERMINATION OF DENTAL BENEFITS:

It is recommended that any treatment estimated to be in excess of $300 be sent to the Claims Processor in writing by the dentist, for review prior to treatment, except for emergency care.

ALTERNATIVE TREATMENT/DENTAL CARE:

When more than one treatment plan is available to achieve satisfactory results, benefits will be provided for the least expensive treatment plan.

DEDUCTIBLE:

The individual deductible is the dollar amount of Covered Expense each Covered Person must incur and pay during each Calendar Year before the Plan pays applicable benefits.  The individual deductible amount is shown on the Schedule of Benefits.


VISION EXPENSE BENEFIT

 (COVERAGE TO BE EFFECTIVE JULY 1, 1998)

Vision benefits will be paid for approved covered vision expenses for the Covered Persons as shown on the Schedule of Benefits. The benefits will apply when charges are incurred for vision care by a legally licensed Physician or Optometrist.

DEDUCTIBLE:

The individual deductible is the dollar amount of Covered Expense each Covered Person must incur and pay during each Calendar Year before the Plan pays applicable benefits.  The individual deductible amount is shown on the Schedule of Benefits.

COVERED VISION EXPENSE:

The Plan provides coverage for services, supplies and treatment, after the Calendar Year Deductible has been satisfied, for the following:

1.       One examination and refraction in any eighteen  (18) consecutive months.

2.       One pair of lenses or contacts in any eighteen (18) consecutive months.

3.       One pair of frames in any  eighteen (18) consecutive months.

VISION EXCLUSIONS:

In addition to Plan Exclusions, no benefit will be provided under this Plan for Vision Expenses incurred by a Covered Person for the following:

1.       Services or supplies rendered as a condition of employment or by any governmental body.

2.       Replacement of lenses or frames that have been lost, stolen, or broken..

3.       Laminating, tinting, or coating of lenses, sunglasses (plain or prescription), safety lenses,
or goggles.

4.       Medical or surgical care of the eye. (Refer to the section entitled Medical Expense Benefit for applicable coverage.)

5.       Artificial eyes.  (Refer to the section entitled Medical Expense Benefit for applicable coverage.)

6.       Any lenses not prescribed by a legally licensed Physician or optometrist.

7.       Any services performed, or supplies provided, for special procedures, such as orthoptics, or any aids for sub-normal vision.


PLAN EXCLUSIONS

No benefit will be provided under this Plan for expenses incurred by a Covered Person for the following:

1.       Charges for services or supplies from any Hospital owned or operated by the United States government or any agency thereof, or charges for services, treatment or supplies furnished by the United States government or any agency thereof, unless payment is legally required;

2.       Charges for services or supplies received caused by or contributed to war, or any act of war.  “War” means declared or undeclared war, whether civil or international, and any substantial armed conflict between organized forces of a military nature.

3.       Any condition for which benefits of any nature are recovered, or are found to be recoverable, either by adjudication or settlement, under any Worker’s Compensation law, Employer’s liability law, or occupational disease law, even though the Covered Person fails to claim rights to such benefits;

4.       Charges in connection with any Illness or Injury arising out of, or in the course of, any employment for wage or profit;

5.       Charges made for services and supplies not Medically Necessary for the treatment of Illness or Injury, or not recommended and approved by the attending Physician, except as specifically stated herein, or to the extent that the charges exceed the Customary and Reasonable Charge or exceed the Negotiated Rate;

6.       Charges resulting from, or occurring during, the commission of a crime by the Covered Person, while engaged in an illegal occupation, felonious act or aggravated assault;

7.       To the extent that payment under this Plan is prohibited by any law of the jurisdiction in which the Covered Person resides at the time the expenses are incurred;

8.       Charges for services rendered and/or supplies received prior to the Effective Date of Coverage or after the termination date of a Covered Person’s coverage;

9.       Charges covered under any other plan of benefits through the Employer;

10.    Any services or supplies for which the Covered Person is not legally required to pay or for which  no charge is made to the Covered Person in the absence of coverage;

11.    Experimental or investigational services, meaning any service so classified by the Food and Drug Administration (FDA), Health Care Finance Administration (HCFA), or any service not generally recognized by the medical profession as tested and accepted medical practice;

12.    Charges incurred outside the United States if the Covered Person traveled to such a location for the sole purpose of obtaining medical services, drugs or supplies;

13.    Charges for services rendered by a Physician or Practitioner, if such professional is a Close Relative of the Covered Person or resides in the same household of the Covered Person;

14.    Services rendered by providers beyond the scope of their license;

15.    Charges for injuries suffered by a Covered Person due to the negligent conduct of a third party, if the Covered Person fails to provide information as specified in the section entitled Subrogation/Third Party Liability;

16.    Claims not submitted within twelve (12) months of the Incurred Date.


CLAIM PROCEDURE AND
PAYMENT OF BENEFITS

FILING A CLAIM:

1.       A claim form is to be completed on each covered family member upon the initial submission of a claim incurred during the Calendar Year and for each subsequent claim involving an Injury.  Appropriate claim forms are available from the Employer in the Human Resources/Benefits Administration office.

2.       All bills submitted for payment must contain the following information:

a.       Name of patient;

b.       Patient’s date of birth;

c.       Name of Employee;

d.       Address of Employee;        

e.       Name of Employer;

f.        Name, address and tax ID number of provider;

g.       Employee’s Social Security Number;

h.       Date of Service;

i.         Diagnosis;

j.         Description of service and procedure number;

k.       Charge for service;

l.         The nature of the accident, Injury, or Illness being treated.

3.       Claims not submitted within twelve (12)  months of the date of incurred liability will be denied.

The Covered Person may ask the provider to submit the bill directly to the Claims Processor, or the Covered Person may file the bill with a claim form.  If the services of a Preferred Provider are used, the Preferred Provider should file the claim on the Covered Person’s behalf.  However, it is ultimately the Covered Person’s responsibility to make sure the claim has been filed for benefits.

NOTICE OF CLAIM:

A claim for benefits must be submitted to the Claims Processor within ninety (90) days after the occurrence or commencement of any services covered by the Plan, or as soon thereafter as reasonably possible.

Failure to file a claim within the time provided shall not invalidate or reduce any claim, if it shall be shown:

1.       It was not reasonably possible to file a claim within that time; and

2.       Such claim was furnished as soon as possible, but no later than one (1) year after the loss occurred or commenced, unless the claimant was legally incapacitated.

Notice given by, or on behalf of, a covered Employee or his/her beneficiary, if any, to the Plan Administrator or to any authorized agent of the Plan with information sufficient to identify the Covered Person, shall be deemed notice of claim.

PAYMENT OF BENEFITS:

To obtain benefits under this Plan, the Covered Person must submit proof to the Claims Processor that the Covered Expenses applicable to the Deductible have been incurred.  Proof will include an itemized bill on the Provider’s letterhead or statement and the diagnosis.

