HomeMy WebLinkAbout20190995.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR EMPLOYEE ASSISTANCE PROGRAM SERVICES
AND AUTHORIZE CHAIR TO SIGN - AETNA BEHAVIORAL HEALTH, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Agreement for Employee Assistance
Program Services between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Department of Human Resources, and
Aetna Behavioral Health, LLC, commencing upon full execution of signatures, with further terms
and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement for Employee Assistance Program Services between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Department of Human Resources, and Aetna Behavioral Health, LLC,
be and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 6th day of March, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLQRADO
ATTEST: ditifeti•�
Weld County Clerk to the Board
Date of signature: ?r12-1�1
rbara Kirkmeyer, Chair
Steve Moreno
31‘2./tci
2019-0995
PE0033
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: EAP - Aetna Contract
DEPARTMENT:
Human Resources DATE: 02/22/19
PERSON REQUESTING: Patti Russell and Don Warden
Brief description of the problem/issue:
Weld has changed the company that manages our Employee Assistance Plan to Aetna. They offer
more services than our previous organization at approximately the same cost.
The County Attorney's have reviewed the contract and have approved it.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
1) Approve contract (recommended)
2) Don't approve contract - County will not have an EAP provider
Recommendation:
HR recommends that we approve this contract. Our EAP is well used and a great option for our
employees.
Sean P. Conway
Mike Freeman, Pro-Tem
Scott K. James
Barbara Kirkmeyer, Chair
Steve Moreno
3ILp
Approve
Recommendation Work Session
Schedule
Other/Comments:
2019-0995
Peoo33
EMPLOYEE ASSISTANCE PROGRAM SERVICES AGREEMENT
This Employee Assistance Program Services Agreement (hereinafter, the "Services Agreement") is made and entered into by and
between Aetna Behavioral. Health, LLC, on behalf of itself and its affiliates (hereinafter "Company"), and The Weld County Board
of County Commissioners on behalf of Weld County (hereinafter "Customer").
WHEREAS, Customer has established an employee assistance program ("EAP") for certain eligible individuals; and
WHEREAS, Customer also desires to engage the services of Company to provide EAP services and WorkLife and other
additional EAP services which are defined in this Agreement (the "Services"),
THEREFORE, in consideration of the mutual covenants and promises stated herein and other good and valuable consideration, the
parties hereby enter into this Services Agreement. This Services Agreement includes and incorporates by reference the attached
General Conditions Addendum, Description of EAP Services Addendum, Description of Work/Life Services Addendum,
Service and Fee Schedule, and the Business Associate Agreement entered into between Aetna Life Insurance Company, on
behalf of itself and its affiliates (including Aetna Behavioral Health, LLC) and Customer, as may be amended from time to time,
and is referred to herein as the "Business Associate Agreement".
Customer hereby elects to receive the Services set forth in the Service and Fee Schedule attached hereto and made a part hereof.
The corresponding Service Fees are specified in the Service and Fee Schedule, which shall be amended for future periods, in
accordance with Section 3 of the General Conditions Addendum, to reflect the Services elected and corresponding Service Fees
for such periods.
This Services Agreement (including incorporated addendums) constitutes the complete and exclusive contract between the parties
and supersedes any and all prior or contemporaneous oral or written communications or proposals not expressly included herein.
Notwithstanding Section 3 of the General Conditions Addendum, no modification or amendment of this Services Agreement
shall be valid unless contained in a writing signed by a duly authorized representative of Company and a duly authorized
representative of Customer. By executing this Services Agreement, Customer acknowledges and agrees that it has reviewed all
terms and conditions incorporated into this Services Agreement and intends to be legally bound by the same.
EMPLOYEE ASSISTANCE PROGRAM SERVICES AGREEMENT
The initial term of this Services Agreement shall be from January 1, 2019 through December 31, 2021.
IN WITNESS WHEREOF, the parties hereto have caused this Services Agreement to be executed by their duly authorized
representatives.
WELD COUNTY
Signed By:
inted Name: Bakbara Kiilkmeyer
Title: BOCC Chair
Date: MAR 0 6 2019
AETNA BEHAVIORAL HEALTH, LLC
Signed By:
Printed Name: Hyon ijn, M.D.
Title: Hea t�of E P and Chief Psychiatric Officer
Date: (),, /I
, /8
EAP 2
20 '9 c 9P'
EMPLOYEE ASSISTANCE PROGRAM SERVICES AGREEMENT
GENERAL CONDITIONS ADDENDUM
Definitions: In this General Conditions Addendum and in all attachments to this Services Agreement:
(A) "Employee" means any person eligible to receive Services under this Services Agreement by virtue of being a current
employee of Customer, and not designated a temporary employee, and employees of subsidiaries and affiliates of Customer
who are reported by Customer, in writing, to Company for inclusion in this Services Agreement. For purposes of the
telephonic access services, counseling sessions and provider network, "Employee" does not include employees of Customer
whose work location is in California.
(B) "Dependent" means the eligible family members, including domestic pal tuers, household members, and dependents (including
adult children up to age 26) of an Employee eligible to receive Services under this Services Agreement as a dependent of an
Employee.
(C) If Applicable, the term "EAP Behavioral Health Professional" may mean EAP Network Provider or EAP Staff Clinician.
(D) If applicable, the term "EAP Network Providers" shall mean licensed behavioral health professionals, who meet all Company
credentialing standards, and who are contracted by Company, as independent contractors, to provide counseling to Members.
(E) If applicable, the term "EAP Staff Clinicians" shall mean behavioral health professionals who are licensed in the State in
which they practice and who are employed by Company to provide clinical services to Members. EAP Staff Clinicians may
be part of Company's EAP call center and may provide telephonic clinical services. If applicable, EAP Staff Clinicians may
be located at the Customer site and provide counseling at the Customer's location.
