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HomeMy WebLinkAbout34-Personnel . . CIO OF SAN B8RNARDOO - REQUOT FOR COUNCIL ACOON Date: 3-29-85 DirelMr'lf.tIBv.onne1 . .IH. OFF. :., APR -I PH 3:" Subject: Renewal of Blue Cross A9reement for Administrative Services and Stop- Loss Protection From: MoJ. Perl ick, Personne 1 Dept: Synopsis of Previous Council ection: In 1975 the City originally entered into an agreement with Blue Cross of Califor- nia to provide health plan administrative services and stop-loss protection for the City's self-insured program. This agreement has continued and is periodical- ly renewed/amended. The existing contract document expired 12-1-84, a revised document was delivered to the City from Blue Cross on 2-1-85, and has since been reviewed by the Wyatt Company - the City's new health plan consultant. Recommended motion: Approve the resolution to renew the terms of agreement effective until December I, 1985, with modification as attached. *NOTE: Agreement is in two (2) parts, requiring signature in two (2) separate places. ~~--' Signature Contact person: MoJ. Per1ick Phone: 5161 Supporting data attached: Yes Ward: n/a FUNDING REQUIREMENTS: Amount: $1,450 per month Source: ($10,150 for FY 84/85) Finance: Existing Budgets /Ja t? ~ Council Notes: ..,..Ln.,,,,., J Aaenda Item Nn 3_~ 'cIA OF SAN BERNARDfiaO - REQUQT FOR COUNCIL AC~ON STAFF REPORT During 1984. the City's health plan consultant analyzed the administrative and insurance costs proposed by Blue Cross for the calendar year 1985. and recommended acceptance of the modification increasing specific stop-loss insurance and the administrative service charge from $6 to $7 per employee per month. The total increase in cost is $1.51 per employee/per month (prior administration/stop loss fee $16.23 - new fee $17074) and was antic- ipated in the budgeting process. A new consultant has been retained for a major review of all benefits during 1985. and we expect to contain costs in these areas. For the present. since these services have been satisfactory it is recommended that this agreement be continued until such research is completed. The new fee is applicable to 960 Blue Cross enrollees. which includes em- ployees/retirees of the City and the Water Department. MJ:jr 15.0264 . . Ii 0 I: ! I i o o o RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE IEXECUTION OF AN AGREEMENT WITH BLUE CROSS OF CALIFORNIA FOR GROUP IINSURANCE, INCREASING THE ADMINISTRATION COST AND RAISING THE STOP ;iLOSS INSURANCE COVERAGE AMOUNT, EFFECTIVE DECEMBER 1, 1984. i! , .' 4 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF ,iSAN BERNARDINO AS FOLLOWS: :; " ;, SEC'rION 1. The Mayor of the City of San Bernardino is hereby " l!authorized and directed to execute on behalf of said City an I ~ II" liAgreement with Blue Cross of California for Group Insurance, [, II increasing the administration cost and raising the stop loss !; iJ I! insurance coverage amount, effective December 1, 1984, a copy of Ii liwhich is attached hereto, marked Exhibit -A" and incorporated Jl ilherein by reference as fully as though set forth at length. !, ! I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San 6 7 8 9 10 11 ]2 1: 14 15 ,Bernardino at a I meeting thereof, held on 16 day of , 1985, by the following vote, the ]7 to wit: ]8 AYES: Council Members ]9 20 NAYS: 21 ABSENT: 22 23 24 City Clerk The foregoing resolution is hereby approved this day 25 of , 1985. 26 Mayor of the City of San Bernardino 27 Approved as to form: ~/A:~ City 'torney 28 '0 o 0 o roup enefit greement :at:::.: 06~ . ~ V'6<V BLUE CROSS OF CALIFORNIA GROUP BENEFIT AGREEMENT 2999 o for City of San Bernardino (the Group) BLUE CROSS OF CALIFORNIA (Blue Cross) agrees to provide the benefits of this Agreement for enrolled Members of the Group. These benefits are subject to all of the terms and conditions of this Agreement. ' SUBSCRIPTION CHARGES The Group will pay to Blue Cross the following monthly subscription charges: Subscri ber .............. 0 . . . . . 0 . . . . . . 0 . . . . . 0 . . . . . . . . . . 0 . . . . . . . . . Subscriber and one Family Member .00.....0......0.........0...... Subscriber and two or more Family Members ................000.... $17.74 17074 17.74 AGREEMENT DATE This Agreement becomes effective at 12:01 aomo Pacific Standard Time on December 1, 1984. It remains in effect for the term of one year from that Agreement dateo It then continues from year to year with the consent of Blue Cross. Payment of the subscription charges indicates that the Group accepts this Agreement 0 9808A (12-84) - 1 - . . o PART ONE: PART TWO: PART THREE: PART FOUR: PART FIVE: PART SIX: PART SEVEN: PART EIGHT: PART NINE: PART TEN: 9808A (12-84) o o o TABLE OF CONTENTS DEFINITIONS . 0 0 . . 0 COMPREHENSIVE BENEFITS A. DEDUCTIBLE Bo PAYMENT 0 0 Co MAXIMUM BENEFITS Do COVERED EXPENSE 3 6 6 7 1. Hospital . 0 0 0 0 . 0 0 . . 0 0 20 Skilled Nursing Facility 0 0 0 . 3. Professional Services 0 0 . 0 0 0 40 Additional Services and Supplies 5. Dental Care 0 . 0 0 0 0 . . . 6. Pregnancy and Maternity Care 70 Organ and Tissue Transplants 80 Mental or Nervous Disorders and Substance Abuse 8 9 9 9 11 11 12 12 12 13 16 19 20 EXTENSION OF BENEFITS . 0 0 EXCLUSIONS AND LIMITATIONS COORDINATION OF BENEFITS ARBITRATION . . . 0 . . 0 CONDITIONS OF ENROLLMENT CANCELLATION OF COVERAGE CONVERSION 0 . . . GENERAL PROVISIONS 23 24 25 - 2 - . . o o o o PART ONE: DEFINITIONS A. Blue Cross of California, (Blue Cross) is a non-profit hospital service plan regulated by the California Department of Insuranceo B. The Subscriber is the person stated on the frent page Agreement" which is attached enrolled according to of the "Application to this Agreemento the eligibility for Group Service C. The Spouse is the Subscriber's spouse under a legally valid marriage between persons of the opposite sex. D. A Child is the Subscriber's child, stepchild or legally adopted chi~ Eo A Family Member is the Subscriber's enrolled Spouse and each enrolled eligible Child. F. A Member is the Subscriber or Family Member. G. The Agreement Date is the date this Agreement between Blue Cross and the Group comes into effecto Ho The Effective Date is the date the Member's coverage under this Agreement begins. I. Medically Necessary services or supplies are those Blue Cross determines to be: 1. Appropriate and necessary for the symptoms, diagnosis or treatment of the medical condition, and 2. Provided for the diagnosis or direct care and treatment of the medical condition, and 3, Within standards of good medical practice within the organized medical community, and 4. Not primarily for the convenience of the Member, the Member's Physician or another provider, and 5. The most appropriate supply or level of service which can safely be provided. For hospital stays, this means that acute care as an inpatient is necessary due to the kind of services the Member is receiving or the severity of thE! Member's condition, and that safe and adequate care cannot be, received as an outpatient or in a less intensified medical setting. 