If additional information is needed for payment of the claim, the Claims Processor will request the same.  The Claims Processor will approve, partially approve, or deny the claim within ninety (90) days after all necessary information is received to determine the validity of the claim.

If the services of a Preferred Provider or Exclusive Provider are used, the Plan benefits are payable directly to the provider of service.  If the services of a Non-Preferred Provider are used, benefits are payable to the Employee whose Illness or Injury, or whose Dependent(s) Illness or Injury, is the basis of claim under this Plan, unless the Employee has made an assignment of  benefits to the provider of service.

In the event a claim for benefits under the Plan is not paid in whole or in part, the Employee will receive written notification stating the required information including the review procedure, in the same fashion as reimbursement for a claim, in a manner calculated to be understood by the Employee. A claim worksheet will be provided by the Claims Processor showing the calculation of the total amount payable, charges not payable, and the reason for the partial or total denial of benefit.

APPEALING A CLAIM:

Review Procedure:

A Covered Person, or the Covered Person’s representative, may request a review of the claim denial by making written request to the Claims Processor within sixty (60) days of receipt of the notice of denial.  Written notice for review should:

1.       State the reasons the Covered Person feels the claim should not have been denied; and

2.       Include any additional information the Covered Person believes supports the claim.

Upon receipt of the written request for review of a claim, the Claims Processor will review the claim and furnish copies of all documents and all reasons and facts relative to the decision. An Employee, or his/her authorized representative, may examine all pertinent documents the Claims Processor may have and submit an opinion in writing of the issues and his/her comments.

Decision on Review:

Decision by the Employer will be made within sixty (60) days, unless special circumstances require more time, then the decision shall be rendered as soon as possible, but no later than one hundred twenty (120) days after receipt of the Employee’s request for review.  This decision will also be delivered to the Employee in writing, setting forth specific reasons for the decision and specific references to the pertinent Plan provisions upon which the decision is based.

ARBITRATION:

Most people do not want to become involved in lawsuits.  Litigation can entail lengthy delays, high costs, unwanted publicity and ill will.  Appeals might be filed, causing further delay after a decision is rendered.  Arbitration, on the other hand, is usually faster and less expensive.  It is also conclusive.

Under arbitration, instead of going to court, those involved agree to submit their dispute to an impartial third party for a final and binding decision.  Arbitration is a substitute for taking a dispute to court, and disputes submitted to arbitration cannot later be taken to court.

Either the Employer or the Covered Person can request a dispute be submitted to binding arbitration.  Either party can do this before a lawsuit (called a complaint)  has been filed or within sixty (60)  days after a complaint, an answer, a counter claim, or an amendment to a complaint has been served.

Arbitration will be governed by the provisions of the Federal Arbitration Act and to the extent any provisions of that Act are inapplicable, unenforceable, or invalid, the laws of the State where the Plan Administrator is domiciled will govern.  To find out how to initiate arbitration, simply call any office of the American Arbitration Association (AAA).

The decision of the arbitrator(s) shall be binding and final on the Employer and the Covered Person, with the costs of the arbitration to be borne by the party or parties as determined by the arbitrator(s).

FOREIGN CLAIMS:

In the event a Covered Person incurs Covered Expenses in a foreign country, the Covered Person shall be responsible for providing the following to the Claims Processor before payment of any benefits due are payable:

1.       The claim form, provider invoice, and any other documentation required to process the claim, submitted in the English language;

2.       The charges for services converted into dollars; and

3.       A current conversion chart validating the conversion from the foreign country’s currency into dollars.


INCAPACITY:

If, in the opinion of the Employer, a Covered Person for whom a claim has been made is incapable of furnishing a valid receipt of payment due him/her and, in the absence of written evidence to the Plan of any qualification of a guardian or personal representative for his estate, the Plan may, at its discretion, make any and all such payments to the provider of medical services or other person providing for the care and support of such Covered Person.  Any payment so made will constitute a complete discharge of the Plan’s obligation to the extent of such payment, and the Employer will not be required to see to the application of the money so paid.

RECOVERY OF OVERPAYMENT:

Whenever payments have been made from the Plan in excess of the maximum amount of payment necessary, the Employer will have the right to recover these excess payments to whom such overpayment was made.

PHYSICAL EXAMINATION REQUIRED BY
THE PLAN:

The Plan, at its own expense, shall have the right to require an examination of a Covered Person under this Plan when and as often as it may reasonably require during the pending period of a claim.

LEGAL ACTIONS:

No action at law or in equity shall be brought to recover on the Plan prior to the expiration of sixty (60) days after a claim has been filed in accordance with the requirements of the Plan.  No such action shall be brought after the expiration of three (3) years after the time a claim is required to be furnished.


COORDINATION OF BENEFITS

The Coordination of Benefits provision is intended to prevent duplication of benefits.  It applies when the Covered Person is also covered by any Other Plans(s).  When more than one coverage exists, one plan normally pays its benefits in full, referred to as the primary plan.  The Other Plan(s), referred to as a secondary plan(s), pays a reduced benefit.  When coordination of  benefits occurs, the total benefit payable by all plans will not exceed 100% of “Allowable Expenses.”  Only the amount paid by this Plan will be charged against the Maximum Benefit.

The Coordination of Benefits provision applies whether or not a claim is filed under the Other Plan(s).  If the Other Plan(s) provides benefits in the form of services rather than cash, the reasonable value of the service rendered shall be deemed the benefit paid.

DEFINITIONS APPLICABLE TO THIS PROVISION:

 “Allowable Expenses” means any reasonable, necessary and customary expenses incurred while covered under this Plan, part or all of which would be covered under any of the Other Plan(s).   Allowable Expenses do not include expenses contained in the section entitled Exclusions.

When this Plan is secondary, Allowable Expenses will include any Deductible or Coinsurance amounts not paid by the Other Plan(s).

When this Plan is secondary, Allowable Expenses shall NOT include any amount that is not payable under the primary plan as a result of a contract between the primary plan and a provider of service in which such provider agrees to accept a reduced payment and not to bill the Covered Person for the difference between the provider’s regularly billed charges.

“Other Plan” means any plan, policy or coverage providing benefits or services for, or by reason of, medical, dental, or vision care.  Such Other Plan(s) may include, without limitation:

1.       Group insurance or any other arrangement for coverage for Covered Persons in a group, whether on an insured or uninsured basis, including, but not limited to, Hospital indemnity benefits and Hospital reimbursement-type plans;

2.       Hospital or medical service organizations on a group basis, group practice, and other group prepayment plans, or on an individual basis, having a provision similar in effect to this provision;

3.       A licensed Health Maintenance Organization;

4.       Any coverage for students sponsored by, or provided through, a school or other educational institution;

5.       Any coverage under a government program and any coverage required or provided by any statute;

6.       Group automobile insurance;

7.       Individual automobile insurance coverage on an automobile owned or leased by the Employer;

8.       Individual automobile insurance coverage based upon the principles of  “No-fault” coverage;

9.       Any plans or policies funded, in whole or in part, by an employer, or deductions made by an employer from a Covered Person’s compensation or retirement benefits; or

10.    Labor/management trustee, union welfare, employer organization, or Employee benefit organization plans.

“This Plan” shall mean that portion of the Employer’s Plan providing benefits that are subject to this provision.

