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<br />© 2012 Hitesman & Wold, P.A. City of Elk River <br />Flexible Benefits Plan <br />6 <br />(b) Relates to the past, present and future physical or mental health or condition of an <br />individual (including “genetic information” as that term is defined in the Genetic <br />Information Nondiscrimination Act of 2008); the provision of health care to an individual; <br />or the past, present or future payment for the provision of health care to an individual; <br />and <br />(c) Either identifies the individual or reasonably could be used to identify the individual. <br />PHI includes ePHI. <br />2.29 Participant means an Eligible Employee who participates in the Plan in accordance with Article <br />III and has not ceased to be a Participant under Section 3.4. <br />2.30 Plan means the City of Elk River Flexible Benefits Plan, as it may be amended from time to time. <br />2.31 Plan Administrator means the entity determined under Section 6.1. <br />2.32 Plan Year means the twelve-month period commencing on the first day of January and ending <br />on the last day of December. <br />2.33 Privacy Rules means the Standards and Privacy of Individually Identifiable Health Information <br />at 45 C.F.R. Part 160 and Part 164 at subparts A and E. <br />2.34 Security Rules means the Security Standards and Implementation Specifications at 45 C.F.R. <br />Part 160 and Part 164, subpart C. <br />2.35 Spouse means an individual who is (a) legally married to a Participant (under applicable state <br />law); and (b) treated as a “spouse” under the applicable section of the Code. <br />2.36 Summary Health Information means “summary health information” as defined in 45 C.F.R. <br />Section 164.504, which generally defines “summary health information” to include information, <br />which may be PHI, that summarizes claims history, claims expenses, or the type of claims <br />experienced by individuals receiving benefits under the Plan from which certain identifiers have <br />been deleted. <br />2.37 Tax Dependent means an individual (other than the Participant and the Participant’s Spouse) <br />with respect to whom group health plan benefits are excluded from the Participant’s income <br />under Section 105(b) of the Code. As of the effective date of this amendment, these individuals <br />include: <br />(a) the Participant’s “dependent” as determined under Section 152 of the Code (without <br />regard to subsections (b)(1), (b)(2) and (d)(1)(B) thereof), and <br />(b) the Participant’s child (as defined in Section 152(f)(1) of the Code) who has not attained <br />age 27 as of the end of the taxable year. <br />A child may be a Dependent under clause (b) above regardless of the child’s marital status, but <br />such child’s spouse and children shall not be Dependents unless they satisfy the requirements of <br />clause (a) above in their own right. <br />Page 99 of 254