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<br />PRIVACY ADDENDUM <br /> <br />L GENERAL PROVISIONS <br /> <br />Section 1. Eft'ect. Effective as of April 14, 2003, the terms and provisions of this <br />Addendum are incorporated in and shall supersede any conflicting' or inconsistent terms <br />and provisions of the Agreement for Employee Assistance Program Services to which this . <br />Addendum is attached, including all exhibits or other attachments thereto and all <br />documents incorporated therein by reference (the "Agreement"). This Addendum sets out <br />terms and provisio:ps relating to the use and disclosure of protected health information <br />without written authorization from the individual. <br /> <br />Section 2. Amendment. CIGNA Behavioral, Employer (also. jE'Cferred to as "Plan <br />Sponsor") and the Group Health Plan that is the subject of the Agreement (also referred to <br />. as "the Plan") agree to amend this Addendum to the extent necessary to allow either <br />CIGNA Behavioral or the Group Health Pian to comply with the Privacy Rules (45 <br />C.F.R. Parts 160 and 164), the Standards for,mectronic Transactions (45 C.F.R. Parts '160 <br />and 162) and the Security Standards (45 C.F.R. Part 142) (collectively, the "Standards") <br />promulgated or to be promulgated by the Secretary and all other ,applicable regulations or <br />statutes. CIGNA Behavioral, Employer and the Group Health Plan willfully comply with <br />all applicable Standards and will amend this . Addendum to incorporate any material <br />required by the Standards. <br /> <br />Section 3." Definitions.' Capitalized terms.used herein without definition shall have the <br />respective meanings assigned to such terms in Part IV of this Addendum. <br /> <br />ll. OBLIGATIONS OF CIGNA BEHAVIORAL <br /> <br />Section 1. Use and Disclosure of Protected Health Information. CIGNA Behavioral <br />may use and disclose Protected Health Infoimation, ("PHI") only as required to satisfy its <br />obligations or as permitted under the A~C?lt, or as permitted or required by law, but <br />shall not otherwise use or disclose any Protected Health Information. CIGNA Behavioral <br />shall not use or disclose, and shall ensure that its directors, officers and, employees do not <br />use or disclose, Protected Health Information in any manner ~ would constitute a <br />violation of the Privacy Standards if done by the Group Health P~ except that CIGNA <br />Behavioral may use and disclose Protected Health Information (i) for the proper <br />management and administration of CIGNA Behavioral, (ii) to carry out the legal <br />responsibilities of CIGNA Behavioral or (iii) to provide Data Aggregation services <br />relating to the health care operations of the Group Health Plan. <br /> <br />Section 2. Disclosure of Protected Health Information to GroUD Health Plan <br />SDonsor. . <br /> <br />(a) The Group Health Plan acknowledges and agrees that the Privacy Rules allow the <br />Group Health Plan to permit CIGNA Behavioral to disclose or provide access to PHI, <br />other than SU11ll;D.ary Health Information, to the Plan Sponsor only after the Plan <br />Sponsor has amended its plan documents to' provide for the permitted and required <br /> <br />Nopm <br />