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2016-137
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2016-137
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Last modified
9/16/2016 11:37:49 AM
Creation date
9/16/2016 11:37:46 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
09/13/2016
Control Number
2016-137
Agenda Item Number
8.V.
Entity Name
Johns Eastern Company Inc.
Subject
Third Party Administration Services
Self Funded Worker's Compensation and Liability
Project Number
UPC 3228
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4.8 Compliance with Laws,Rules and Regulations. TPA is responsible for full and complete <br /> compliance with all laws, rules, and regulations, including those of the Florida Department of <br /> Financial Services,which may be applicable to it. Failure or inability on the part of TPA to comply <br /> with such laws,rules, and regulations(including failure to obtain Department of Financial Services <br /> approval) shall not relieve TPA from its obligation to perform completely in accordance with this <br /> Agreement. <br /> 4.9 Default. In the event of default, which may include,but is not limited to non-performance <br /> and/or poor performance of this Agreement,TPA shall lose eligibility to transact new business with <br /> IRC for a period of 14 months from date of termination of this Agreement by IRC. <br /> 4.10 Public Records. IRC is a public agency subject to Chapter 119,Florida Statutes. TPA shall <br /> comply with Florida's Public Records Law. Specifically, TPA shall: <br /> (1) Keep and maintain public records that ordinarily and necessarily would be required by IRC in <br /> order to perform the service. <br /> (2) Provide the public with access to public records on the same terms and conditions that IRC <br /> would provide the records and at a cost that does not exceed the cost provided in Chapter 119 <br /> or as otherwise provided by law. <br /> (3) Ensure that public records that are exempt or confidential and exempt from public records <br /> disclosure requirements are not disclosed except as authorized by law. <br /> (4) Meet all requirements for retaining public records and transfer, at no cost, to IRC all public <br /> records in possession of TPA upon termination of the Agreement and destroy any duplicate <br /> public records that are exempt or confidential and exempt from public records disclosure <br /> requirements. All records stored electronically must be provided to IRC in a format that is <br /> compatible with the information technology systems of TPA. <br /> Failure of TPA to comply with these requirements shall be a material breach of this Agreement. <br /> Each Party shall maintain its own respective records and documents associated with this Agreement <br /> in accordance with the records retention requirements applicable to public records. Each Party shall <br /> be responsible for compliance with any public documents request served upon it pursuant to Section <br /> 119.07, Florida Statutes, and any resultant award of attorneys' fees attributable to the party's non- <br /> compliance with that law. This section will survive the termination of this Agreement regardless of <br /> the cause giving rise to such termination. <br /> 4.11 Access to Claim Files. TPA shall provide IRC real-time,electronic,internet-based access to <br /> all claim files, including all adjuster notes, supervisory notes, field case management notes, diary <br /> items,payment records,medical bills and expense bills. The TPA will provide IRC with all needed <br /> access to internet based information system, except that if access is desired for other than IRC <br /> employees or defense counsel, it will be granted based upon mutual agreement of TPA and IRC. <br /> 4.12 Ownership of Claim Files. IRC shall have all right`title,interest,and ownership to all loss <br /> Page 7 <br />
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