9808A (12-84) - 3 - . , o o o o Jo A Hospital is a facility which provides diagnosis, treatment and care of persons who need acute inpatient hospital care under the supervision of Physicianso It must be licensed as a general acute care hospital according to state and local lawso It must also be registered as a general hospital by the American Hospital Association and meet accreditation standards of the Joint Commission on Accreditation of Hospitals. K. A Contracting Hospital is a Hospital which Blue Cross to provide care to Members 0 Hospitals will be sent on requesto has a contract with A list of Contracting Lo An Outpatient Surgical Center is a facility, other than a medical or dental office, whose main function is performing surgical procedures on an outpatient basiso It must be licensed as an outpatient clinic according to state and local laws and must meet all requirements of an ?utpatient clinic providing surgical services. Mo A Skilled Nursing Facility is an institution that provides continuous skilled nursing services. It must be licensed according to state and local laws and be recognized as a Skilled Nursing Facility under Medicare. A Skilled Nursing Facility in California south of Monterey, Fresno or Mono Counties must also have an agreement with Blue Cross to furnish care to Members 0 A list of those Skilled Nursing Facilities having such an agreement will be sent on request. N. A Day Care Center is an outpatient psychiatric facility which is part of or affiliated with a Contracting Hospitalo It must be licensed according to state and local laws to provide outpatient care and treatment of mental and nervous disorders or substance abuse under the supervision of psychiatristso 0, A Physician means: 1, A doctor of medicine (M.O,) or a doctor of osteopathy (D.O.) who is licensed to practice medicine or osteopathy where the care is provided, or 2. One of the following providers, but only when the provider is licensed to practice where the care is provided, is rendering a service wIthin the scope of that license, is providing a service for which benefits are specified in this Agreement, and when benefits would be payable if the services were provided by a Physician as defined in 1. above: ao A dentist (O.OoSo) bo An optometrist (0.0.) c. A dispensing optician 9808A (12-84) - 4 - . . o o o o d. A podiatrist or chiropodist (D.P.M., D.S.P. or D.S.C.) e. A psychologist f. A chiropractor (D.C.) g. A clinical social worker (C.S.W. or L.C.S.W.)* h. A marriage, family and child counselor (M.F.C.C.)* i. A physical therapist (P.T. or R.P.T.)* j. A speech patho10gist* k. An audio10gist* 1. An occupational therapist (O.T.R.)* NOTE: The providers indicated by asterisks (*) are covered only by referral of a Physician as defined in 1. above. P. A Customary and Reasonable charge, as determined annually by Blue Cross, is a charge which falls within the common range of fees billed by a majority of Physicians for a procedure in a given geographic region, or which is justified based on the complexity or the severity of treatment for a specific case. Q. A Year is a twelve-month period starting each January 1 at 12:01 a.m~cific Standard Time. R. Custodial Care is care provided primarily to meet the personal needs of the Member. This includes help in walking, bathing or dressing. It also includes preparing food or special diets, feeding, administration of medicine which is usually self-administered or any other care which does not require continuing services of medical personnel. S. Special Care Units are special areas of a Hospital which have highly skilled personnel and special equipment for acute conditions that require constant treatment and observation. T. Experimental procedures are those that are mainly limited to laboratory and/or animal research. U. Investigative procedures are those t~at have progressed to limited use on humans, but which are not widely accepted as proven and effective procedures within the organized medical community. V. Mental or Nervous Disorders are those conditions, including drug or alcohol dependence, which are listed in the International Classification of Diseases as diagnostic codes 290-319. One or more of these conditions may be specifically excluded in this Agreement. W. Accidental Injury is physical harm or disability which is the result of a specific unexpected incident caused by an outside force. The physical harm or disability must have occurred at an identifiable time and place. Accidental Injury does not include illness or infection, except infection of a cut or wound. 9808A (12-84) - 5 - .' o o o o X. A Totally Disabled Subscriber is one who, because of illness or injury, is unable to work for income in any job for which he or she is qualified or for which he or she becomes qualified by training or experience, and who is in fact unemployed. A Totally Disabled Family Member is one who is unable to perform all activities usual for a person of that age. Y. A Pre-existing Condition is an illness, injury or condition which existed within 180 days before the Member's Effective Date, A condition is considered to have existed when the Member: 1. Sought or received professional advice for that condition, or 2, Received medical care or treatment for that condition, or 3, Received medical supplies, drugs or medicines for that condit ion. z. The Inter-Plan Bank is an arrangement with other Blue Cross by which a Member receives hospital services and benefits other Blue Cross Plan if hospitalized in that Plan's area. Plans of the PART TWO: COMPREHENSIVE BENEFITS The benefits described below are provided for Covered Expense incurred for treatment of a covered illness, injury or condition. Expense is incurred on the date the Member receives the service or supply for which the charge is made. These benefits are subject to all provisions of this Agreement, which may limit benefits or result in benefits not being payable. A. DEDUCT! BLE 1. Each Member must meet a deductible amount of $50.00 for Covered Expense incurred during any Year. Any amount exceeding a Customary and Reasonable charge is not applied toward the deductible. If two Members of an enrolled familY each meet their separate deductibles during any Year. no further deductible is required for the rest of that Year. 2. Covered expense incurred during the last quarter applied toward the deductible for that Year is toward the deductible for the next Year. of a Year and also applied B. PAYMENT Payment is provided as follows for covered expense incurred in excess of the deductible. Any amount exceeding a Customary and Reasonable charge is not covered expense. All payments are subject to any maximum amounts stated below. 9808A (12-84) - 6 - . o o o o 1, First Level Payment a, Payment is provided at 100 percent of the covered expense incurred by a Member for services of a surgeon, an assistant surgeon, anesthetist and for physician's hospital visits, Then, b. Until Blue Cross pays $2,000.00* in benefits for a Member in a Year: 1) Payment is provided for expense incurred by professional services Disorders and Substance 50 percent of the covered that Member for outpatient under Mental or Nervous Abuse, and 2) Payment is provided for 80 percent of the covered expense incurred by that Member for all other services other than those under Mental or Nervous Disorders and Substance Abuse and for services of a surgeon, assistant surgeon, anesthetist and physician's hospital visits. 