(F) "Members" means Employees and Dependents eligible for Services.
(G) "Payment Due Date" shall mean the date that payment is required as set forth on the Customer's invoice. Payment Due Date
will be 30 days from the invoice generation date for the invoice month(s). Payment is to be made in a form and manner as
reasonably determined by Company.
(H) The term "Service Fees" shall have the meaning set forth in Section 3 of this General Conditions Addendum.
(I) The term "Services" shall have the meaning set forth in Section 1 of this General Conditions Addendum.
The following are the terms and conditions under which Company agrees to perform Services for Customer:
I. Purpose. Customer will purchase and Company will provide to Customer the Services designated in this Services Agreement
and such other services Customer requests of Company and Company agrees in writing to perform, as described in the
Service and Fee Schedule and the Description of Services Addenda (the "Services").
2. Term. The initial tenn of this Services Agreement shall commence on the Effective Date and shall continue to the third
anniversary of the Effective Date, unless terminated by either party in accordance with Section 4 of this General Conditions
Addendum. Following the initial term, this Services Agreement shall be automatically renewed from year to year, unless
terminated by either party in accordance with Section 4 of this General Conditions Addendum.
3. Service Fees; Renewals. The Service Fees payable by Customer to Company for the Services shall be determined in
accordance with the Service and Fee Schedule. No Services other than those identified in the Service and Fee Schedule are
included in the Service Fees. Both the Services to be provided by Company and the Service Fees may be amended by
Company in accordance with the terms andconditions of the Service and Fee Schedule.
4. Termination. This Services Agreement may be terminated by Company or the Customer as follows:
(A) Legal Prohibition - If any state or other jurisdiction enacts a law which prohibits the continuance of this Services
Agreement, or an existing law is interpreted to prohibit the continuance of this Services Agreement, this Services
Agreement shall terminate automatically as to such state or jurisdiction on the effective date of such law or interpretation;
provided, however, that if only a portion of this Services Agreement is prohibited by such law, only that portion of this
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EMPLOYEE ASSISTANCE PROGRAM SERVICES AGREEMENT
Services Agreement shall be affected, and this Services Agreement shall be construed in all respects as if such invalid or
unenforceable provision were omitted.
(B) Customer Termination - Customer may terminate this Services Agreement with respect to all Employees (including their
Dependents) or any group of Employees included under this Services Agreement or any subsidiary or affiliate of
Customer that is covered under this Services Agreement by giving Company at least thirty-one (31) days written notice
stating when, after the date of such notice, such termination shall become effective.
(C) Company Termination -
(I)
Company may terminate this Services Agreement by giving to Customer at least thirty-one (31) days written notice
stating when, after the date of such notice, such termination shall become effective.
(2) Company may terminate this Services Agreement within ninety (90) days of transmitting notice to Customer by mail,
facsimile transmission or other means of communication (including electronic mail) if (a) Customer fails to pay
Service Fees by the Payment Due Date, (b) Customer fails to provide current Employee counts to Company by each
Payment Due Date, (c) Company determines that Customer will not meet its obligation to pay such Service Fees
and/or provide current Employee counts by the Payment Due Date, and/or (d) Company detei mines that Customer is
in material default, or substantial breach, of one or more of its obligations under this Services Agreement.
(3) Any acceptance by Company of funds or Service Fees described in paragraph 3 above shall not constitute a waiver
of Company's right to terminate this Services Agreement in accordance with this section withrespect to any other
failure of Customer to meet its obligations hereunder.
5. Customer's Responsibilities.
(A) Employee Count — If needed and where applicable, on or before the Effective Date, Customer may be requested to furnish to
Company a listing of Employees (by zip code of each Employee's place of residence). Thereafter, Customer shall supply to
Company, on a monthly basis by the Payment Due Date, current Employee counts in a form and manner as reasonably
determined by Company. Company shall not be responsible in any manner for any delay or error in the provision of Services
caused by the Customer's failure to furnish accurate Employee counts in a timely fashion. If Customer fails to provide current
Employee counts with payment by the Payment Due Date, all Employee counts will be updated and reflected in the next
billing and payment cycle. Company will not process Employee counts retroactively nor will Company perform any
retroactive fee adjustments due to Customer submitting inaccurate Employee counts.
(B) Fiduciary Duty — It is understood and agreed that the Customer, as Plan Administrator, retains complete authority and
responsibility for their employee health benefits plan (the "Plan"), its operations, and the benefits provided there under,
including EAP (if applicable) and that Company is empowered to act on behalf of Customer in connection with the Plan only
to the extent expressly stated in this Services Agreement or as agreed to in writing by Company and Customer.
(C) Summary Plan Description (SPD) — If Customer's EAP is part of the Plan, Customer shall provide Company with all Plan
documents at least thirty (30) days prior to the Effective Date or such other date mutually agreed upon by the parties. Absent
the Customer providing Company with an SPD, Company shall automatically apply its internal policies and procedures to all
EAP plans, including but not limited to internal appeals and external review, as applicable. Company does not review
Customer's SPD for compliance with applicable law.
6. Services. Company shall perform the Services set forth in the Service and Fee Schedule and. the Description of Services
Addenda. Customer acknowledges that Company may utilize the services of external contractors in performing these
Services. Company and Customer will discharge their obligations under this Services Agreement with that level of reasonable
care which a similarly situated EAP Services provider or Plan Administrator under ERISA would exercise under similar
circumstances.
7. Records. Customer acknowledges and agrees that Company or its affiliates or authorized agents shall have the right to use all
documents, records, reports, and data, including data recorded in Company's data processing systems ("Documentation"),
subject to compliance with privacy laws and regulations, including without limitation regulations promulgated pursuant to the
Health Insurance Portability and Accountability Act of 1996. All Documentation is stored in Company's data warehouses,
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EMPLOYEE ASSISTANCE PROGRAM SERVICES AGREEMENT
and may be de -identified as to Members and Customer identity for purposes other than administration of EAP Services, at
Company's discretion. Customer is not compensated for any use of de -identified Documentation maintained in Company's
data warehouse.
