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<br />~ <br /> <br />~ <br /> <br />RESOLUTION NO. 2003-008 <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, <br />PARIS, TEXAS, ELECTING, PURSUANT TO 42 U.S.C. SEC. 300GG-21, <br />EXEMPTION FROM THE REQUIREMENTS OF THE HEALTH <br />INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (IflPAA) AND <br />THE PUBLIC HEALTH SERVICES ACT (PHS); AUTHORIZING THE <br />EXECUTION OF THE NECESSARY ELECTION AND NOTICE FORMS <br />UNDER 42 U.S.C. SEC. 300GG-21; MAKING OTHER FINDINGS AND <br />PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN <br />EFFECTIVE DATE. <br /> <br />WHEREAS, the City of Paris has a uniform group benefits plan that is administered by <br />the Texas Municipal League Intergovernmental Employee Benefits Pool (TML-IEBP); and, <br /> <br />WHEREAS, effective with the first plan year following July 1, 1997, the Federal Health <br />Insurance Portability and Accountability Act of 1996 (HIPAA), which establishes a standard <br />definition for what can be considered an existing condition, went into effect, with the effective date <br />for the City of Paris being May 1, 1998; and, <br /> <br />WHEREAS, in addition to HIPAA, the Federal Government has amended the Public <br />Health Services Act (PHS) to standardize benefits relating to mothers and newborns, to establish <br />parity in the application of mental health benefits, and to address women's health and cancer <br />rights; and, <br /> <br />WHEREAS, the City of Paris's employee health benefit plan is a non-Federal <br />governmental plan, and HIP AA allows such plans to elect to be exempt from any or all of this new <br />legislation; and, <br /> <br />WHEREAS, the City Council of the City of Paris has acted to approved such exemptions <br />in the past; and, <br /> <br />WHEREAS, because of the severe penalties which are established in the law for non- <br />compliance, the City's plan administrator, TML-IEBP, recommends that the City of Paris continue <br />to exempt itselfto avoid the potential of financial penalties, and it is deemed appropriate that such <br />recommendation be taken; and, <br /> <br />WHEREAS, the forms for the election and notice to enrollees under 42 U.S.C. Sec. <br />300gg-2l, attached hereto as Exhibit A, the same being the model form election and notice as set <br />out in 45 C.F.R. Part 146 of the Federal Regulations should, in all things, be approved, and the <br />Personnel Director, as plan manager, should be authorized to execute the same; NOW, <br />THEREFORE, <br />