HomeMy WebLinkAboutR2005-0064 03-28-05 RESOLUTION NO. R2005-64
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING ITS BENEFIT PLAN TO COMPLY WITH THE RULES
AND REGULATIONS ESTABLISHED BY THE TEXAS DEPARTMENT OF
HEALTH AND HUMAN SERVICES.
WHEREAS, City ("Plan sponsor") established a fully-insured Cigna group
health plan for its employees;
WHEREAS, on August 9, 2002, the Department of Health and Human
Services released substantial modifications to its rule establishing "Standards for
Privacy of Individually Identifiable Health Information" (the "Rule");
WHEREAS, the plan Sponsor wishes to amend the Plan in order to bring the
Plan into compliance with the Rule; and
NOW THEREFORE, in consideration of the Recitals, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the
parties agree as follows:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. Incorporation. The Recitals are hereby incorporated and made part
hereof as if fully restated herein.
Section 2. Disclosure of Information.
a. Plan Sponsor may only use and/or disclose Protected Health Information (as
such term is defined in 45 C.F.R. Section 164.501 ) as permitted by the Rule.
b. The Plan will disclose Protected Health Information to the Plan Sponsor only
upon its receipt of certification by the Plan Sponsor that the Plan has been
amended to incorporate the following provisions and that the Plan Sponsor
RESOLUTION NO. R2005-64
agrees to:
(i) Not use or further disclose the information other than as permitted
or required by the plan documents or as required by law;
(ii) Ensure that any agents, including a subcontractor, to whom it
provides Protected Health Information received from the Plan
agree to the same restrictions and conditions that apply to the Plan
Sponsor with respect to such information;
(iii) Not use or disclose the Protected Health Information for
employment-related actions and decisions or in connection with
any other benefit or Employee Benefits Plan of the Plan Sponsor.
(iv) Report to the Plan any use or disclosure of the Protected Health
Information that is inconsistent with the uses or disclosures
permitted by the Rule of which it becomes aware;
(v) Make available Protected Health Information in accordance with 45
C.F.R. Section 164.524;
(vi) Make available Protected Health Information for amendment and
incorporate any amendments to Protected Health Information in
accordance with 45 C.F.R. Section 164.526;
(vii) Make available the information required to provide an accounting
of disclosures in accordance with 45 C.F.R. Section 164.528;
(viii)Make it internal practices, books, and records relating to the use
and disclosure of Protected Health Information received from the
Plan available to the Secretary for purposes of determining
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RESOLUTION NO. R2005-64
compliance by the Plan with the Rule;
(ix) If feasible, return or destroy all Protected Health Information
received from the Plan that the Plan Sponsor still maintains in any
form and retains no copies of such information when no longer
needed for the purposes for which disclosure was made except
that, if such return or destruction is not feasible, limit further uses
and disclosures to those purposes that make the return or
destruction of the information infeasible; and
(x) Ensure that separation of the Plan and Plan Sponsor as indicated
below.
Section 3. Separation of Plan and Plan Sponsor.
a. Only the following types of employees under the control of the Plan sponsor
will be given access to the Protected Health Information: Privacy Officer and
("Permitted Employees"). Provided, however, that any employee or person
not described above who receives Protected Health Information relating to
payments under, health care operations of, or other matters pertaining to the
Plan in the ordinary course of business, will also be included in the definition
above of Permitted Employees.
b. The Permitted Employee may only use the Protected Health Information for
Plan administrative functions that the Plan Sponsor performs for the Plan.
Section 4. Conflict. The provisions of the Plan, as modified hereby, will remain in
full force and effect. If any provisions of the Plan conflicts with a provision of this
Resolution, this Resolution will control.
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RESOLUTION NO. R2005-64
PASSED, APPROVED and ADOPTED this the 28th day of March
A.D., 2005.
TO~--R"~D
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
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