8. indemnification.
(A) Company shall indemnify and hold harmless Customer, its directors, officers, employees (acting in the course of their
employment but not as Members) for that portion of any third party loss, liability, damage, expense, settlement, cost or
obligation (including reasonable attorneys' fees) caused solely and directly by Company's willful misconduct, criminal
conduct, breach of this Services Agreement, fraud, breach of fiduciary responsibility, or failure to comply with Section 6
above, related to or arising out of the Services provided under this Services Agreement.
(B) Except as provided in (A) above and, as permited by law, or by court order, Customer shall indemnify and hold harmless
Company, its affiliates and their respective directors, officers, and employees for that portion of any third party loss,
liability, damage, expense, settlement, cost or obligation (including reasonable attorney's fees): (i) which was caused
solely and directly by Customer's willful misconduct, criminal conduct, breach of this Services Agreement, fraud, breach
of fiduciary responsibility, or failure to comply with Section 6 above, related to or arising out of this Services Agreement
or Customer's role as employer; (ii) in connection with the release or transfer of member -identifiable information, to
Customer's third party designated by Customer, or the use or further disclosure of such information by such third party.
(C) The party seeking indemnification under (A) or (B) above must notify the indemnifying party within 20 days in writing of
any actual or threatened action, suit or proceeding to which it claims such indemnification applies, Failure to so notify
the indemnifying party shall not be deemed a waiver of the right to seek indemnification, unless the actions of the
indemnifying party have been prejudiced by the failure of the other party to provide notice within the required time
period.
The indemnifying party may then take steps to be joined as a party to such proceeding, and the party seeking
indemnification shall not oppose any such joinder. Whether or not such joinder takes place, the indemnifying party shall
provide the defense with respect to claims to which this Section applies and in doing so shall have the right to control the
defense and settlement with respect to such claims.
The party seeking indemnification may assume responsibility for the direction of its own defense at any time, including
the right to settle or compromise any claim against it without the consent of the indemnifying party, provided that in.
doing so it shall be deemed to have waived its right to indemnification except in cases where the indemnifying party has
declined to defend against the claim.
(D) Customer and Company agree that, except for counseling services provided. by EAP Staff Clinicians: (i) Company does
not render medical services or treatments to Members; (ii) neither Customer nor Company is responsible for the health.
care that is delivered by EAP Network Providers; (iii) EAP Network Providers arc solely responsible for the health care
they deliver to Members; (iv) EAP Network Providers are not the agents or employees of Customer or Company, and (v)
the indemnification obligations of (A) or (B) above do not apply to any portion of any loss, liability, damage, expense,
settlement, cost or obligation caused by the acts or omissions of EAP Network Providers with respect to Members.
(E) The indemnification obligations under (A) above shall not apply to that portion of any loss, liability, damage, expense,
settlement cost or obligation caused by Company's act or omission undertaken at the direction of Customer (other than
Services described in this Services Agreement). The indemnification obligations under (13) above shall not apply to that
portion of any loss, liability, damage, expense, settlement, cost or obligation undertaken by Customer at the direction of
Company.
(F) The indemnification obligations under this Section 8 shall terminate upon the expiration of this Services Agreement,
except as to any matter concerning which a claim has been asserted by notice to the other party at the time of such
expiration or within two (2) years thereafter.
9. Remedies. Other than in an action between the parties for third, party indemnification, neither party shall be liable to the
other for any consequential, incidental or punitive damages whatsoever.
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EMPLOYEE ASSISTANCE PROGRAM SERVICES AGREEMENT
10. Confidentiality.
(A) Business Confidential Information - Each party acknowledges that performance of this Services Agreement may
involve access to and disclosure of Customer and Company identifiable business proprietary data, rates, procedures,
materials, lists, systems and information of the other (collectively "Business Confidential Information"). As permitted by
by public record, or other relevant law, no Business Confidential Information shall be disclosed to any third party other
than a party's representatives who have a need to know such Information in relation to administration of the EAP
Services, and provided that such representatives are informed of the confidentiality provisions hereof and agree to abide
by them.. All such information must be maintained in strict confidence. Customer agrees that Company may make lawful
references to Customer in its marketing activities and in informing health care providers (including EAP Network
Providers) as to the organizations and plans for which. Services are to be provided.
(B) Company Confidential Information — Any information with respect to Company or any of its affiliate's fees or specific
rates of payment to health care providers (including EAP Network Providers) and any information which may allow
determination of such fees or rates any of the terms and provisions of the health care provider's agreement (including
EAP Network Providers) with Company or its affiliates are deemed to be Company Confidential Information. As
permitted by public record, or other relevant law, no disclosure of any such information may be made or permitted to
Customer or to any third party whatsoever, including, but not limited to, any broker, consultant, auditor, reviewer,
administrator or agent unless (i) Company has consented in writing to such disclosure and (ii) each such recipient has
executed a confidentiality agreement in form satisfactory to Company's counsel.
(C) Member Confidential Information — In addition, each party will maintain the confidentiality of medical records and
confidential Member -identifiable patient information ("Member Confidential Information"), and in accordance with the
terms of the Business Associate Agreement.
(D) Upon Termination — Upon termination of this Services Agreement, each party, upon the request of the other, will return
or destroy all copies of all of the other's Confidential Information in its possession or control except to the extent such.
Confidential Information must be retained pursuant to applicable law, to the extent such Confidential Information cannot
be disaggregated from the Company's databases, .or except as otherwise provided under the Business Associate
Agreement, provided, however, that Company may retain copies of any such Confidential. Information it deems necessary
for the defense of litigation concerning the Services it provided under this Services Agreement.