2, Second Level Payment After Year: Blue Cross pays $2,000.00* in benefits for a Member in a a. Payment continues to be provided for 50 percent of the covered expense incurred by that Member for outpatient professional services under Mental or Nervous Disorders and Substance Abuse, and b. Payment is provided for 100 percent of the covered expense incurred by that Member for the rest of that Year for services other than those under Mental or Nervous Disorders and Substance Abuse and for services of a surgeon, assistant surgeon, anesthetist and physician's hospital visits. *Note; Any benefits paid by would have been paid to a included in this amount. Medicare Member (up to the amount that without Medicare) are C. MAXIMUM BENEFITS 1, Benefits paid for outpatient Physician's services under Mental or Nervous Disorders and Substance Abuse are limited to a $15,00 maximum payment for each visit. 9808A (12-84) - 7 - . o o o o 2. All Comprehensive Benefits are limited to a maximum amount of $1,000,000.00 during each Member's lifetime. Any benefits paid by Medicare (up to the amount that would have been paid to a Member without Medicare) are included in this amount, 3. Up to $1,000,00 in Comprehensive Benefits received are automatically restored each January 1. Also, Comprehensive Benefits received in excess of $1,000.00 may be restored by the sending of proof of good health satisfactory to Blue Cross. Any additional limits on the number of visits or days covered are stated under the specific benefit. D. COVERED EXPENSE 1. Hospital a. Covered Services (1) Inpatient services and supplies, including Special Care Units, except private room charges over the prevailing two-bed room rate of the Hospital. (2) Outpatient services and supplies, including those in connection with surgery performed at an Outpatient Surgical Center. b. Conditions of Service (1) Services must be those which are regularly provided and billed by a Hospital, (2) Benefits are provided only for the number of days required to treat the Member's illness, injury or condition. (3) If a Member is hospitalized for illness in California south of Monterey, Fresno or Mono Counties, payment as stated above is provided only if care is received in a Contracting Hospital. If such care is received in a non-contracting Hospital, benefits are provided at 75 percent of the payment stated above. A list of Contracting Hospitals is available on request. (4) If a hospital stay is Contracting Hospital provided, needed outside California, the benefits of this Agreement are 9808A (12-84) - 8 - . . . Q o o o 2, Skilled Nursing Facility a. Covered Services Inpatient services and supplies, except private room charges over the prevailing two-bed room rate of the Skilled Nursing Facility. b. Conditions of Service (1) (2) The Member must be referred to the Skilled Nursing Facility by a Physician. Services must be those which are regularly provided and billed by a Skilled Nursing Facility. (3) The services must be consistent with the illness, injury, degree' of disability and medical needs of the Member, Benefits are provided only for the number of days required to treat the Member's illness or injury. (4) The Member must remain under the active medical supervision of a Physician treating the illness or injury for which the member is confined in the Skilled Nursing Facility. (5) If a Member is confined in a Skilled Nursing Facility in California south of Monterey, Fresno or Mono Counties that does not have an agreement with Blue Cross to furnish care to Members, no benefits are provided. A list of Skilled Nursing Facilities having such an agreement is available on request. (6) Benefits are provided if a Skilled Nursing Facility stay is needed outside California. 3. Professional Services a. Services of a Physician, b. Services of an anesthetist. c. Services of a registered nurse. 4. Additional Services and Supplies a. Outpatient diagnostic radiology and laboratory services. b. Base charge, mileage and non-reusable supplies of a licensed ambulance company for ground service to and from a Hospital. 9808A (12-84) - 9 - . o 9808A (12-84) o o o c. Base charge, mileage and non-reusable supplies of an air ambulance from the area where the Member is first disabled to the nearest Hospital where appropriate treatment is provided. d, Monitoring, electrocardiograms defibrillation, cardiopulmonary administration of oxygen and in connection with ambulance must be rendered by a certified (EKG's or ECG's), cardiac resuscitation (CPR) and intravenous (IV) solutions service. These services paramedic. e, Radiation therapy, treatment. hemodialysis chemotherapy and f. Surgical implants. g. Artificial limbs or eyes, h. The first pair of contact lenses and the first pair of eyeglasses when required as a result of eye surgery. i. Rental or purchase of dialysis equipment. Dialysis supplies. Rental or purchase of other medical equipment and supplies which are: (1) Ordered by a Physician, and (2) Of no further use when medical need ends, and (3) Usable only by the patient, and (4) Not primarily for the Member's comfort or hygiene, and (5) Not for env i ronmenta 1 cont ro 1, and (6) Not for exercise, and' (7) Manufactured specifically for medical use. Rental charges that exceed the reasonable purchase price of the equipment are not covered. Blue Cross determines whether the item meets the above conditions. j, Blood transfusions, including blood processing and" the cost of unrep1aced blood and blood products. k. Drugs and medicines approved for general use by the Food and Drug Administration that are available only if prescribed by a Physician. The drug or medicine must be - 10 - . o o o o dispensed by a Physician or a licensed pharmacist. Drugs prescribed for Mental or Nervous Disorders and Substance Abuse are included. i. Injectable insulin prescribed by a Physician. 6. Dental Care a. Admissions for Dental Care (1) Covered Services Inpatient hospital services stated above when a hospital stay for dental treatment is required due to an unrelated medical condition of the Member, and has been ordered by a Physician (M.D.) and a Dentist (D.D.S.). (2) Conditions of Service (a) Blue Cross makes the final determination as to whether the dental treatment could have been safely rendered in another setting due to the nature of the procedure or the Member's medical condition. (b) Hospital stays for the purpose of administering general anesthesia are not considered necessary, Dental Injury Services of a Physician (M.D.) or Dentist (D,D.S.) treating an Accidental Injury to natural teeth which occurs while the Member is covered under this Agreement. Services must be received during the six months following the date of injury. Damage to natural teeth due to chewing or biting is not Accidenta 1 Injury. 