05-C HIPAA Opt-Out
DRAFT
F:ALICE\RESWORK\CURRENT\ HIPAA Opt-Out Res-2005
March 9, 2005
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 AND NOTICE FORMS
UNDER 42 U.S.C. SEC. 300GG-21; MAKING 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, to establish parity in
the 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
plan, and HIPAA 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 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 continue
to exempt itself to avoid the potential of financial penalties, and it is deemed appropriate that such
recommendation be taken; and,
WHEREAS,
the forms for the election and notice to enrollees under 42 U.S.C. Sec. 300gg-
21, attached hereto as Exhibit A, the same being the model form election and notice as set out in 45
C.F.R. Part 146 of the Federal Regulations should, in all things, be approved, and the Personnel
NOW, THEREFORE,
Director, as plan manager, should be authorized to execute the same;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1.
That the findings set out in the preamble to this resolution are hereby in all things
approved.
Section 2.
That the form of Election and the form of Notice to Enrollees under 42 U.S.C.
Sec. 300gg-21, which exempts the City of Paris from the requirements of the Health Insurance
Portability and Accountability Act (HIPAA) and the Public Health Services Act (PHS), attached
hereto 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 and
directed to execute, on behalf of the City of Paris, the election form and distribute the accompanying
notice to enrollees pursuant to 42 U.S.C. Sec. 300gg-21, under the terms and conditions 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.
____________________________________
Curtis Fendley, Mayor
ATTEST:
____________________________________
Janice Ellis, City Clerk
APPROVED AS TO FORM:
____________________________________
Larry W. Schenk, City Attorney