(E) Company is advised that as a public entity, Customer must comply with the provisions of C.R.S. 24-72-201, et seq., with
regard to public records, and cannot, guarantee the confidentiality of all documents. Notwithstanding the foregoing, in the
event that Customer receives a request under the Colorado Open Records Act ("Act") for any records provided by
Company to the Customer that may be subject to release, Customer shall promptly notify Company thereof so that
Company may seek a protective order or otherwise assert any applicable exemption from disclosure under the Act.
I.1. Relationship of the Parties. It is understood and agreed that Company is an independent contractor with respect to all
Services being performed pursuant to this Services Agreement. Company makes no guarantee and disclaims any obligation to
make any specific EAP Network Providers or any particular number of EAP Network Providers available for use by
Members.
12. Subcontractors. The work to be performed by Company under this Services Agreement may, at its discretion, be performed.
directly by it or wholly or in part through a subsidiary or affiliate or under a contract with an organization of its choosing.
Company will remain liable for Services under this Services Agreement.
13. Communications. Company and Customer shall be entitled to rely upon any communication believed by them to be genuine
and to have been signed or presented by the proper party or parties.
Neither party shall be bound by any notice, direction, requisition or request unless and until it shall have been received in
writing at (i) in the case of Company, 151 Farmington Avenue, Mail Code: RSAA, Hartford, CT 06156, Attention: Head of
EAP and Chief Psychiatric Officer, (ii) in the case of the Customer, at the address shown below, or (iii) at such other address
as either party specifies for the purposes of this Services Agreement by notice in writing addressed to the other party. Notices
or communications shall be sent by certified mail, return receipt requested.
EAP 6
EMPLOYEE ASSISTANCE PROGRAM SERVICES AGREEMENT
Weld County
Attn. Staci J. Datteri-Frey
1150 O Street
Greeley, CO 80631
14. Force Majeure. Company shall not be liable for any failure to meet any of the obligations or provide any of the Services or
benefits specified or required under this Services Agreement where such failure to perform is due to any contingency beyond
the reasonable control of Company, its employees, officers or directors. Such contingencies include, but are not limited to:
acts or omissions of any person or entity not employed or reasonably controlled by Company, its employees, officers or
directors; acts of God; fires; wars; accidents; labor disputes or shortages; governmental laws, ordinances, rules, regulations, or
the opinions rendered by any Court, whether valid or invalid.
15. Compliance. Customer and Company shall remain, throughout the term of this Services Agreement, in compliance with all
applicable federal and state laws and regulations, including HIPAA, related to this Services Agreement and the Services to be
provided hereunder. Accordingly, the parties agree to the terms of the Business Associate Agreement.
16. Audit Rights. Customer may perform audits of Company's EAP processes only, during normal business hours upon
reasonable written notice. A process audit may not be conducted more than once annually and will not include access to
individually identifiable Member information. Any requested payment from Company resulting from the audit must be based
upon documented findings, agreed to by both parties, and must be solely due to Company's actions or inactions.
17. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or
implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental. Immunity
Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. §§1346(b) and 2671 et seq., as applicable now
or hereafter amended.
18. Miscellaneous. The Services Agreement shall be governed by and interpreted in accordance with applicable federal law,
including but not limited to ERISA. To the extent such federal law does not govern, this Services Agreement shall be
governed by Colorado law and the courts in such state shall have sole and exclusive jurisdiction of any dispute related hereto
or arising hereunder. No delay or failure of either party in exercising any right hereunder shall be deemed to constitute a
waiver of that right. There are no intended third party beneficiaries of this Services Agreement. This Section and Sections 3
through 7 and 9 through I 1 shall survive termination of the Services Agreement. The provisions of Section 8 shall survive
termination only to the extent stated therein. The headings in this Services Agreement are for reference only and shall not
affect the interpretation or construction of this Services Agreement.
EMPLOYEE ASSISTANCE PROGRAM SERVICES AGREEMENT
DESCRIPTION OF EAP SERVICES ADDENDUM
Subject to the terms and conditions of this Services Agreement, the EAP Services selected by Customer and provided by Company
are reflected in this Description of EAP Services Addendum and the Service and Fee Schedule (as modified by Company from
time to time pursuant to Section 3 of the General Conditions Addendum). Additional EAP Services may be provided at
Customer's written request under the terms of this Services Agreement. All Services described in this Services Agreement are
available within the 50 U.S. states only. International EAP Services are only available if specifically described and priced
separately.
I. UNLIMITED TELEPHONIC ASSESSMENT AND REFERRAL: Unlimited telephonic access to the Company EAP
call center staff, available 24 hours per day, 7 days per week, 365 days per year for purposes of assessing Member need
and referring to appropriate EAP Services.
2. COUNSELING SESSIONS: A clinical session with an. EAP Network Provider or EAP Staff Clinician. Sessions are
intended to assist with emotional, family, personal, or work related behavioral health issues.
• COUNSELING SESSIONS WITH EAP NETWORK PROVIDERS AND CONTRACTED TELEVIDEO
PROVIDERS: Counseling sessions can be provided face -to -thee, telephonically, or via televideo (when
appropriate). Face-to-face or telephonic sessions are provided by an EAP Network Provider. Televideo
sessions are provided by one of our telemedicine contracted providers. Each member is entitled, on a contract
year, up to the number of counseling sessions per problem as set forth herein in the Service and Fee Schedule
(e.g., up to three counseling sessions per member per problem under the 3 -Session EAP Model), unless a State
regulation requires otherwise. All counseling sessions require prior authorization. The member must contact
Company to receive referrals and authorizations for all counseling sessions whether face-to-face, telephonic, or
televideo. Marital and/or family sessions are considered one problem for the couple or family and sessions are
not authorizedindividually for each attendee. Face-to-face, telephonic, and televideo counseling sessions count
toward the number of counseling sessions per member per problem.