“Claim Determination Period” means a Calendar Year, or that portion of a Calendar Year, during which the Covered Person for whom a claim is made has been covered under the Plan.

EFFECT ON BENEFITS:

This provision shall apply in determining the benefits for a Covered Person for each Claim Determination Period for the Allowable Expenses.  If This Plan is secondary, the benefits paid under This Plan may be reduced so the sum of benefits paid by all plans does not exceed 100% of total Allowable Expenses.

If the rules set forth below would require This Plan to determine its benefits before such Other Plan(s), then the benefits of such Other Plan(s) will be ignored for the purposes of determining the benefits under This Plan.

ORDER OF BENEFIT DETERMINATION:

Each Plan will make its claim payment according to the following order of benefit determination:

1.       No Coordination of Benefits Provision:  If the Other Plan(s) contains no provision for Coordination of Benefits, then its benefits shall be paid before all Other Plan(s).

2.       Employee/Dependent:  The Plan covering the claimant as an Employee (or Named Insured) pays as though no Other Plan(s) exists.  Remaining recognized charges are paid under the Plan covering the claimant as a Dependent.

3.       Dependent Children of Parents not Separated or Divorced:  The Plan covering the parent whose birthday (month and day) occurs earlier in the year pays first.  The Plan covering the parent whose birthday falls later in the year pays second.  If both parents have the same birthday, the plan that covered a parent longer pays first. A parent’s year of birth is not relevant  in applying this rule.

4.       Dependent Children of Separated or Divorced Parents:   When parents are separated or divorced, the birthday rule does not apply.  Instead:

a.       If a court decree has given one parent financial responsibility for the child’s health care, the Plan of that parent pays first.  The Plan of the stepparent, if any, married to that parent pays second.  The Plan of the other natural parent pays third.  The Plan of the spouse of the other natural parent pays fourth.

b.       In the absence of such a court decree, the Plan of the parent with custody pays first.  The Plan of the stepparent, if any, married to the parent with custody pays second.  The Plan of the parent without custody pays third.  The Plan of the spouse of the parent without custody pays fourth.

5.       Active/Inactive:   The Plan covering a person as an Active (not laid off or retired) Employee, or as that person’s Dependent(s) pays first.  The Plan covering that person as a laid off or retired Employee, or as that person’s Dependent(s) pays second.   

6.       Longer/Shorter Length of Coverage:  If none of the above rules determines the order of benefits, the Plan covering a person longer pays first.  The Plan covering that person for a shorter time pays second.

7.       Limited Continuation of Coverage:  If a person is covered under another group health plan, but is also covered under This Plan for continuation of coverage due to the Other Plan’s limitations for Pre-existing Conditions, the Other Plan shall be primary for all Covered Expenses not related to the Pre-existing Condition.  This Plan shall be primary for the Pre-existing Condition only.

LIMITATIONS ON PAYMENTS:

In no event shall the Covered Person recover under This Plan and all Other Plan(s) combined more than the total Allowable Expenses offered by This Plan and the Other Plan(s).  Nothing contained in this section shall entitle the Covered Person to benefits in excess of the total Maximum Benefits of  This Plan during the Claim Determination Period.  The Covered Person shall refund to the Employer any excess This Plan may have paid.

COORDINATION WITH MEDICARE:

Notwithstanding all other provisions of This Plan, all Covered Persons who are eligible for Medicare benefits will be entitled to benefits under This Plan in addition to Medicare, in accordance with Medicare rules.  The benefits of This Plan will be coordinated with Medicare.  If any Covered Person eligible for Medicare fails to enroll, benefits will be paid as though he/she had enrolled.

RIGHT TO RECEIVE AND RELEASE NECESSARY INFORMATION:

For the purposes of determining the applicability of and implementing the terms of this provision, the Employer may, without the consent of or notice to any person, release to or obtain from any insurance company or any other organization or person, any information with respect to any person. Any person claiming benefits under This Plan shall furnish to the Employer such information as may be necessary to implement the Coordination of Benefits provision.

FACILITY OF BENEFIT PAYMENT:

Whenever payments that should have been made under This Plan, in accordance with this provision, have been made under any Other Plan(s), the Employer shall have the right, exercisable alone and in its sole discretion, to pay over to any organization making such other payments, any amounts it shall determine to be warranted in order to satisfy the intent of this provision.  Amounts so paid shall be deemed to be benefits paid under This Plan and, to the extent of such payments, the Employer shall be fully discharged from liability under This Plan.


SUBROGATION/
THIRD PARTY LIABILITY

It is not the intent of this Plan that any Covered Person should be reimbursed for more than 100% of his/her Allowable Expenses (as defined in the Coordination of Benefits provision).  Therefore, this Plan maintains the right to seek reimbursement on its own behalf, i.e., the right of subrogation.  This Plan also reserves the right to reimbursement upon a Plan participant’s receipt of settlement, judgment, or award, i.e. the right of third party liability reimbursement.  This Plan reserves the right of recovery, either by subrogation or third party liability, for Covered Expenses payable by this Plan as a result of Illness or Injury suffered from an accident due to the negligent conduct of a third party. These expenses are payable, in part or in whole, by such third party, another person, an insurance company, or from a judgment or settlement.

As a condition of receiving benefits under this Plan, the Plan participant agrees to this Plan’s right to recovery under third party liability or subrogation rights against any third party negligence, up to the amount of expenses incurred by this Plan.  Payment of benefits will be contingent upon the participant’s cooperation with the Claims Processor by providing This Plan with all required information and assistance in the recovery of such payment or overpayment, to the extent of such payment by this Plan.  The term “information” includes any instruments and documents as the Plan Administrator may reasonably require to enforce its rights. 

The Plan Administrator has delegated to the Claims Processor the right to perform ministerial functions required to assert this Plan’s rights;  however, the Plan Administrator shall retain discretionary authority with regard to asserting third party liability reimbursement and subrogation rights of this Plan.


GENERAL PROVISIONS

ADMINISTRATION OF THE PLAN:

The Plan is administered through the Human Resources Department of the Employer.  The Employer is the Plan Administrator.  The Employer has retained the services of an independent Claims Processor experienced in claims review.  The Plan is a legal entity. Legal notices may be filed with, and legal process served, upon the Employer.