7. Pregnancy and Maternity Care a. All Comprehensive Benefits when provided for pregnancy, maternity care and abortion for the Subscriber or enrolled Spouse, b. Comprehensive hospital of a newborn Child, Subscriber or enrolled benefits for routine nursery care if the'Chi1d's natural mother is a Spouse. c, Comprehensive Member are complications $100.00. Benefits for the dependent daughter of a provided for normal delivery and of pregnancy. un to a maximum oayment of 9808A (12-84) - 11 - . . o o o o 8. Organ and Tissue Transplants Services in connection with a non-Investigative organ or tissue transplant for: a. An enrolled Member who receives the organ or tissue, and b. An enrolled Member who donates the organ or tissue, and c. An organ or tissue donor who is not an enrolled Member, if the organ or tissue recipient is an enrolled Member, Benefits are reduced by any amounts paid or payable by that donor's own coverage. 9. Mental or Nervous Disorders and Substance Abuse a, Covered Services (1) Inpatient services stated above. (2) The following services of a Physician, limited to one visit a day: (a) Visits during a covered inpatient stay. (b) Outpatient psychotherapy or psychological testing, limited to 50 visits a Year. (c) Outpatient visits to a Day Care Center. b. Conditions of Service (1) Services must be for treatment of Substance Abuse (such as drug or alcohol dependence) or a Mental or Nervous Disorder which can be improved by standard medical practice. (2) The Member must be under the direct care and treatment of a Physician for the condition being treated. PART THREE: EXTENSION OF BENEFITS A. If aMemberi s Totally Disab1 ed when coverage ends and is under . the treatment of a Physician, the benefits of this Agreement may continue to be provided for services treating the totally disabling illness or injury, No benefits are provided for services treating any other illness, injury or condition, Application for these total disability benefits must include written certification by the Physician that the Member is Totally Disabled, Blue Cross must 9808A (12-84) - 12 - . . o o o o receive this certification within 90 days of the date coverage ends under this Agreement. At least once every 90 days while benefits are extended, Blue Cross must receive proof that the Member's total disability is continuing. Benefits are provided until whichever of the following occurs first: 1. The Member is no longer Totally Disabled, or 2. The maximum benefits of this Agreement are paid, or 3. The Member becomes covered under that provides coverage without illness or injury, or another group health plan limitation on the disabling 4. A period of 12 consecutive months has passed since the date coverage ended. PART FOUR: EXCLUSIONS AND LIMITATIONS Benefits of this Agreement are not provided for or in connection with the fo 11 owi ng , A. Services or supplies that are not Medically Necessary as defined Experimental or Investigative procedures, B. Services received before the Member's Effective Date or during an inpatient stay that began before the Member's Effective Date. Services received after the Member's coverage ends, except as specifically stated under Extension of Benefits, C. Any amounts in excess of Customary and Reasonable charges. D. Services not specifically listed in this Agreement as covered services. E. Services for which the Member is not legally obligated to pay. Services for which no charge is made to the Member. Services for which no charge is made to the Member in the absence of insurance coverage, except services received at a non-governmental charitable research Hospital. Such a Hospital must meet the following guidelines: 1. It must be internationally known as being devoted mainly to medical research, and, 2. At least ten percent of its yearly budget must be spent on research not directly related to patient care, and 3. At least one-third of donations or grants other care, and its gross income must than gifts or payments come from for patient 9808A (12-84) - 13 - . o o o o 4. It must accept patients who are unable to pay, and 5. Two-thirds of its patients must have conditions directly related to the Hospital's research. F. Work-related conditions if benefits are recovered or can be recovered, either by adjudication, settlement or otherwise, under any workers' compensation, employer's liability law or occupational disease law, even if the Member does not claim those benefits. G. Conditions caused by an act of war. Conditions caused by release of nuclear energy, whether or not the result of war. H. Any services provided by a local, state or federal government agency, I. Any services to the extent that the Member is entitled to receive Medicare benefits for those services, whether or not Medicare benefits are actually paid. Any services for which payment may be obtained from any other local, state or federal government agency (except Medi-Ca1). J. Professional services received from a person who lives in the Member's home or who is related to the Member by blood or marriage. K. Inpatient room and board charges in connection with a hospital stay primarily for environmental change, physical therapy or treatment of chronic pain. Custodial Care or rest cures. Services provided by a rest home, a home for the aged, a nursing home or any similar facility. Services provided by a Skilled Nursing Facility, except as specifically stated under Comprehensive Benefits, L. Inpatient room and board charges in connection with primarily for diagnostic tests which could have safely on an outpatient basis. a hospital stay been performed M. Hyperkinetic syndromes, learning disabilities, behavioral problems, mental retardation or autistic disease of childhood. Mental or Nervous Disorders and substance abuse, except as specifically stated under Comprehensive Benefits. N. Braces, other orthodontic appliances or orthodontic services. O. Dental Care: Dental plates, bridges, crowns, caps or other dental prostheses, dental services, extraction of teeth or treatment to the teeth or gums, except as specifically stated in this Agreement. P. Hearing aids and routine hearing tests. 9808A (12-84) - 14 - . \ C o o o Q. Optometric services, eye exercises including eyeglasses, contact lenses, routine eye exams and refractions, except as specifically stated under Benefits. orthoptics, routine eye Comprehensive R. Outpatient occupational therapy. S. Outpatient speech therapy, except following surgery, injury or non-congenital organic disease. T. Cosmetic surgery or other services for beautification. Services primarily for weight reduction or treatment of obesity, or any care which involves weight reduction as the main method of treatment. U. Procedures or treatments to change characteristics of the body to those of the opposite sex. v. Sterilization reversal. fertilization. Artificial insemination and in vitro W. Orthopedic shoes (except when joined to braces) or shoe inserts, air purifiers, air conditioners, humidifiers, exercise equipment and supplies for comfort, hygiene or beautification. Educational services, nutritional counseling or food supplements. Telephone consultations. X. Routine physical exams or tests which do not directly treat an actual illness, lnJury or condition, including those required by employment or government authority, Y. Any illness, lnJury, disease or other condition for which a third party may be liable or legally responsible by reason of negligence, an intentional act or breach of any legal obligation on the part of such third party. Nevertheless, Blue Cross will advance the benefits of this Agreement to the Member subject to the following: 1. Blue Cross will automatically have a lien, to the extent of benefits advanced, upon any recovery, whether by settlement, judgment or otherwise, that the Member receives from the third party, the third party's insurer, or the third party's guarantor. The lien will be in the amount of benefits paid by Blue Cross under this Agreement for the treatment of the illness, disease, injury or condition for which the third party is liable. 