3. EAP PROVIDER NETWORK: A nationwide network of licensed behavioral health professionals, who meet all
Company credentialing standards, and who are contracted by Company, as independent contractors, to provide
counseling to Members. EAP Network Providers include, but are not limited to: social workers, licensed professional
counselors, marriage and family therapists, master's level psychiatric nurses and psychologists.
4. TRAINING AND EDUCATION: The term "Training and Education" refers to training, provided by Company, or a
Company Contracted educator to the Customer, concerning general behavioral health and work/life issues. This includes
Employee Orientation Meetings and Supervisor Orientation Trainings. This training may be provided in different ways,
i.e. in -person, telephonically, or web -based. Additional fees apply to web -based training over 50 participants
(Participants is defined as unique phone lines calling into the webinar). Department of Transportation (DOT) services
are excluded from standard Training and Education services. For specialized DOT training, see separate definition under
Drug Free Workplace Services. Mental Health First Aid trainings are excluded from standard Training and Education
services. For specialized Mental Health First Aid training, see separate definition under Mental Health First Aid.
5. MANAGEMENT SERVICES:
• MANAGEMENT CONSULTATION: A telephonic resource for managers, supervisors, and human resources
professionals to assist in identifying and resolving workplace issues and promoting a productive workforce. Issues
may include but are not limited to employee personal and family issues, behavioral health concerns, workplace
conflict, workplace crisis and other disruptions, substance abuse, threats of violence and employee performance
concerns. This includes the provisions of guidance to the Customer in making voluntary referrals for employees to
the EAP. EAP will coordinate with specialty providers as needed (SAP, DOT, FFD).
• MANDATORY REFERRALS: Case management to assist Customer and employees in addressing significant
workplace performance issues. Mandatory referrals are used to monitor compliance with the EAP Behavioral Health
Professional's recommendations, wherein the EAP, with appropriate executed release of information forms, confirms
the employee's participation in and compliance with the Program.
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EMPLOYEE ASSISTANCE PROGRAM SERVICES AGREEMENT
• DRUG FREE WORKPLACE SERVICES: Suite of services to assist Customer in managing workplace related
employee substance mis-use and/or disclosure of substance abuse in the workplace. Services for general employer
industries include Company EAP case management of mandatory referrals related to workplace impacted substance
abuse, as well as management consultation services as described above. Services for transportation related
industries, such as employers who are regulated by DOT, FMCSA, FAA, FRA, FTA, PHMSA, etc., include
substance abuse case management by a Substance Abuse Professional (SAP) for Department of Transportation
regulation compliance. Additional service for transportation regulated employees includes DOT training to meet
Drug -Free Workplace regulations regarding drug and alcohol awareness available through American Substance
Abuse Professionals (ASAP) or comparable SAP provider. A variety of training formats are available, including on -
site, on-line or video.
• FITNESS FOR DUTY (FFD) CONSULTATION AND COORDINATION: A Fitness for Duty Evaluation is a
forensic evaluation completed by a specially trained psychologist, psychiatrist, outside the EAP, for the purpose of
evaluating an employee's ability to safely perform the functions of their job, assess organizational and behavioral
risk, and provide a report recommending steps needed to be taken to minimize Customer risk in returning the
employee to work. Fitness for Duty Evaluations are outside the scope of EAP, and as such the EAP does not
conduct Fitness for Duty Evaluations. Upon specific request, the EAP may assist Customer with locating companies
or providers external to the EAP who are capable of performing FFD Evaluations. At all times the Customer is
responsible for working directly with the identified FFD provider as well as directly making payment arrangements
with that provider for the FFD Evaluation. All decisions, regarding returning to work, retaining or dismissing
employees remain with the Customer.
• SUBSTANCE ABUSE PROFESSIONAL (SAP) CONSULTATION AND CONTACT INFORMATION: Upon
request of Customer, for drug and alcohol cases that fall under the Department of Transportation (DOT) guidelines,
Company shall provide initial and ongoing management consultation on DOT issues. Company will further provide
contact information of local providers in our specialized network of qualified Substance Abuse Professionals. The
Customer is responsible for choosing and working directly with the SAP, as well as performing Follow-up,
Compliance and Aftercare attendance monitoring. The Customer is responsible for payment of the SAP and
determines whether the employee or employer pays SAP fees as well as recommended treatment costs.
• MENTAL HEALTH FIRST AID: An educational program offered to Customers to help managers and employees
recognize and respond to mental health issues in the workplace. The curriculum includes an overview of mental
health and provides education about Anxiety, Depression, Suicide, Trauma, Psychosis, and Substance Use Disorders,
along with videos, interactive exercises and practice scenarios. Courses must be taught onsite. The eight hour course
provides all participants with Mental Health First Aid Certification for three years. A four-hour option is available
for a general overview of the topic. The four-hour class does NOT provide participants with a Mental Health First
Aid Certification. Courses are limited to 30 participants per course.
6. CRITICAL INCIDENT SUPPORT (Crisis Support/Management Services/Critical Incident Stress De -Briefing (CISD)
Services): An array of services offered by the EAP that helps an organization to prepare for, prevent, or respond to
traumatic events. Acts of war are excluded from on -site CISD Services.
• ON -SITE STANDARD CRITICAL INCIDENT SUPPORT: On -site attendance response time in greater than
two hours for hourly onsite crisis support and Critical Incident Stress De -Briefing (CISD) Services at Customer
sites to help an organization prepare for, prevent, or respond to traumatic events.