The Employer is the Named Fiduciary of the Plan. As fiduciary, the Employer maintains discretionary authority to review all denied claims for benefits under the Plan with respect to which it has been designated Named Fiduciary, including, but not limited to, the denial of certification of the Medical Necessity of Hospital or medical treatment, to interpret the terms of the Plan and to determine eligibility for and entitlement to Plan benefits in accordance with the terms of the Plan.  Any interpretation or determination made pursuant to such discretionary authority shall be given full force and effect, unless it can be shown that the interpretation or determination was arbitrary and capricious.

ASSIGNMENT:

The Plan will pay benefits under this Plan to the Employee, unless payment has been assigned to a Hospital, Physician, or other provider of service furnishing the services for which benefits are provided herein.  No assignment, however, shall be binding on the Plan unless the Claims Processor is notified in writing of such assignment prior to payment hereunder.

Preferred Providers and Exclusive Providers normally bill the Plan directly.  If service has been received from a Preferred Provider or Exclusive Provider, benefits are automatically paid to that provider.  Any balance due after the Plan payment will then be billed to the Covered Person by the Preferred Provider.

BENEFITS NOT TRANSFERABLE:

No person other than an eligible Covered Person is entitled to receive benefits under this Plan.  Such right to benefits are not transferable.

CLERICAL ERROR:

No clerical error on the part of the Employer or Claims Processor shall operate to defeat any of the rights, privileges, services, or benefits of any Employee or any Dependent(s) hereunder, nor create or continue coverage that would not otherwise validly become effective or continue in force hereunder.  An equitable adjustment of contributions and/or benefits will be made when the error or delay is discovered.

CONFORMITY WITH STATUTES:

Any provision of the Plan in conflict with statutes applicable to this Plan is hereby amended to conform to the minimum requirements of said statute(s).

EFFECTIVE DATE OF THE PLAN:

The original  Effective Date of  this Plan was June 1, 1993.   The   effective dates  of the modifications  contained  herein  are June 1, 1995,  with amendments dated June 1, 1996,  July 1, 1996, August 1, 1996, January 1, 1997, March 1, 1997, and October 1, 1997, and June 1, 1998.

FALSE STATEMENTS:

If the Covered Person, or anyone acting on behalf of the Covered Person, makes a false statement on the application or eligibility records, or withholds information with intent to deceive or affect the acceptance of the enrollment application or the risks assumed by the Employer, or otherwise misleads the Employer, the Employer shall be entitled to recover its damages, including legal fees, from the Covered Person, or from any other person responsible for misleading the Employer, and from the person for whom the benefits were provided.

FREE CHOICE OF HOSPITALS AND PHYSICIAN:

Nothing contained in this Plan shall, in any way or manner, restrict or interfere with the right of any Covered Person entitled to service and care hereunder to select a Hospital or to make a free choice of the attending Physician. However, benefits will be paid in accordance with the provisions of this Plan and the Covered Person will be Out-of-Pocket more if the Covered Person uses the services of a Non-Preferred Provider.

INCONTESTABILITY:

All statements made by the Employer or by the Employee covered under the Plan shall be deemed representations and not warranties.  Such statements shall not void or reduce the benefits under the Plan, or be used in defense to a claim unless they are contained in writing, signed by the Employer or by the Covered Person, as the case may be. A statement made shall not be used in any legal contest, unless a copy of the instrument containing the statement is or has been furnished to the other party to such a contest.

LIMITS ON LIABILITY:

Liability hereunder is limited to the services and benefits specified, and the Employer shall not be liable for any obligation of the Covered Person incurred in excess thereof.

The Employer shall not be liable for the negligence, wrongful act, or omission of any Physician, Provider, Practitioner, Hospital, or other institution, or their employees, or any other person.  The liability of the Plan shall be limited to the reasonable cost of Covered Expenses and shall not include any liability for pain and suffering or general damages.

MEDICAL NECESSITY (MEDICALLY NECESSARY):

The benefits of this Plan are provided only for services that are Medically Necessary. The services must be ordered by the attending Physician for the direct care and treatment of a covered Illness or Injury, except for routine care as specifically stated herein.  They must be standard medical practice where received for the Illness or Injury being treated, and must be legal in the United States.  When an Inpatient Confinement is necessary, services are limited to those that could not have been performed on an Outpatient basis.

MISREPRESENTATION:

Any material misrepresentation on the part of the Covered Person in making application for coverage, or any application for reclassification thereof, or for services thereunder, shall render the coverage null and void.

PLAN IS NOT A CONTRACT:

The Plan shall not be deemed to constitute a contract between the Employer and any Employee, or to be a consideration for, or an inducement or condition of, the employment of any Employee.  Nothing in the Plan shall be deemed to give any Employee the right to be retained in the service of the Employer or to interfere with the right of the Employer to terminate the employment of any Employee at any time.

PLAN MODIFICATION AND AMENDMENT:

The Employer may modify or amend the Plan from time to time at its sole discretion, and such amendments or modifications affecting the participants will be communicated to the participants.  Any such amendments shall be in writing, setting forth the modified provision of the Plan, the Effective Date of the modifications, and shall be signed by the Employer’s designee.

PLAN TERMINATION:

The Employer reserves the right to terminate the Plan at any time.  Upon termination, the rights of the Covered Persons to benefits are limited to claims incurred up to the date of termination.  Any termination of the Plan will be communicated to the participants.

Upon termination of this Plan, all claims incurred prior to termination, but not submitted to either the Employer or the Claims Processor within three (3) months of the Effective Date of termination of this Plan, will be excluded from any benefit consideration.

PRONOUNS:

All personal pronouns used in this Plan shall include either gender unless the context clearly indicates to the contrary.

PROTECTION OF COVERAGE:

The Employer shall not have the right to cancel or terminate coverage of any individual Employee hereunder while this Plan remains in effect and while said Employee remains eligible.

TERMS OF COVERAGE:

In order for a person to be entitled to benefits under this Plan, both the Plan and the person’s coverage under the Plan must be in effect on the date the expense giving rise to a claim for benefits is incurred.

The benefits a Covered Person  may be entitled to will depend on the terms of coverage in effect on the date the expense giving rise to a claim for benefits is incurred.  An expense is incurred on the date the Covered Person received the service or supply for which a charge is made.

TIME EFFECTIVE:

The effective time, with respect to any dates used in this Plan, shall be 12:01 a.m. (midnight) Standard Time as may be legally in effect at the address of the Plan Administrator, or the Employee, as appropriate.

WORKERS COMPENSATION NOT AFFECTED:

This Plan is not in lieu of, and does not affect any requirement for, coverage by Workers’ Compensation Insurance.


DEFINITIONS

Certain words and terms used  herein shall be defined as follows and are shown in capital letters throughout the document.

ACTIVE OR ACTIVELY AT WORK:

The active expenditure of time and energy in the service of the Employer.  An Employee shall be deemed Actively at Work on each day of a regular paid vacation, sick leave, or on a regular non-working day, provided he/she was Actively at Work on the last preceding regular work day.