2. The Member agrees to advise Blue Cross, in writing; within 60 days of his or her claim against the third party and to take such action, furnish such information and assistance, and execute such papers as Blue Cross may require to facilitate enforcement of its rights. The Member also agrees to take no action which may prejudice the rights or interests of 9808A (12-84) - 15 - . o o o o Blue Cross under this Agreement. Failure of the Member to give such notice to Blue Cross or cooperate with Blue Cross, or actions of the Member that prejudice the rights or interests of Blue Cross, will be a material breach of this Agreement and will result in the Member being personally responsible for reimbursing Blue Cross. z. The following services Member's Effective Date Condition: received on, or within 12 months after, the if they are related to a Pre-existing 1, Surgical services of a surgeon and assistant surgeon. 2. Services of an anesthetist. 3. Hospital services during an inpatient hospital stay. 4. Professional services during an inpatient hospital stay. This exclusion does not apply to a Member who was covered under another plan which was sponsored by the Group and replaced within 60 days by this Agreement. PART FIVE: COORDINATION OF BENEFITS All of the benefits following provisions of this Agreement. provided by this Agreement are subject to the and limitations regardless of any other provisions A. DEFINITIONS 1. Other Plan means any of the following plans which provide full or partial benefits or services for hospital, surgical, medical, vision or dental care or treatment: (a) group, blanket or franchise insurance coverage; (b) group service plan contract, group practice, group individual practice and other group prepayment coverages; and (c) any group coverage under labor-management trusteed plans, union welfare plans, employer organization plans, employee benefit organization plans or self-insured employee benefit plans. The term Other Plan refers separately to each agreement, policy, contract or other arrangement for services and benefits, and only to that portion of any such agreement, policy, contract or other arrangement which reserves the right to take the services ,and benefits of Other Plans into consideration in determining its benefits. 2. This Agreement means the portion of this Agreement providing the benefits that are subject to this provision. 9808A (12-84) - 16 - . o o o o 3. Allowable Expenses means any necessary, reasonable and customary item of covered expense which is at least partially covered under at least one of the Other Plans covering the person for whom claim is made. 4. Claim Determination Period means a Year. 5. Covered Individual means a person covered for hospitalization, surgical, medical, vision or dental services and benefits under both This Agreement and the Other Plan. B. ORDER OF BENEFITS DETERMINATION 1. This provision applies in determining the benefits of a Covered Individual under This Agreement for any Claim Determination Period if, for the Allowable Expenses incurred by that Covered Individual during that period, the sum of (a) the benefits that would be provided under This Agreement without this provision, and (b) the benefits that would be provided under all Other Plans without provisions similar to this provision would exceed those Allowable Expenses. 2. Except as provided in 3. and 4, below, the benefits payable under This Agreement for Allowable Expenses incurred by a Covered Individual will be reduced to the extent that the sum of those reduced benefits and all of the benefits provided for those Allowable Expenses under all Other Plans will not exceed the total of those Allowable Expenses. Benefits provided under any Other Plan include the benefits that would have been provided had claim been made for those benefits. 3, If an Other Plan contains a provlslon coordinating its benefits with those' of This Agreement and its rules require the benefits of This Agreement to be determined first, the stated benefits of This Agreement will be provided without reduction. 4. The following rules are used to determine the order in which benefits are payable by the plans; a. A plan which has no coordination of benefits provision pays before a plan which has a coordination of benefits provision. b. A plan on which the Covered Individual is a Subscriber pays before a plan on which the Covered Individual is a dependent. 9808A (12-84) - 17 - . o o o o c. A plan on which the Covered Individual is the Child of a male Subscriber pays before a plan on which the Covered Individual is the Child of a female Subscriber, except that: (1) When the parents are separated or divorced and the parent with custody of the Child has not remarried, the plan which covers the Child as a dependent of the parent with custody pays first; (2) When the parents are divorced and the parent with custody of the Child has remarried, a plan which covers the Child as a dependent of the parent with custody pays before a plan which covers the Child as a dependent of the stepparent, and a plan which covers the Child as a dependent of the stepparent pays before a plan which covers the Child as a dependent of the parent without custody; (3) Regardless of (1) and (2) above, if there is a court decree which establishes a parent's financial responsibility for the Child's health care expenses, a plan which covers the Child as a dependent of that parent pays first. d, When the above rules do not establish the order of payment, the plan on which the Covered Individual has been enrolled for the longest period of time pays first. In no event will the Covered Individual be entitled to benefits from Blue Cross in excess of those which the Covered Individual would have received if no Other Plan benefits were available. C. RESPONSIBILITY FOR TIMELY NOTICE Blue Cross is not responsible for coordination of benefits unless timely information has been provided by the complaining party regarding the application of this provision. D. REASONABLE CASH VALUE When an Other Plan provides benefits in the form of services rather than cash payment, the reasonable cash value of services provided will be considered to be a benefit paid. The reasonable cash value ..of any service provided to the Covered Individual by any service organization will be considered expense incurred' by that individual, and the liability of Blue Cross will be reduced accordingly. 