• ON -SITE IMMEDIATE CRITICAL INCIDENT SUPPORT: On -site attendance response time in less than two
hours for hourly onsite crisis support and Critical Incident Stress De -Briefing (CISD) Services at Customer sites
to help an organization prepare for, prevent, or respond to traumatic events.
7. REDUCTION IN FORCE: The process by which a work organization reduces its work force by eliminating jobs, such
as closing subsidiaries or departments.
8. COMMUNICATION AND PROMOTIONAL MATERIALS: Information provided to Employees and management
about EAP Services, including, in part, how EAP Services can be accessed for consultation and assistance. The
EAP 9
EMPLOYEE ASSISTANCE PROGRAM SERVICES AGREEMENT
communications and promotional resources may include template e -mails, letters, flyers, wallet cards, and posters for
Employees and management. Company will provide reasonable quantities of printed materials in support of
implementation and/or on an annual basis at Customer's request at no cost. Reasonable quantities are defined as up to
120% of the number of eligible Employees for items such as flyers or brochures; a quantity up to 5% of the number of
eligible Employees for items such as posters; and a quantity of up to 20% of anticipated attendees at health fairs for other
promotional items. Requests exceeding these quantities may incur an additional fee.
9. MANAGEMENT REPORTS: A specific collection of data and narrative information designed to inform the Customer
about the overall utilization of the program. Customer may receive reports on a quarterly electronic basis. If for any 2
consecutive reporting periods there is less than 1% utilization, reporting frequency will default to annual reporting.
10. INTAKE MODEL:
• STANDARD MODEL: Initial intake calls answered by a care service associate /customer service representative.
11. EAP EXCLUSIONS: The following services are outside the scope of the EAP:
• Counseling services beyond the allowed number of sessions covered by the EAP benefit.
• Court ordered treatment or therapy, or any treatment or therapy ordered as a condition of parole, probation, custody,
or visitation evaluations, or paid for by Workers' Compensation.
• Formal psychological evaluations which normally involve psychological testing and result in a written report.
• Diagnostic testing and/or treatment.
• Visits with psychiatrist, including medication management.
• Prescription medications.
• Services for remedial education.
• Inpatient, residential treatment, partial hospitalizations, intensive outpatient.
• Ongoing counseling for a chronic diagnosis that requires long term care.
• Biofeedback.
• Hypnotherapy.
• Aversion therapy.
• Examination and diagnostic services required to meet employment, licensing, insurance coverage, travel needs.
• Services with a non -contracted EAP provider.
• Fitness for duty evaluations.
• Legal representation in court, preparation of legal documents, or advice in the areas of taxes, patents, or immigration,
except as otherwise described in this document.
• Investment advice (nor does plan loan money or pay bills).
EAP 10
EMPLOYEE ASSISTANCE PROGRAM SERVICES AGREEMENT
DESCRIPTION OF WORKLIFE SERVICES ADDENDUM
Subject to the terms and conditions of this Services Agreement, the WorkLife Services selected by Customer and provided by
Company are reflected in this Description of WorkLife Services Addendum and the Service and Fee Schedule, (as modified by
Company from time to time pursuant to Section 3 of the General Conditions Addendum). Additional WorkLife Services may be
provided at Customer's written request under the terms of this Services Agreement.
1. UNLIMITED TELEPHONIC ACCESS: Unlimited telephonic access to the call center staff, available 24 hours per day, 7
days per week, 365 days per year.
2. CAREGIVING SERVICES: Services that include consultation, information, education and referral services in connection
with, in part, adoption, child care, parenting, temporary back-up care, summer care, special needs, high -risk adolescents, academic
services, education loans, grandparents as parent, adult care, elder care, and disaster resources.
3. PERSONAL SERVICES: Free educational materials, personalized referrals, and interactive web tools to assist with:
A. Health & Wellness --Children's health; women's health; men's health; seniors' health; weight loss and nutrition; fitness
and exercise programs; general health; safety; stress management; information on diseases and conditions; and more.
B. Daily Life --Home improvement; pet care; consumer information; automotive services; relocation; travel; time
management; cleaning services; and more.
4. LEGAL SERVICES: Services provided through the EAP that include:
A. LEGAL SERVICES:
a. 1/2 hour Initial Consultation with selected participating attorney on an unlimited number of new Legal
Topics (each plan year). Certain topic areas are excluded, including employment law. Also excluded are
matters that, in the attorney's opinion, lack merit. Court costs, filing fees and fines are the responsibility of
the member. If members choose to continue with the participating attorney and hire that attorney on their
own, they will receive 25% off of the fees for services beyond the initial consultation (excluding flat legal
fees, contingency fees, and plan mediator services).
b. Mediation Services — Each member is entitled to one (I) initial thirty minute office or telephone
consultation per separate legal matter at no cost with a participating mediator. In the event that the member
wishes to retain a participating mediator after the initial consultation, they will be provided with a preferred
rate reduction of 25% from the mediator's normal hourly rate. Typical matters may include divorce and.
child custody, contractual and consumer disputes, real estate and landlord tenant, car accidents and
insurance disputes.
c. Simple Will Preparation: Members receive resources to complete one Simple Will.
d. All initial consultation (and discounted consultations) must be for legal matters related to the Employee and
eligible household members.
5. FINANCIAL SERVICES: Services provided through the EAP that include:
A. FINANCIAL SERVICES:
a. 1/2 hour Initial Consultation with the selected participating financial counselor on an unlimited number of
new Financial Counseling Topics each plan year.
b. Financial counseling topics include Budgeting, Credit, Debt, Retirement, College Planning, Buying vs.
Leasing, Mortgages/Refinancing, Financial Planning, Tax Questions, Tax Preparation, IRS Matters, Tax
Levies and Garnishments, Consumer Credit Counseling, and Community Services.
c. A discount of 25% off the tax preparation services.
d. Individual Employees may have the option to purchase additional services for a monthly nominal fee.