ALTERNATE RECIPIENT:

Any child(ren) of the Employee or the spouse of the Employee who is recognized in a Qualified Medical Child Support Order (QMCSO) issued by any court judgment, decree, or order, as being entitled to enroll for coverage under this Plan.

AMBULATORY SURGICAL CENTER:

A facility, other than a medical or dental office, whose main function is performing surgical procedures on an Outpatient basis.  It must be licensed as an Outpatient clinic according to state and local laws and must meet all requirements of an Outpatient clinic providing surgical services.

BIRTHING CENTER:

A facility that meets professionally recognized standard and all of the tests that follow:

1.       It mainly provides an Outpatient setting for childbirth following a normal, uncomplicated Pregnancy.

2.       It has:

a.       At least two (2) delivery rooms;

b.       All the medical equipment needed to support the services furnished by the facility;

c.       Laboratory diagnostic facilities; and

d.       Emergency equipment, trays, and supplies for use in life threatening events.

3.       It has a medical staff that:

a.       Is supervised full-time by a Physician; and

b.       Includes a registered nurse at all times when patients are in the facility.

4.       If it is not part of a Hospital, it has  a written agreement(s) with a local Hospital(s) and a local ambulance company for the immediate transfer of patients who require greater care than can be furnished at the facility.

5.       It admits only patients who:

a.       Have undergone an educational program to prepare them for the birth; and

b.       Have records of adequate prenatal care.

6.       It schedules Confinements of not more than twenty-four (24) hours for a birth.

7.       It maintains a medical record for each patient.

8.       It complies with all licensing and other legal requirements that apply.

9.       It is not the office or clinic of one or more Physicians or a specialized facility other than a Birthing Center.

CALENDAR YEAR:

A twelve (12) month period starting each January 1st at 12:01 a.m. Standard Time as may be in effect at the address of the Employer.

CHEMICAL DEPENDENCY:

A physiological or psychological dependency, or both, on a controlled substance and/or alcoholic beverages. It is further characterized by a frequent or intense pattern of pathological use to the extent the user: exhibits a loss of self-control over the amount and circumstances of use;  develops symptoms of tolerance or physiological and/or psychological withdrawal if the

use of the controlled substance or alcoholic beverage is reduced or discontinued; and the user’s health is substantially impaired or endangered or his/her social or economic function is substantially disrupted.  Diagnosis of these conditions will be determined based on standard DSM-III-R (diagnostic and statistical manual of mental disorders) criteria.

CHIROPRACTIC CARE:

Services provided by a licensed Chiropractor, M. D., or D. O., to include: spinal manipulation, adjunctive therapy, vertebral alignment, subluxation, spinal column adjustments, necessary x-rays, and other treatments of the spinal column, neck, extremities, or other joints, other than for fractures or surgery.

CLOSE RELATIVE:

The Employee’s spouse, children, brothers, sisters, or parents;  or the children, brothers, sisters, or parents of the Employee’s spouse.

COINSURANCE:

The benefit percentage of Covered Expenses payable by the Plan for benefits that are provided under the Plan.  The Coinsurance is applied to Covered Expenses after the Deductible(s) have been met.

CONCURRENT REVIEW:

Concurrent Review occurs during the Covered Person’s Hospital Confinement to determine if continued Inpatient care is Medically Necessary.

CONFINEMENT:

A continuous stay in a Hospital, Extended Care Facility, or at home, due to an Illness or Injury diagnosed by a Physician.  Later stays shall be deemed part of the original confinement, unless there was either a complete recovery during the interim from the Illness or Injury causing the initial stay, or unless the later stay results from a cause or causes unrelated to the Illness or Injury causing the initial stay.

CO-PAYMENT:

A cost sharing arrangement whereby a Covered Person pays a set amount for a specific service at the time that service is provided.

COSMETIC SURGERY:

The surgical alteration of hard and soft tissue for the improvement of a person’s appearance, rather than the improvement or restoration of bodily functions.

COVERED EXPENSES:

Medically Necessary services,  supplies, or treatments that are recommended or provided by a licensed Physician, Practitioner, or covered facility for the treatment of an Illness or Injury and  that are not specifically excluded from coverage herein.  Covered Expenses shall include specified preventive care services.

COVERED PERSON:

A person who is eligible for coverage under this Plan, or becomes eligible at a later date, and for whom the coverage provided by this Plan is in effect.

CREDITABLE COVERAGE:

Coverage of an individual under any of the following:

1.       A group health plan, including governmental plans and church plans.

2.       Health insurance, either group or individual insurance, including COBRA Continuation of Coverage.

3.       Part A or B of Title XVIII of the Social Security Act (Medicare).

4.       Title XIX of the Social Security Act (Medicaid), other than coverage consisting solely of benefits under Section 1928 of the Social Security Act (the program for distribution of pediatric vaccines).

5.       Title 10 U.S.C. Chapter 55 (medical and dental care for members and certain former members of the uniformed services, and for their dependents; for purposes of Title 10 U.S.C. Chapter 55, “uniformed services” means the armed forces and the Commissioned Corps of the National Oceanic and Atmospheric Administration and of Public Health Service.

6.       A medical care program of the Indian Health Service or of a tribal organization.

7.       A state health benefits risk pool.

8.       The Federal Employee Health Benefits Plan (FEHBP).

9.       A public health plan as defined in HCFA regulations.

10.    Any health benefit plan under Peace Corps Act d 5(e).

CUSTODIAL CARE:

Care that does not require the continuing services of skilled medical or allied health professionals and that is designed primarily to assist the Covered Person in activities of daily living, including institutional care that is primarily to support self-care and provide Room and Board. Custodial Care includes, but is not limited to, help in walking, getting into and out of bed, bathing, dressing, feeding and preparation of special diets, and supervision of medications that are ordinarily self-administered.

Room and Board and skilled nursing services are not, however, considered Custodial Care if:

1.       Provided during Confinement in an institution for which coverage is available under this Plan; and

2.       Combined with other necessary therapeutic services, under accepted medical standards, that can reasonably be expected to substantially improve the person’s medical condition.

CUSTOMARY AND REASONABLE CHARGES:

1.       Customary is the fee that falls within the range of prevailing fees charged by Physicians of similar training or experience for a procedure in a given geographic region.

2.       Reasonable is the fee that meets the requirements of customary and is justified considering the complexity or the severity of treatment for a specific case.

DEDUCTIBLE:

The accumulated amount of Covered Expenses incurred throughout the Calendar Year the Covered Person must pay before any Coinsurance applies.

DEPENDENTS:

For a complete definition of  “Dependent,” refer to the section entitled Eligibility, Dependent Eligibility.

DURABLE MEDICAL EQUIPMENT:

Medical equipment which:

1.       Can withstand repeated use;

2.       Is not disposable;

3.       Is primarily and customarily used to serve a medical purpose;

4.       Is generally not used in the absence of Illness or Injury; and

5.       Is appropriate for used in the home.

Such equipment includes, but is not limited to, wheelchairs, kidney dialysis machines, and hospital beds.