9808A (12-84) - 18 - , o o o o E, FACILITY OF PAYMENT Whenever payments which should have been made under This Agreement have been made under any Other Plan, Blue Cross will have the right to pay to that Other Plan any amount Blue Cross determines to be warranted to satisfy the intent of this provision, Any amount so paid will be considered to be benefits paid under This Agreement, and with that payment Blue Cross will fully satisfy its liability under this provision. F. RIGHT OF RECOVERY Whenever pay~ents for covered benefits have been made by Blue Cross and those payments are more than the maximum payment necessary to satisfy the intent of this provision, regardless of who was paid, Blue Cross has the right to recover the excess amount from any persons to or for whom those payments were made, or from any insurance company, service 'p1an or any other organizations or persons. PART SIX: BINDING ARBITRATION A, Any dispute between the Member and Blue Cross regarding the decision of Blue Cross'must be submitted to binding arbitration if the amount in dispute exceeds the jurisdictional limits of the small claims court. This arbitration is begun by the Member making written demand on Blue Cross. B, This arbitration will be held before a designated neutral arbitrator appointed by the county medical association of the county in which the services were provided, If the county medical association declines or is unable to appoint an arbitrator, the arbitration will be conducted according to the rules of the American Arbitration Association. C. Any dispute regarding a claim for damages within the jurisdictional limits of the small claims court will be resolved in such court. D. THE ARBITRATION FINDINGS WILL BE FINAL AND BINDING. 9808A (12-84) - 19 - , o o o o PART SEVEN: CONDITIONS OF ENROLLMENT A. ELIGIBILITY 1. The persons eligible to enroll as Subscribers are all full-time permanent employees working 30 hours a week. 2. Family Member's Eligibility The following persons are eligible for coverage as Family Members of the Subscriber: a. The Subscriber's Spouse. b, Unmarried Children to the 19th birthday. c. Unmarried Children from the 19th to the 23rd birthday who are going to school and who qualify as dependents for federal income tax purposes. Blue Cross must receive this information in writing. d. Unmarried Children enrolled before age 23 who, after reaching age 23, depend on the Subscriber for support and are unable to work due to mental retardation or physical handicap. A Physician must certify this disability in writing. This certification must be received by Blue Cross within 31 days of the Child's 23rd birthday. After the Child's 25th birthday, Blue Cross may request proof of continuing dependency and disability, but not more often than yearly. B, APPLICATION FOR ENROLLMENT 1. Fi1ihg of Applications a. Every person eligible to enroll as a Subscriber must file an application with the Group within a time period ending 31 days after becoming eligible for coverage. This application must include any eligible Family Members for whom application is being filed. b. The Subscriber must file an application with the Group to enroll a new Spouse within a time period ending 31 days after marriage. c. The Subscriber must file an application with the ~roup to enroll a newly-acquired Child within a time period ending 31 days after the birth or the acquiring of the Child. 9808A (12-84) - 20 - . o o o o 2. If this Agreement replaces a prior Blue Cross Agreement issued to the same Group, applications are not required for any Members enrolled under the prior Agreement immediately before its termination. 3. Any application not filed within the time limits stated must be submitted to Blue Cross with a health statement, application and the health statement require Blue underwriting approval. above The Cross 4. The Group is responsible for forwarding all enrollment applications to Blue Cross. 5. All of the persons eligible to be Subscribers who are not enrolled under another Group-sponsored plan must be enrolled as Subscribers. If the number of Subscribers enrolled falls below 100 percent of the persons eligible to enroll as Subscribers, Blue Cross may cancel this Agreement, C. EFFECTIVE DATES If subscription charges are paid for an eligible person within the time period stated in Subscription' Charges below, the Effective Date of coverage for that person is as follows: 1. Subscriber's Effective Date a. For a person enrolled as a Subscriber on the Agreement Date, coverage begins on the Agreement Date. b, For a person who files an application to enroll as a Subscriber within the time limit stated above under Filing of Applications, coverage begins on the first day of the month after completion of the Probationary Period shown on the "Application for Group Service Agreement". c. For a person who does not file an application as a Subscriber within the time limit stated Filing of Applications, coverage begins on the of the month following Blue Cross underwriting to enroll above under first day approval. 2, Family Member's Effective Date a, If the application of a person enrolling as a Subscriber includes application for an eligible Spouse. or Child, coverage for that Spouse' or Child begins on the Subscriber's Effective Date. b, For a new Spouse of a Subscriber who is already enrolled under this Agreement, coverage begins on the first day of 9808A (12-84) - 21 - . , o o o o the month following marriage, but only if an application to enroll the Spouse has been filed within 31 days of marriage. c. For a newly-acquired Child (except a newborn) of a Subscriber who is already enrolled under this Agreement, coverage begins on the first day of the month after acquiring the Child, but only if an application to enroll the Child has been filed within 31 days of acquiring the Ch il d, d. For a Child born to a Subscriber or Spouse who is already enrolled under this Agreement, coverage begins at birth. This coverage ends on the day following the 31st day of life if Blue Cross does not receive an application to enroll the child and any additional subscription charges due. e. For a Spouse or Child for whom the Subscriber does not file an application within the time limits stated above under Filing of Applications, coverage begins on the first day of the month following Blue Cross underwriting approval. D, INDIVIDUAL CERTIFICATES Blue Cross delivers a certificate to the Group for each Subscriber. The certificate describes the benefits to which that Subscriber and enrolled Family Members are entitled, An identification card showing the Subscriber's Effective Date is attached to the certificate. E. SUBSCRIPTION CHARGES 1. The Group will pay Blue Cross the subscription charges listed on the front page of this Agreement. The first payment is due on the Agreement Date. Succeeding subscription charges are due on the subscription charge due date of each following month. 