Res 2016-077/approving an administrative services agreement with United Healthcare Services, Inc. for the provision of medical, pharmacy, dental, flexible spending accounts (fsa), retiree, online enrollment tool and cobra benefits administration in a tot

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Section I — Definitions When these terms are capitalized in the Agreement they have the meanings set forth below. The words may be singular or plural. Bank Account: The Bank Account maintained for the payment of Plan benefits, expenses, fees and other Customer financial obligations. Employee: A current or former employee of Customer or a Customer approved third party. HSA or Health Savings Account: A tax - advantaged account established by Customer's Employees principally to fund certain qualified medical expenses. This account is maintained in accordance with applicable provisions of the IRC and associated guidance issued by the IRS /Treasury Department, as well as under various agreements and documents maintained between an enrolling Employee and the HSA trustee or custodian. IRC: The United States Internal Revenue Code of 1986, as amended from time to time. IRS: The United States Internal Revenue Service. Network: The group of Network Providers United makes available to the Plan who have entered into or are governed by contractual arrangements under which they agree to provide health care services to Participants and accept negotiated fees for these services. Network Pharmacy: A pharmacy, including a specialty pharmacy and mail order pharmacy that has entered into or is governed by a contractual arrangement with United under which the pharmacy agrees to provide prescription drug services to Participants. Network Provider: The physician, or medical professional or facility that participates in a Network. A provider is only a Network Provider if that Provider is participating in a Network at the time services are rendered to the Plan Participant. Overpayments: Payments that exceed the amount payable under the Plan. This term does not include overpayments caused by untimely or inaccurate eligibility information. Participant: Employee or Employee's dependent who is covered by the Plan. PHI: Any information United receives or provides on behalf of the Plan which is considered Protected Health Information as the term is defined in the privacy regulations of the Health Insurance Portability and Accountability Act of 1996. Plan: The plan to which this Agreement applies, but only with respect to those provisions of the plan relating to the Self- Funded Health Benefits United is administering, as described in the Summary Plan Description (as outlined in Exhibit A). Plan Administrator: The current or succeeding person, committee, partnership, or other entity designated by the Customer as the Plan Administrator who is generally responsible for the Plan's operation. Proprietary Business Information: Nonpublic information, trade secrets, and other data including, but not limited to, sales and marketing information, management systems, strategic plans and other information about the disclosing party's business, industry, products and services, plans, specifications, operation methods, pricing, costs, techniques, manuals, know -how and other intellectual property, in written, oral or other tangible form, provided by one party to another or its representative; and all information, documents, technology, products, and services containing or derived from Proprietary Business Information which was or may have been transmitted, given or made available to or viewed by one party or another in the course of the receiving party's relationship. United's Proprietary Business Information shall include, but not be limited to, discounts and other financial provisions related to United's Network of healthcare providers and claims data from which those financial provisions can be derived and financial provisions related to prescription drug products covered under the medical benefit, the Prescription Drug List, reimbursement rates, compensation arrangements, and all other financial provisions related to the pharmacy benefits contained in this Agreement. While the Prescription Drug List is considered United's Proprietary Business Information, it may be disclosed in the limited circumstances outlined in this Agreement. This information is collectively known as " United's Financial PBI ".