EFFECTIVE DATE:

The date of  this Plan, or the date on which the Covered Person’s coverage commences, whichever occurs last.

ELECTIVE SURGICAL PROCEDURE:

A surgical procedure that need not be performed on an Emergency basis because reasonable delay will not cause life endangering complications.

EMERGENCY:

The sudden onset of an Illness or Injury requiring immediate medical attention.

EMERGENCY ADMISSION:

An Emergency Admission occurs when a Covered Person is admitted to the Hospital as an Inpatient due to an Emergency, as defined.

EMPLOYEE:

For a complete definition of Employee, refer to the section entitled Eligibility, Employee Eligibility.

EMPLOYER:

Employer shall mean Hypercom, Inc.

ENROLLMENT DATE:

The first day of coverage, or the first day of the waiting period, if any.

EXCLUSIVE PROVIDER:

A Physician or Hospital who has an agreement in effect with the Exclusive Provider Organization at the time services are rendered.  Exclusive Providers agree to accept an exclusive rate of payment.

EXCLUSIVE RATE:

The rate Exclusive Providers have contracted to accept as payment in full for the Covered Expenses of the Plan.

EXPERIMENTAL/INVESTIGATIONAL PROCEDURES:

Experimental procedures are:

1.       Those that have not yet been used frequently enough to establish a track record;

2.       Procedures that have not yet achieved a success rate high enough to be considered safe or effective; or

3.       Procedures that have progressed to limited use on humans, but that are not widely accepted as proven and effective by the Health Care Financing Administration.

Services, supplies and treatment not constituting accepted medical practice properly within the range of appropriate medical practice under the standards of the case and by the standards of a reasonably substantial, qualified, responsible, relevant segment of the medical community or government oversight agencies at the time services were rendered.

The Plan Administrator must make an independent evaluation of the experimental/non-experimental standings of specific technologies.  The Plan Administrator will be guided by a reasonable interpretation of Plan provisions.  The decisions will be made in good faith and rendered following a factual background investigation of the claim and the proposed treatment.  The Plan Administrator will be guided by the following principles:

1.       If the drug or device cannot be lawfully marketed without approval of the U. S. Food and Drug Administration, and approval for marketing has not been given at the time the drug or device is furnished; or

2.       If the drug, device, medical treatment or procedure, or the Covered Person’s informed consent document utilized with the drug, device, treatment or procedure, was reviewed and approved by the treating facility’s institutional review board or other body serving a similar function, or if federal law requires such review or approval; or

3.       If  “reliable evidence” shows the drug, device, medical treatment or procedure is the subject of on-going Phase I or Phase II clinical trials, is in the research, experimental, study, or investigational arm of on-going Phase II clinical trials, or is otherwise under study to determine its maximum tolerated dose, its toxicity, its safety, its efficacy, or its efficacy as compared with a standard means of treatment or diagnosis; or

4.       If  “reliable evidence” shows prevailing opinion among experts regarding the drug, device, medical treatment or procedure is that further studies or clinical trails are necessary to determine its maximum tolerated dose, its toxicity, its safety, its efficacy, or its efficacy as compared with standard means of treatment or diagnosis.

“Reliable evidence” shall mean only publishes reports and articles in the authoritative medical and scientific literature;  the written protocol or protocols used by the treating facility or the protocol(s) of another facility studying substantially the same drug, device, medical treatment or procedure; or the written informed consent used by the treating facility or by another facility studying substantially the same drug, device, medical treatment or procedure.

EXTENDED CARE FACILITY:

An institution, or distinct part thereof, operated pursuant to law and one meeting all of the following conditions:

1.       It is licensed to provide, and is engaged in providing, on an Inpatient basis for persons convalescing from Illness or Injury, professional nursing services rendered by a graduate registered nurse or by a licensed practical nurse under the direction of a graduate registered nurse, and physical restoration services to assist patient to reach a degree of body functioning to permit self-care in essential daily living activities.

2.       Its services are provided for compensation from its patients while under the full-time supervision of a Physician or graduate registered nurse.

3.       It provides twenty-four (24) hours per day nursing services by a licensed nurse while under the direction of a full-time graduate registered nurse.

4.       It maintains a complete medical record on each patient.

5.       It is not, other than incidentally, a place for rest, a place for the aged, a place for drug addicts, a place for alcoholics, a place for the mentally retarded, a place for custodial or educational care, or a place for care of mental disorders.

6.       It is approved and licensed by Medical.

This term shall also apply to expenses incurred in an institution referring to itself as a Skilled Nursing Facility, Convalescent Nursing Facility, or any such other similar designations.

FAMILY DEDUCTIBLE:

The accumulated amount of Covered Expenses incurred throughout the Calendar Year the family must pay before any Coinsurance applies.

FULL-TIME:

Employees regularly scheduled to work not less than thirty-five hours per work week.

FULL-TIME STUDENT STATUS:

An Employee’s Dependent child(ren) who is enrolled in, and regularly attends, high school, an accredited college, university, or institution of higher learning for the minimum number of credit hours required by that institution in order to maintain Full-time Student Status.

GENERIC DRUG:

A drug that is generally equivalent to a higher-priced brand name drug and meets all FDA bioavailability standards.

HEALTH CARE MANAGEMENT ORGANIZATION:

The individual or organization designated by the Employer to authorize Hospital admissions and surgeries and to determine the Medical Necessity of treatment for which Plan benefits are claimed

HOME HEALTH AIDE SERVICES:

Those services provided by a person, other than a registered nurse, that are Medically Necessary for the proper care and treatment of a person.

HOME HEALTH CARE AGENCY:

An agency or organization meeting fully every one of the following requirements:

1.       It is primarily engaged in, and duly licensed  (if such licensing  is required by the appropriate licensing authority), providing skilled nursing and other therapeutic services.

2.       It has a policy established by a professional group associated with the agency or organization to govern the services provided.  This professional group must include at least one Physician and at least one graduate registered nurse.  It must provide for full-time supervision of such services by a Physician or graduate registered nurse.

3.       It maintains a complete medical record on each patient.

4.       It has a full-time administrator.

5.       It qualifies as a reimbursable service under Medicare.

HOSPICE:

An agency that provides counseling and medical services, may provide Room and Board to a terminally ill patient, and meets all of the following requirements:

1.       It has obtained any required state governmental Certificate of Need approval.

2.       It provides service twenty-four (24) hours per day, seven (7) days a week      

3.       It is under the direct supervision of a Physician.

4.       It has a nurse coordinator who is a registered nurse.

5.       It has a social service coordinator who is licensed.

6.       It is an agency that has as its primary purpose the provision of Hospice services.

7.       It has a full-time administrator.

8.       It maintains written records of services provided to the patient.

9.       It is licensed, if licensing is required.

HOSPITAL:

An institution meeting the following conditions:

1.       It is considered licensed and operated in accordance with the laws of jurisdiction in which it is located that pertain to Hospitals.

