06-G HIPAA and PHA Opt-Out - Laserfiche WebLink

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DRAFT J:Wttorney~isa~esolntionsACiJRRENT~AA OpLOntRes2002.wptl March 4, 2002 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, ELECTING, PURSUANT TO 42 U.S.C. SEC. 300GG-21, EXEMPTION FROM THE REQUIREMENTS OF THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) AND THE PUBLIC HEALTH SERVICES ACT (PHS); AUTHORIZING THE EXECUTION OF THE NECESSARY ELECTION FORMS UNDER 42 U.S.C. SEC. 300GG-21; MAHING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Paris has a uniform group benefits plan that is administered by the Texas Municipal League Intergovernmental Employee Benefits Pool (TML-IEBP); and, WHEREAS, effective with the first plan year following July 1, 1997, the Federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), which establishes a standard definition for what can be considered an existing condition, went into effect, with the effective date for the City of Paris being May 1, 1998; and, WHEREAS, in addition to HIPAA, the Federal Government has amended the Public Health Services Act (PHS) to standardize benefits relating to mothers and newborns and to establish parity in the application of inental health benefits; and, WHEREAS, the City ofParis's employee health benefit plan is a non-Federal governmental plan, and HIPAA allows such plans to elect to be exempt from any or all of this new legislation; and, WHEREAS, the City Council ofthe City ofParis has acted to approved such exemptions in the past and, WHEREAS, because of the severe penalties which are established in the law for non- compliance, the City's plan administrator, TML-IEBP, recommends that the City of Paris continues to exempt itself to avoid the potential of financial penalties, and it is deemed appropriate that such recommendation be taken; and, WHEREAS, the form for the Election Under 42 U.S.C. Sec. 300gg-21, attached hereto as Exhibit A, should, in all things, be approved, and the Personnel Director, as plan manager, should be authorized to execute the same; NOW, THEREFORE,