2. After the first payment, there is a 31-day grace period in which to pay subsequent subscription charges. This Agreement remains in force during the grace period. The Group is liable for payment of subscription charges covering any period of time that this Agree~nt remains in force, Blue Cross reserves the right to cancel this Agreement if subscription charges are not paid by the end of the grace period. 3. The amounts of the subscription charges may be changed by Blue Cross as of any subscription charge due date. Blue Cross 9808A (12-84) - 22 - , o o o o must send written notice of any change in subscription charges at least 30 days before the date when the change goes into effect. 4, The Group is responsible for supplying up-to-date eligibility information. Blue Cross may rely upon the latest information received as correct without verification. Benefits provided to an ineligible Member because of inaccurate information supplied by the Group are charged against the Group's experience. Subscription charges paid for an ineligible Member are not returned to the Group, whether or not benefits are actually provided to that Member. 5. If a state or any other taxing authority imposes a tax Blue Cross which is based on subscription charges, subscription charges stated in this Agreement will increased by an amount sufficient to cover that tax. increase will begin on the date the tax goes into effect. on the be This PART EIGHT: CANCELLATION OF COVERAGE A. Either Blue Cross or the Group may cancel coverage under this Agreement by glvlng at least 30 days' prior written notice to the other party. Cancellation is effective on the next subscription charge due date. If' no written" notice is given, the Agreement renews on the same terms and conditions. B. No written cancelled. conditions: notice is sent to A Member's coverage is the Member when coverage is cancelled under the following 1. Subscriber a. On the date this Agreement between the Group and Blue Cross is cancelled, or b. On the next subscription charge due date after t~e Subscriber no longer meets the eligibility requirements established by the Group and Blue Cross (coverage may continue up to two months during a leave of absence if subscription charges are paid), or c. At the end of the grace period when the subscription charges are not paid, or required d. On the next subscription charge due receives written notice of the cancellation of coverage. date after Blue Cross Subscriber's voluntary 9808A (12-84) - 23 - . , o o o o 2. Spouse a. On the date the Subscriber's coverage is cancelled, or b. On the next subscription charge due date after final decree of divorce, annulment or dissolution of marriage. 3, Child a. On the date the Subscriber's coverage is cancelled, or b. On the next subscription charge due date after the Child reaches age 19, or c, On the next subscription charge due date after the Child age 19 or over no longer qualifies as a dependent for federal income tax purposes or reaches age 23, or d. On the next subscription charge due date after marriage. PART NINE: CONVERSION When a Member's coverage under this Agreement is cancelled, that Member may apply to Blue Cross within 31 days for a conversion Benefit Agreement, THE TERMS, BENEFITS AND SUBSCRIPTION CHARGES OF THE CONVERSION PLAN ARE DIFFERENT THAN THOSE OF THIS AGREEMENT, Application for conversion membership does not require a health statement, Conversion membership is not available if: A. The Member's coverage ends because this Agreement between the Group and Blue Cross terminates, or B. The Member's coverage under this Agreement ends because the Subscriber fails to pay subscription charges, or C. The Member is eligible for group' health coverage when coverage under this Agreement ends, or D. The Member is eligible for Medicare coverage when coverage under this Agreement ends, whether or not the Member has actually enrolled in Medicare, or E. The Member is covered under any individual health plan when coverage under this Agreement ends, 9808A (12-84) - 24 - . . o o o o PART TEN: GENERAL PROVISIONS A. FORM OR CONTENT OF AGREEMENT 1, The entire agreement between the parties consists of: a. This Agreement, and b. The application of the Group, and c. The individual applications of eligible persons. 2. Non-fraudulent statements of the Group or of any eligible person that are not in written applications will not be used to deny a claim under this Agreement. 3. Terms or provisions of the charter, constitution or by-laws of Blue Cross will not be used in defense of a claim under this Agreement. 4. No agent of Blue Cross may change this Agreement or waive any of its contents. No change in this Agreement is valid unless the change is by endorsement signed by the officers of Blue Cross. B. WORKERS' COMPENSATION INSURANCE This Agreement does not Workers' Compensation insurance. affect any insurance. requirement for coverage by It also does not replace that C, PROTECTION OF COVERAGE Blue Cross does not have the right to cancel the coverage of any Member under this Agreement while: 1. This Agreement is still in effect, and 2. The Member is still eligible, and 3. The Member's subscription charges are paid according to the terms of this Agreement. D. MAILING ADDRESSES Any notice required of Blue Cross in this Agreement will be mailed to the address of the Group as shown on Blue Cross records. Any notice required of the Group in this Agreement must be mailed to Blue Cross at 1950 Franklin Street, Oakland, California 94659 or Blue Cross at P,O. Box 70000, Van Nuys, California 91470. 9808A (12-84) - 25 - . o o o o E, CLERICAL ERRORS Clerical errors of the Group do not deprive any Member of his or her coverage under this Agreement. Also, these errors do not create or continue coverage which would not otherwise be effective. F. GROUP RECORDS This Group Agreement. records. is responsible Blue Cross for keeping records relating to this has the right to inspect and audit those G. PROVIDING OF CARE Blue Cross is not responsible for providing any type of hospital, medical or similar care, Also, Blue Cross is not responsible for the quality of any type of hospital, medical or similar care received. H. NON-REGULATION OF PROVIDERS Benefits provided under this Agreement do not regulate the amounts charged by providers of medical care. I. BENEFITS NOT TRANSFERABLE Only eligible Members are entitled to receive benefits under this Agreement. The right to benefits cannot be transferred. J. INDEPENDENT CONTRACTORS All providers are liable for any claim injury resulting from independent contractors. or demand for damages any treatment. Blue Cross is connected with not any K. AVAILABILITY OF CARE Benefits are provided to the Member only when providers and facilities are available. If there is an epidemic or public disaster and the Member cannot obtain care, Blue Cross refunds the unearned part of the subscription charge paid for that Member. A written request for that refund and satisfactory proof of the need for care must be sent to Blue Cross within 31 days. This payment fulfills the obligation of Blue Cross under this Agreement. L. MEDICAL NECESSITY The benefits of this