2.       It is engaged primarily in providing medical care and treatment to ill and injured persons on an Inpatient basis, at the patient’s expense.       

3.       It maintains on its premises all the facilities necessary to provide for diagnosis and medical or surgical treatment of an Illness or Injury, with such treatment being provided by, or under the supervision of, a Physician, with continuous, twenty-four (24) hour nursing services by graduate registered nurses.

4.       It qualifies as a Hospital, or psychiatric Hospital, and is accredited by the Joint Commission on the Accreditation of Health Care Organizations.

5.       It is approved by Medicare.

Under no circumstances will a Hospital be, other than incidentally, a place for rest, a place for the aged, a place for drug addicts, a place for alcoholics, or a nursing home.

ILLNESS:

A bodily disorder, disease, physical sickness, or Pregnancy of a Covered Person.  A recurrent Illness will be considered one Illness.  Concurrent Illnesses will be considered one Illness, unless the concurrent Illnesses are totally unrelated.  All such disorders existing simultaneously, due to the same or related causes, shall be considered one Illness.

INCURRED DATE:

With respect to a Covered Expense, the date the services or supplies are provided.

INJURY:

A physical harm or disability that is the result of a specific, unexpected incident caused by an external force.  The physical harm or disability must have occurred at an identifiable time and place.  Injury does not include Illness or infection of a cut or wound.

INPATIENT:

A Confinement in a Hospital, Hospice, or Extended Care Facility as a registered bed patient for which charges are made for Room and Board to the Covered Person as a result of admission.

INTENSIVE CARE:

A service reserved for critically and seriously ill patients requiring constant audiovisual surveillance as prescribed by the attending Physician.  Additionally, Intensive Care provides Room and Board and care by a graduate registered nurse or other highly trained Hospital personnel utilizing special equipment and supplies immediately available on a standby basis.  Services are rendered at a location segregated from the rest of the Hospital’s facilities.  This term does not include care in a surgical recovery room.

LATE ENROLLEE:

An Employee or Dependent who: 1) does not enroll for coverage under the Plan when first eligible for coverage;  or  2) terminated coverage  under the Plan and desires to re-enroll; and  3) does not meet the provisions of the Special Enrollment.  An Alternate Recipient is not a Late Enrollee.

LEAVE OF ABSENCE:

A period of time during which the Employee does not work, but is of stated duration, after which time the Employee is expected to return to Active Work.

MAXIMUM BENEFIT:

Any one of the following, or any combination of the following:

1.       The maximum amount paid by this Plan for any one Covered Person during the entire time he/she is covered by this Plan; or

2.       The maximum amount paid by this Plan for any one Covered Person for a particular Covered Expense.  This maximum amount can be for:

a.       The entire time the Covered Person is covered under this Plan; or

b.       A specified period of time, such as a Calendar Year.

3.       The “maximum number” the Plan acknowledges as a Covered Expense.  The maximum number relates to the number  of:

a.       Treatments during a specified period of time; or

b.       Days of Confinement: or

c.       Visits by a Home Health Care agency.

MEDICALLY NECESSARY (MEDICAL NECESSITY):

Health care service, supply, or treatment that is appropriate and consistent with the diagnosis and that, in accordance with generally accepted medical standards, could not have been omitted without adversely affecting the Covered Person’s condition or the quality of medical care rendered.

A service, supply, or treatment will not be considered Medically Necessary if:

1.       It is provided only as a convenience to the Covered Person or Provider; or

2.       It is part of  a plan of treatment that is experimental, unproven, or related to a research protocol.

The fact that any particular Physician may prescribe, order, recommend, or approve a service or supply does not, in and of itself, make the service or supply Medically Necessary.

MEDICARE:

The programs established by Title XVIII, known as the Health Insurance for the Aged Act, including:

1.       Part A:  Hospital Benefits for the Aged;

2.       Part B:  Supplementary Medical Insurance Benefits for the Aged; and

3.       Part C:  miscellaneous provisions regarding both programs;  and also including any subsequent changes or additions to those programs.

MENTAL AND NERVOUS DISORDER:

An emotional or mental condition characterized by abnormal functioning of the mind or emotions, and in which psychological, intellectual, emotional or behavioral disturbances are the dominating factor. Diagnosis of these conditions will be determined based on standard SM-III-R (diagnostic and statistical manual of mental disorders).

MIDWIFE:

Any licensed professional (or a professional person deemed by state law to be the same as a legally qualified Midwife) who assists in the delivery of newborns.

NEGOTIATED RATE:

The rate Preferred Providers have contracted to accept as payment in full for Covered Expenses of the Plan.

NEWBORN CARE:

The normal care rendered on behalf of a newborn child(ren) not relating to an Illness or Injury, but to the care and general health maintenance required during the mother’s Confinement for delivery including, but not limited to, circumcision, pediatrician’s charges, and Routine Nursery Care.

NON-PREFERRED PROVIDER:

A Physician, Hospital, or other health care facility not having an agreement in effect with the Preferred Provider Organization at the time services are rendered.

OUTPATIENT:

A Covered Person shall be considered to be an “Outpatient” if treated at:

1.       A Hospital as other than a registered bed patient;

2.       A Physicians office; or

3.       An Ambulatory Surgical Center.

Confinement is less than eighteen (18) consecutive hours.

OUTPATIENT SURGERY:

Elective Surgical Procedures performed in a surgical facility other than Confinement in a Hospital as a registered bed patient.

PARTIAL CONFINEMENT:

A period of less than twenty-four (24) hours of active treatment in a facility licensed or certified by the state in which treatment is received to provide one or more of the following:

1.       Alcoholism treatment;

2.       Chemical Dependency treatment;

3.       Psychiatric services;

4.       Treatment of mental disorders.

The treatment periods may include day, early evening, evening, night care, or a combination of these four periods.

PART-TIME:

Employees regularly scheduled to work not less than an average of twenty (20) hours per work week (1000 hours per year).

PHYSICIAN/PRACTITIONER:

1.       A Doctor of Medicine  (M. D.) or a Doctor of Osteopathy  (D. O.) who is licensed to practice medicine or osteopathy where the care is provided; or 

2.       One of the following providers, but only when the provider is licensed to practice where the care is provided, who is rendering a service within the scope of that license, and is providing a service for which benefits are specified in this Plan  and to whom benefits would be payable if the services were provided by a Physician, as defined in (1) above:

  1. A Dentist (D. D. S. or D. M. D.);
  2. An Optometrist (O. D.);
  3. A dispensing optician;
  4. A podiatrist or chiropodist (D. P. M., D. S. P., or D. S. C.);
  5. A psychologist;
  6. A chiropractor (D. C.).