6. IDENTITY THEFT SERVICES: Services provided through the EAP that include:
A. IDENTITY THEFT SERVICES:
a. I -hour telephonic fraud resolution consultation for Identity Theft.
b. Coaching and direction on prevention and restoring credit for victims of Identity Theft.
c. Free Identity Theft Emergency Response Kit for victims of Identity Theft.
d. Individual Employees may have the option to purchase additional services for a monthly nominal fee.
EAP 11
EMPLOYEE ASSISTANCE PROGRAM SERVICES AGREEMENT
7. MEMBER WEBSITE:
A. CORE MEMBER WEBSITE: Access to customizable member website for free webinars, online worklife searches,
concierge database, discount program, thousands of articles, videos, and tools on worklife and behavioral health topics.
EAP 12
EMPLOYEE ASSISTANCE PROGRAM SERVICES AGREEMENT
DOMESTIC EAP SERVICE AND FEE SCHEDULE
Customer hereby elects to receive the Services, within the 50 U.S. states only, as designated below. The below Service Fees
shall be in effect for three (3) years of this Services Agreement, beginning upon the Effective Date of this Services Agreement,
and, thereafter, if this Services Agreement is extended by the parties for any additional successive one year term(s), such Service
Fees may be revised for each such successive term. Notwithstanding the immediately preceding sentence, the below Service Fees
shall be amended by Company, from time to time during the first three (3) years of this Services Agreement and for any future
period(s) thereafter, in accordance with the terms of this Service and Fee Schedule.
Services
Service Fees
EAP Session Model
Unlimited Telephonic Access
with
Up to six (6) counseling sessions with. an
EAP Network Provider or televideo
provider, delivered via face-to-face,
telephonically, or televideo per problem per
contract year
$ 1.50 PE/PM
Worklife Services, including Caregiving Services,
Personal Services, Legal and Financial Services,
Identity Theft Services, Core Member Website
Included in the EAP Session Model PE/PM.
Intake Model
Standard EAP Model
Included in the EAP Session Model PE/PM.
EAP 13
EMPLOYEE ASSISTANCE PROGRAM SERVICES AGREEMENT
Services
Service Fees
Critical Incident Support/Critical Incident Stress
Unlimited Standard CISD Services: Unlimited Standard. CISD
De -Briefing (CISD) Services Standard Services
sessions are included in the EAP Session Model PE/PM Rate, CISD
(On -site attendance response time in greater than
Services are limited to 10 hours per incident. Immediate CISD's are
2 hours)
subject to the fees described below. Issues concerning downsizing,
mergers, acquisition activities (i.e. Reductions in Force or RIF's),
catastrophic natural disasters, and terrorism, or services beyond the 10
hour cap, are subject to the hourly rate of $250.00 per hour plus travel
and preparation expenses reimbursed at a flat rate of $150.00 per
location.
CISD hours used, whether fee for service and/or within the bank of
standard hours, are calculated based upon the combined total number
of hours all clinicians are on -site.
If Customer requests a specific crisis counselor, or a counselor with
specific qualities, including but not limited to specialized
certifications, experience, or language, Customer will be billed the
applicable hourly rate "door-to-door" which will include the
specialist's travel time. This is in lieu of the flat travel fee.
If Customer requests on -site crisis response services in a location
which is further than 50 miles from a town with a population of at
least 25,000 people, Customer will be billed the applicable hourly rate
"door-to-door" which will include the specialist's travel time. This is
in lieu of the flat travel fee.
if Customer requests on -site support services in response to a large
scale disaster area affecting the transportation infrastructure of that
area, and/or the availability of local providers, necessitating the
assistance of providers from outside the affected areas, Customer will
be billed the current hourly rate plus $50 per hour for each on -site
hour. In addition, Customer will be billed $200 per travel hour from
the command center to the intervention site. This is in lieu of the flat
travel fee.
Any other Customer requested services wherein the crisis counselor
incurs non-standard travel (e.g. having to fly to accompany employees
affected by a crisis) will be billed at the exact travel costs in addition
to the hourly fees.
Critical Incident Support/Critical Incident Stress
Fee for Service Immediate CISD Pricing: $350.00 per hour plus
De -Briefing (CISD) Services —Immediate Services
travel and preparation expenses reimbursed at a fiat rate of $150.00
(On -site attendance response time in 2 hours or
less)
per location.
CISD hours used, whether fee for service and/or within the bank of
standard hours, are calculated based upon the combined total number
of hours all clinicians are on -site.
If Customer requests a specific crisis counselor, or a counselor with
specific qualities, including but not limited to specialized
certifications, experience, or language, Customer will be billed the
applicable hourly rate "door-to-door" which will include the
specialist's travel time. This is in lieu of the flat travel fee.
EAP
14
EMPLOYEE ASSISTANCE PROGRAM SERVICES AGREEMENT
Services
Service Fees
If Customer requests on -site crisis response services in a location
which is further than 50 miles from a town with a population of at
least 25,000 people, Customer will be billed the applicable hourly rate
"door-to-door" which will include the specialist's travel time. This is
in lieu of the flat travel fee.
If Customer requests on -site support services in response to a large
scale disaster area affecting the transportation infrastructure of that
area, and/or the availability of local providers, necessitating the
assistance of providers from outside the affected areas, Customer will
be billed the current hourly rate plus $50 per hour for each on -site
hour. In addition, Customer will be billed $200 per travel hour from
the command center to the intervention site. This is in lieu of the flat
travel fee.
Any other Customer requested services wherein the crisis counselor
incurs non-standard travel (e.g. having to fly to accompany employees
affected by a crisis) will be billed at the exact travel costs in addition
to the hourly fees.