Agreement are provided only for services that are Medically Necessary as determined by Blue Cross. The services must be ordered by the attending Physician for the direct care and 980SA (12-84) - 26 - . . o o o o treatment of a covered illness, lnJury or condition, except for routine care, dental care and vision care as specifically stated. They must be standard medical practice where received for the illness, injury or condition being treated and must be legal in the United States. When an inpatient stay is necessary, services are limited to those which could not have been performed before admission. M. EXPENSE IN EXCESS OF BENEFITS Blue Cross is not liable for any expense the Member incurs in excess of the benefits of this Agreement, N. PAYMENT TO PROVIDERS Blue Cross pays Contracting Hospitals directly for the benefits of this Agreement. Also, Blue Cross may pay non-contracting Hospitals and other providers of service directly when the Member assigns benefits in writing. These payments fulfill the obligation of Blue Cross to the Member for those services. O. NOTICE OF CLAIM Properly completed claim forms itemizing the services received, and the charges must be sent to Blue Cross by the Member or the provider of service. These claim forms must be received by Blue Cross within 24 months of the date services are received. Blue Cross is not liable for the benefits of this Agreement if claims are not filed within this time period. Cancelled checks or receipts are not acceptable instead of claim forms. p, RIGHT OF RECOVERY When the amount paid by Blue Cross exceeds the amount for which Blue Cross is liable under this Agreement, Blue Cross has the right to recover the excess amount. This amount may be recovered from the Subscriber, the person to whom payment was made or any other plan. Q. FREE CHOICE OF HOSPITAL AND PHYSICIAN THIS AGREEMENT IN NO WAY INTERFERES WITH THE RIGHT OF ANY PERSON ENTITLED TO HOSPITAL BENEFITS TO SELECT THE CONTRACTING HOSPITAL, THAT PERSON MAY CHOOSE ANY PHYSICIAN WHO HOLDS A VALID PHYSICIAN AND SURGEON'S CERTIFICATE AND WHO IS A MEMBER OF, OR ACCEPTABLE. TO; THE ATTENDING STAFF AND BOARD OF DIRECTORS OF THE HOSPITAL WHERE SERVICES 'ARE RECEIVED. 980SA (12-84) - 27 - . , "0 o o o This Agreement has been approved by officers of Blue Cross as of the Agreement date. BLUE CROSS OF CALIFORNIA CITY OF SAN BERNARDINO By ~.;~L.~ President , ~~../ By~ i':"- --;.~"., By By 9808A (12-84) - 28 - . . =0= F --~~.._---~'--~--_.._---~.~~- --, . ~. - - . '-' . I ----~~--~--~ ~---~~-~--~ MEMORANDUM OF MODIFICATION OF AGREEMENT In consideration of the obligations assumed under Group Benefit Agreement 2999 (the Agreement) by Blue Cross of California (Blue Cross) and City of San Bernardino (the Group) the parties agree to the following provisions: A. The Agreement Year: The Agreement Year will be a period of twelve (12) consecutive months beginning December 1, 1984, and ending December I, 1985. Each subsequent Agreement Year will be a period of twelve (12) consecutive months beginning December 1 of any year. However, any Agreement Year will end when the Agreement terminates. B. Claims Liability and Reimbursement Method: 1. Retention and Stop-loss Subscription Charges: a. On the first day of each month of the Agreement Year, the Group will pay to Blue Cross monthly retention and stop-loss subscription charges as follows: Retention Stop-loss Subscriber . . . . . . . . . . . . . . . Subscriber and one Family Member . . . . Subscriber and two or more Family Members $ 10.74 10.74 10.74 $ 7.00 7.00 7.00 b. Blue Cross may change the amount of retention and stop-loss charges according to the provisions of the Agreement relating to adjustment of Subscription Charge, or at any time if: i. At the request of the Group, Blue Cross undertakes the performance of any administrative services with respect to the Agreement which Blue Cross had not agreed to perform, or ii. Legislation additional respect to regulations impose on Blue Cross with or governmental administrative duties the Agreement, or I, I I I: il Ii I iii. A state of any other taxing authority imposes a tax upon Blue Cross which is levied upon or is measured by II the Agreement. As of the effective date of the tax, Blue Cross may increase the retention charge by an amount sufficient to cover the tax. 9808A (12-84) , o o o o c. Blue Cross will notify the Group, in writing, thirty (30) days before the effective date of any change in retention and stop-loss charges. d. There will be no retention or stop-loss charges following termination of the Agreement. 2. Reimbursement: Weekly Paid Claims means the amount of claims paid by Blue Cross under the Agreement during the immediately preceding week. a. On the first working day of every week Blue Cross will bill the amount of Weekly Paid Claims to the Group. b. The Group will immediately reimburse Blue Cross for the amount of Weekly Paid'C1aims. C. Stop-loss Protection: 1. Specific Stop-loss At the end of each month during the Agreement Year, Blue Cross will determine if .the accumulated total of claims paid under the Agreement by Blue Cross for anyone Member during the Agreement Year exceeds $35,000,00. Any excess amount will not be included in Weekly Paid Claims. The stop-loss limit may be changed by mutual consent. 2. Aggregate Stop-loss a. The aggregate stop-loss attachment point for the first Agreement Year will be $176.37 multiplied by the sum of the number of Subscribers actually covered during each month of that Agreement Year, Blue Cross may change the amount of the attachment point if required by a change in the level of benefits, and will notify the Group, in writing, thirty (30) days before the effective date of any change. b. Aggregate Claims means the total of claims paid by Blue Cro~s under the Agreement during an Agreement Year reduced by any specific stop-loss excess amount credited to the Group for that year. c, If, at the end 'of that Agreement attachment point, any Agreement Year, aggregate claims for Year exceed the' aggregate stop-loss the excess will be refunded to the Group. 9808A (12-84) - 30 - . o o o o D, Terminal Provisions: Upon termination of the Agreement, the Group will continue to reimburse Blue Cross, according to the provisions of paragraph B.3., and will assume full liability for all claims payable under the terms of the Agreement and paid by Blue Cross following the date of termination. Upon termination of the Agreement, stop-loss protection will terminate, and the liability of the Group will not be subject to or limited by the stop-loss provisions of paragraph B,2. and paragraph C. E. Blue Cross will not be responsible for the Group's use of any payment made by Blue Cross under this memorandum. F. This memorandum becomes effective on December 1, 1984, and is part of the Agreement, All other provisions of the Agreement which are not in variance with this memorandum will remain in effect. Authorized officers of Blue Cross and the Group have approved this memorandum as of the effective date. BLUE CROSS OF CALIFORNIA By By ~:~~l.~~ pr~/ BY~ ~ Secretary By Approved as to form: ~~e~$ 9808A (12-84) - 31 -