3.       A Physician or person acting within the scope of applicable state licensing/certification requirements and holding the degree of Certified Nurse Midwife (C. N. M.), Certified Registered Nurse Anesthetists (C. R. N. A.), Registered Physical Therapist, Physician’s Assistant, Registered or Certified Respiratory Therapist, Occupational Therapist, Registered Speed Therapist, Registered Nurses (R. N.), Licensed Practical Nurse (L. P. N.), Nurse Practitioner, or Accredited Registered Nurse Practitioner (A. R. N. P.), pathologist, and lab technicians.

Licensed health service providers in psychology, when acting within the scope of their license or state certification, are included in this definition for services covered under this Plan.  The following are those providers who fall under this definition:  Certified Social Workers (M. S. W.), Certified Mental Health Counselors (M. A., M. E., M. C., L. C. S. W., or R. C. S.), and Licensed Clinical Psychologists (PSY).

The Physician may not be a Close Relative of the Covered Person.

PHYSICIAN VISIT:

A personal interview between a Covered Person and  a Physician, including during Hospital Confinement, but not including telephone calls or interviews in which the Physician does not see the Covered Person.

PLACED FOR ADOPTION:

The date the Employee assumes legal obligation for the total or partial support of the child(ren).

PLAN:

“Plan” refers to the benefits and provisions for payment of same as described herein.

PLAN ADMINISTRATOR:

The Plan Administrator is responsible for the day-to-day functions and management of the Plan.  The Plan Administrator may employ persons or firms to process the claims and perform other Plan connected services.

PRE-ADMISSION TESTING:

Testing prescribed by a Physician in connection with a planned Hospital Confinement or Outpatient Surgery.  The testing must be:

1.       Performed in a covered facility;  and

2.       Necessary to diagnose and treat the condition for which Confinement is planned.

Confinement or surgery must actually start within seven (7) days after the test is performed.

PRE-EXISTING CONDITION:

A condition (whether physical or mental), regardless of the cause of the condition, for which medical advice, diagnosis, care, or treatment, including the use of prescription drugs or medicines was recommended by or received  from a licensed physician or licensed health practitioner during the six (6) month period prior to the Covered Person’s Effective Date of Coverage.

PREFERRED PROVIDER:

A Physician, Hospital, or other health care facility who has an agreement in effect with the Preferred Provider Organization  at the time the services are rendered.  Preferred Providers agree to accept the Negotiated Rate as payment in full.

PREFERRED PROVIDER ORGANIZATION (PPO):

An organization who selects and contracts with several Hospitals, Physicians, and other health care providers to provide services and supplies at a reduced rate to a Covered Person.

PREGNANCY:

The physical state resulting in childbirth or miscarriage and any medical complication arising our of or resulting from such state.

PREGNANCY COMPLICATIONS:

1.       Conditions requiring Hospital Confinement (when Pregnancy is not terminated) whose diagnoses are distinct from Pregnancy, but are adversely affected by Pregnancy or are caused by Pregnancy.  Examples are acute nephritis, nephrosis, cardiac decompensation, missed abortion, and similar medical and surgical conditions of comparable severity.

2.       Non-elective cesarean section;

3.       Spontaneous termination of Pregnancy occurring during a period of gestation in which a viable birth is not possible;

4.       Ectopic Pregnancy that is terminated.

“Pregnancy Complications, “ as defined above, are covered under the Plan to the same extent as any other Illness.

The following are not considered Pregnancy Complications:  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.

PROFESSIONAL SERVICES:

Reasonable and necessary services that are consistent with the Physician’s diagnosis, for treatment or improvement of a Covered Person’s Illness or Injury.  Professional Services include charges made by a Physician for x-ray and laboratory examinations.

QUALIFIED MEDICAL CHILD SUPPORT ORDER (QMCSO):

The QMSCO creates or recognizes the right of a child(ren) who is recognized under the order as having a right to be enrolled under the Plan, to receive benefits for which the Employee is entitled under the Plan, and includes:

1.       The name and last known address of the Employee and of each such child(ren);

2.       A reasonable description of the type of coverage to be provided by the Plan;

3.       The period for which coverage must be provided; and

4.       Each Plan to which the order applies.

NOTE:  A QMCSO cannot require the Plan to provide any type or form of benefit that is not already offered.

REHABILITATION FACILITY:

A facility designed exclusively for rehabilitative services where the Covered Person receives treatment as a result of catastrophic Illness or Injury.

RETROSPECTIVE REVIEW:

Retrospective Review occurs after the Covered Person’s discharge to determine if, and to what extent, Inpatient Care was Medically Necessary.

ROOM AND BOARD:

The Hospital’s most common semi-private Room and Board charge for room and linen service, dietary service, including meals, special diets and nourishment, and general nursing service.  Room and Board does not include personal items.

ROUTINE NURSERY CARE:

Hospital charges for Room and Board and supplies, if applicable, for a newborn child(ren) while the mother is Hospital-confined due to delivery.

SECOND SURGICAL OPINION:

A surgical consultation by a specialist who is not affiliated with the surgeon to confirm the medical advisability of proposed elective surgery.

SEMI-PRIVATE:

The daily Room and Board charge a health care institution applies to the greatest number of beds in its semi-private rooms containing two (2) or more beds.  If the institution has no semi-private rooms, the semi-private room rate will be the daily Room and Board  rate most commonly charged for semi-private rooms with two (2) or more beds by similar institutions in the area. The term “area” means a city, a county, or any greater area necessary to obtain a representative cross section of similar institutions.

SKILLED NURSING FACILITY:

A facility licensed in accordance with state and local laws pertaining to such institutions to provide continuous skilled nursing services, and recognized as a Skilled Nursing Facility by the Secretary of Health and Human Services of the United States for participation under the Medicare Act.

THIRD PARTY ADMINISTRATOR:

The firm contracted by the Employer responsible for the processing of claims and other services deemed necessary for the operation of the Plan.

TOTAL DISABILITY (TOTALLY DISABLED):

Total Disability shall mean the Employee is prevented from engaging in his regular, customary occupation, or for an occupation for which he/she becomes qualified by training or experience, and is performing no work of any kind for compensation or profit.  Total Disability also means a Dependent(s) who is prevented from engaging in all of the normal activities of a person of like sex and age who is in good health.

TREATMENT CENTER:

An institution not qualifying as a Hospital, but provides a program of effective medical and therapeutic treatment for Chemical Dependency, and:

1.       Where coverage of such treatment is mandated by law, has been licensed and approved by the regulatory authority having responsibility for such licensing and approval under the law;

2.       Where coverage of such treatment is not mandated by law, meets all of the following requirements:

a.       It is established and operated in accordance with the applicable laws of the jurisdiction in which it is located.

b.       It provides a program of treatment approved by the Physician.

c.       It has or maintains, a written, specific, and detailed regimen requiring full-time residence and full-time participation by the Covered Person. 

d.       It provides at least the following basic service:

1.       Room and Board;

2.       Evaluations and diagnoses;

3.       Counseling;

4.       Referral and orientation to specialized community resources.

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