Critical Incident Support/Critical Incident Stress
De -Briefing (CISD) Cancellation Fee
Whenever possible, Customer agrees to provide Company with 24
hours advance notice of cancellation of any requested Workplace
Crisis Response Services. Failure to provide Company with 24 hours'
notice of cancellation of any services:
• Fee for Service CISD Cancellation Fee: Services which.
are provided on a fee for service basis and which are subject
to the hourly rate will result in a charge of $375.00 per
incident.
• Unlimited Standard CISD Services Cancellation Fee:
Services which are excluded from the unlimited provision
listed above, i.e. above the 10 hours per incident cap,
immediate CISD services, downsizings, mergers, acquisition
activities (i.e. Reductions in Force or RIF's), catastrophic
natural disasters, and terrorism which are subject to the
hourly rate will result in a charge of $375.00 per incident.
Reduction in Force
Fee for Service Reduction in Force Pricing: $250.00 per hour plus
travel and preparation expenses reimbursed at a flat rate of $150.00
per location.
Reduction in Force Cancellation Fee
Reduction in Force Cancellation Fee: $375.00 per incident charge
for failure to provide Company with 24 hour notice of cancellation of
Reduction in Force service.
EAP
15
EMPLOYEE ASSISTANCE PROGRAM SERVICES AGREEMENT
Services
Service Fees
Training and Education
Fee for Service On -Site Training Pricing: $250.00 per hour for the
total amount of time that the educator is on site, plus a $150.00 per
location charge for travel and preparation time. If training is not
scheduled consecutively or multiple topics are scheduled, additional
travel and preparation costs may apply.
Fee for Service Webinar Training Pricing: $250.00 per hour, plus
a $150.00 charge for preparation for each web -based training for up to
50 participants. For webinars with more than 50 participants, an
additional charge of $25.00 applies for each additional 25 participants
up to a maximum of 200 participants.
Sessions less than one (1) hour in duration will count as one (1) hour
of Training and Education.
If Customer requests a specific educator, or an educator with specific
qualities, including but not limited to specialized certifications,
experiences or language, Customer will be billed any additional
incurred fees beyond the hourly fee above or have hours deducted
from bank.
In addition, if Customer cannot accommodate the schedule/availability
of a local Company contracted educator, requiring that the services of
an educator 50 miles away or greater from the Customer location is
necessary, then Customer will be billed any additional incurred fees
beyond the hourly fee above or have hours deducted from bank.
Training and Education Cancellation Fee
Failure to provide Company six (6) business days' notice of
cancellation of a previously scheduled training program may result in
a charge of:
• Fee for Service Training Cancellation Fee: $375.00 per
hour for services which are provided on a fee for service
basis and which are subject to the hourly rate.
Mental Health First Aid — 8 -Hour Course
$9,200.00
This option provides eight (8) hours of standard Mental Health First
Aid curriculum. Fee includes all instructor fees, travel, and
customization
Volume Discounts:
Note: 2 4 -hour classes should ideally be scheduled same day; 8 -hour
classes consecutive days
5-10 classes — 10% Discount
11-20 classes — 15% Discount
21+ classes — 20% Discount
EAP
16
EMPLOYEE ASSISTANCE PROGRAM SERVICES AGREEMENT
Services
Service Fees
Mental Health First Aid - 4 -Hour Course
$5,700.00
This option provides four (4) hours of standard Mental Health First
Aid curriculum. Fee includes all instructor fees, travel, and
customization
Volume Discounts:
Note: 2 4 -hour classes should ideally be scheduled same day; 8 -hour
classes consecutive days
5-10 classes — 10% Discount
11-20 classes — 15% Discount
21+ classes — 20% Discount
Mental Health First Aid — Other Course Options
I -Hour Webinar
$1,500.00
Mental Health First Aid Cancellation Fee
Schedule
If the Customer cancels for any reason within 30 days from the
training date, the Customer will be responsible for cancellation fees
as follows:
• 50% of the total fee 15-30 days prior to the scheduled date of
training.
• 100% of the total fee 0-14 days prior to the scheduled date of
training.
Drug Free Workplace Services
Substance Abuse Case Management by a
Substance Abuse Professional (SAP) and/or
for Department of Transportation regulation
compliance
DOT training to meet Drug -Free Workplace
regulations regarding drug and alcohol
awareness
$750.00 per case
DOT Alcohol and Drug -Free Workplace for Supervisors Training to
meet Drug -Free Workplace regulations regarding drug and alcohol
use. Additional fees may be added on to the base rate for DOT
training. These fees will be assessed on a case -by -case basis and are
dependent upon travel expenses and for classes that exceed 50
participants,
• DOT Supervisor Training - 2 hours at $800
DOT Alcohol and Drug -Free Workplace for Employees Awareness
Training (Note: this training does not meet Drug -Free Workplace
regulations regarding drug and alcohol use.) Additional fees may be
added on to the base rate for DOT training. These fees will be
assessed on a case -by -case basis and are dependent upon travel
expenses and for classes that exceed 50 participants.
EAP
17
EMPLOYEE ASSISTANCE PROGRAM SERVICES AGREEMENT
Services
Service Fees
f DOT Employee Training - 1 hour at $400
Company also may adjust Service Fees effective as of the date on which any of the following occurs.
1) If, for any Service, there is a (+/-) 20% change in the number of Employees from the number of Employees assumed in
Company's quotation as of the Effective Date of this Services Agreement.
2) Change in Services —A material change in Services is requested or initiated by the Customer or by legislative action.
3) Premium Taxes or Assessments -If legislative or regulatory action results in the assessment of premium taxes or other like
charges as it concerns those Services provided under the terms of this Agreement.
EAP 18
RE: EMPLOYEE ASSISTANCE PROGRAM - AETNA
AS TO J ANCE:
Elected Official or )p. ent Head
Controller
AP ROVED AS TO FORM:
APPROVED AS TO FORM:
ounty Attorney
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