2005-038-RES ELECTING EXEMPTION FROM THE REQUIREMENTS OF HIPAA AND THE PUBLIC HEALTH SERVICE ACT
RESOLUTION NO. 2005-03R
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 PORT ABILITY AND ACCOUNT ABILITY ACT (HIP AA) AND
THE PUBLIC HEALTH SERVICES ACT (PHS); AUTHORIZING THE
EXECUTION OF THE NECESSARY ELECTION AND NOTICE FORMS
UNDER 42 U.S.C. SEC. 300GG-21j MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECTj AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Paris has a uniform group benefits plan that is administered by the
exas Municipal League Intergovernmental Employee Benefits Pool (TML-IEBP); and,
WHEREAS, effective with the first plan year following July 1,1997, the Federal Health
nsurance Portability and Accountability Act of 1996 (HIPAA), which establishes a standard
efinition for what can be considered an existing condition, went into effect, with the effective date
or the City of Paris being May 1,1998; and,
WHEREAS, in addition to HIP AA, the Federal Government has amended the Public Health
ervices Act (PHS) to standardize benefits relating to mothers and newborns, to establish parity in
e application of mental health benefits, and to address women's health and cancer rights; and,
WHEREAS, the City of Paris's employee health benefit plan is a non-Federal governmental
lan, and HIP AA allows such plans to elect to be exempt from any or all of this legislation; and,
WHEREAS, the City Council of the City of Paris has acted to approved such exemptions
n the past; and,
WHEREAS, because of the severe penalties which are established in the law for non-
ompliance, the City's plan administrator, TML-IEBP, recommends that the City of Paris continue
o exempt itself to avoid the potential of financial penalties, and it is deemed appropriate that such
ecommendation be taken; and,
WHEREAS, the forms for the election and notice to enrollees under 42 U.S.C. Sec. 300gg-
1, attached hereto as Exhibit A, the same being the model form election and notice as set out in 45
.F.R. Part 146 of the Federal Regulations should, in all things, be approved, and the Personnel
irector, as plan manager, should be authorized to execute the same; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
EXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby in all things
pproved.
Section 2. That the form of Election and the form of Notice to Enrollees under 42 U.S.C.
c. 300gg-21, which exempts the City of Paris from the requirements of the Health Insurance
rtability and Accountability Act (HIPAA) and the Public Health Services Act (PHS), attached
h reto as Exhibit A, be, and the same are hereby, approved.
Section 3. That the Personnel Director, as plan manager, be, and he is hereby, authorized
d directed to execute, on behalf of the City of Paris, the election form and distribute the
a companying notice to enrollees pursuant to 42 U.S.C. Sec. 300gg-21, under the terms and
c nditions and in the form shown in Exhibit A, attached hereto.
Section 4. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 14th day of March, 2005.
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March 9, 2005
HCFA
Atten: David Holstein
7500 Security Blvd. Room S-L17
Baltimore, MD 21244-1850
RE: Election to he exempted from certain requirements under HIP AA
Dear Mr. Holstein:
The City of Paris elects that its group medical plan be exempted from the following requirements
of the Health Insurance Portability and Accountability Act of 1996 for the plan year beginning
May 1, 2005.
1. Limitations on pre-existing condition exclusion periods (146.11);
2. Special enrollment periods for individuals (and dependents)losing other coverage and
special enrollment periods with respect to certain dependent beneficiaries (146.117);
3. Prohibitions against discriminating against individual participants and beneficiaries based
on health status (146.121);
4. Standards relating to benefits for mothers and newborns (section 2704 of the PHS Act);
5. Parity in the application of certain limits to mental health benefits.
6. Benefits relating to women's health and cancer rights (section 903 of the PHS Act).
Treatment or reduction of the non-affected breast following a m~stectomy.
The medical benefits payable by the City's health plan are self-funded. The plan is protected
against catastrophic loss by aggregate and individual stop loss policies (which do not prevent an
election under Sec. 146.180 (3) of45 C.F.R. Part 16 of the Federal Regulations) that reimburse
the City for medical claims paid in excess of stop loss levels.
The City of Paris' group health plan is identified as follows:
Name of Plan:
Plan Sponsor:
Plan Manager:
City of Paris, Texas Intergovernmental Employee Benefits Pool
City of Paris
W.E. Anderson
EXHIBIT A
P.O. BOX 9037 . PARIS. TEXAS 75461-9037 . (903) 765.7511 . FAX (903) 765.6519
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As Plan Manager, I certify that I am authorized to submit this election on behalf of the Plan
Sponsor, the City of Paris. A copy of the notice to our employees of our election to be exempted
is enclosed. This notice will be included as part of our plan's summary plan description, to be
distributed upon enrollment and each year to all covered employees.
We appreciate written acknowledgment of this election.
Sincerely,
W. E. Anderson
Personnel Director
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NOTICE TO PLAN PARTICIPANTS REGARDING THE CITY OF PARIS'
ELECTION UNDER 42 U.S.C. 300 GG-21
This is to notify you that Federal Law imDoses UDon erOUD health D1ans certain limitations
of pre-existine condition exclusion Deriods. sDecial enrollment Deriods for individuals (and
deDendents) losine other coveral!e. Drohibitions aeainst discriminatinl! aeainst individual
particiDants and beneficiaries based on health status. standards relatinl! to benefits for
mothers and newborns. Daritv in the aDDlication of certain limits to mental health benefits.
and a woman's ril!ht to treatment ofthe unaffected breast followin~ a mastectomv. Federal
law allows a non-federal governmental plan (such as the City of Paris' D1an) to exemDt its
plan in whole or in Dart from these reauirements. The City of Paris has elected to be
exemDt from the followinl! reauirements: limitations on Dre-existine condition exclusion
Deriods: sDecia1 enrollment periods for individuals (and deDendents) 10sinl! coveraee:
Drohibitions al!ainst discriminatinl! al!ainst individual DarticiDants and beneficiaries based
on health status: standards reIatin!! to benefits for mothers and newborns: Daritv in the
aDDlication of certain limits to mental health benefits: :and a woman's ril!ht to treatment of
the affected breast and reconstructive sureerv followine a mastectomv. Because of this
election. emDlovees and deDendents will be subiect to benefit limits even if thev had 12 or
18 months of coveral!e under another D1an within the last 63 days. the duration of a
hosnita1 confinement for a mother and newborn followin!! the birth of a child will be
determined on medical necessity. and mental health benefits have an annual maximum
which is less than the maximums for other medical conditions. Even thoueh the Dlan is
exemDt. emD10vees and deDendents will he able to enroll ifthev have a aualifvin!! event
durine the D1an vearas set forth in this booklet and no individual will he declined coveraee
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or charl!ed a hil!her rate based on a medical condition. The D1an's Qualifvinl! events are
more liberal than the federa11aw. The entire Dlan is subiect to this exemption. The
exemDtion from these federal reQuirements wiII be in effect for the 2005 Dlan year
bel!inninl! Mav 1. 2005 and endinl! ADri130. 2006. The election mav be renewed for
subseQuent D1an vears.
HIPAA also reQuires the D1an to Drovide covered emD10vees and dependents with a
"certificate of creditable coveral!e" when they cease to be covered under the plan. There is
no exemption from this reQuirement. The certificate provides evidence that yOU were
covered under this D1an. because ifvou can establish vour Drior coveral!e. yOU mav be
entitled to certain ril!hts to reduce or eliminate a Dre-existinl! condition exclusion if vou ioin
another emp10ver's health plan. or ifvou wish to Durchase an individual health insurance
policv. If vou have anv auestions. contact Stephanie Fouse at 903 784-9243.
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