Laserfiche WebLink
11 . 15 FAMILY AND MEDICAL LEAVE ACT <br /> Notwithstanding anything in the Plan to the contrary, in the event any benefit <br /> under this Plan becomes subject to the requirements of the Family and Medical Leave Act and <br /> regulations thereunder, this Plan shall be operated in accordance with Regulation 1 . 125-3 . <br /> 11 . 16 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT <br /> Notwithstanding anything in this Plan to the contrary, this Plan shall be operated in <br /> accordance with HIPAA and regulations thereunder. <br /> 11 . 17 UNIFORM SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT <br /> Notwithstanding any provision of this Plan to the contrary, contributions , benefits <br /> and service credit with respect to qualified military service shall be provided in accordance with <br /> USERRA and the regulations thereunder. <br /> 11 . 18 COMPLIANCE WITH HIPAA PRIVACY STANDARDS <br /> ( a ) If the Medical Expense Reimbursement Plan under this Cafeteria <br /> Plan is subject to the Standards for Privacy of Individually Identifiable Health <br /> Information ( 45 CFR Part 164 , the " Privacy Standards" ) , then this Section shall <br /> apply. <br /> ( b ) The Plan shall not disclose Protected Health Information to any <br /> member of the Employer' s workforce unless each of the conditions set out in this <br /> Section are met . " Protected Health Information" shall have the same definition as <br /> set forth in the Privacy Standards but generally shall mean individually <br /> identifiable information about the past, present or future physical or mental health <br /> or condition of an individual , including information about treatment or payment for <br /> treatment . <br /> ( c ) Protected Health Information disclosed to members of the <br /> Employer' s workforce shall be used or disclosed by them only for purposes of <br /> Plan administrative functions . The Plan's administrative functions shall include <br /> all Plan payment functions and health care operations . The terms " payment" and <br /> " health care operations" shall have the same definitions as set out in the Privacy <br /> Standards , but the term " payment" generally shall mean activities taken to <br /> determine or fulfill Plan responsibilities with respect to eligibility , coverage , <br /> provision of benefits , or reimbursement for health care . <br /> ( d ) The Plan shall disclose Protected Health Information only to <br /> members of the Employer's workforce who are authorized to receive such <br /> Protected Health Information , and only to the extent and in the minimum amount <br /> necessary for that person to perform his or her duties with respect to the Plan . <br /> " Members of the Employer' s workforce" shall refer to all employees and other <br /> persons under the control of the Employer. The Employer shall keep an updated <br /> list of those authorized to receive Protected Health Information . <br /> ( 1 ) An authorized member of the Employer's workforce who receives <br /> Protected Health Information shall use or disclose the Protected Health <br /> Information only to the extent necessary to perform his or her duties with <br /> respect to the Plan . <br /> 25 <br />