HomeMy WebLinkAboutResolution - 2002-R0050 - Service Agreeent - Blue Cross And Blue Shield Of Texas - 02/14/2002Resolution No. 2002-R 0050
February 14, 2002
Item No. 18
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, an agreement between the
City of Lubbock and Blue Cross and Blue Shield of Texas, to provide certain
administrative services to the City of Lubbock. Said Agreement is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council this 14th day of February , 2002.
r
Y SI ON, MAYOR
ATTEST:
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v
Rebecca Garza
City Secretary
APPROVED AS TO CONTENT:
Mary HousV
Managing Director of Human Resources
APPROVED AS TO FORM:
William de Haas
Contract Manager/Attorney
Dh/Ccdocs/B1ueCrossBlueShield.res
January 30, 2002
Resolution No. 2002-R0050
February 14, 2002
Item No. 18
HOLD HARMLESS AND INDEMNIFICATION AGREEMENT
THIS AGREEMENT is made by and between the City of Lubbock, a state governmental entity
(hereinafter called GE) and Blue Cross and Blue Shield of Texas, Inc. (hereinafter called BCBSTX.)
WHEREAS, BCBSTX provides certain administrative services to GE including administration
of one or more employee welfare benefit plans,
WHEREAS, in the provision of administrative services, BCBSTX receives and maintains
information regarding personally identifiable medical information about GE's participants including
medical records, claims and medical diagnoses;
WHEREAS, several state and federal statutes require such medical information remain
confidential;
WHEREAS, GE needs such information to analyze and review the benefits and utilization for
its employee welfare benefit plan(s);
WHEREAS, GE, after advice and counsel of its attorney(s), desires BCBSTX to provide
information about its participants to GE or the designee of GE which might include confidential
medical information;
NOW THEREFORE, in consideration of the mutual promises and obligations contained herein,
the GE and BCBSTX agree as follows:
1. Upon written request of GE signed by GE's Director of Human Resources, BCBSTX
shall provide reports or other agreed upon media to GE which contain the personally
identifiable medical information relating to participants of one or more of GE's employee
welfare benefit plans. Such written request shall include as an attachment a certified
copy of the resolution evidencing that the elected officials of GE have approved the
request for information.
2. GE shall utilize such information only to the extent required for analysis and review of
actual and potential benefits and the cost of such benefits to the GE.
3. GE shall take appropriate measures to train and educate the person(s) who might receive
or utilize the information in the need to maintain the confidentiality of such information.
4. GE has or shall create policies and procedures to protect and safeguard the confidentiality
of the medical information of its participants.
HHIGEBC
5. GE shall, to the extent permitted by law, indemnify and hold harmless BCBSTX and any
and all of its affiliates or subsidiaries and its officers, directors, agents and employees
from all suits, actions, regulatory proceedings, losses, damages, claims or liability of any
character, type or description, including, without limiting the generality of the foregoing,
all expenses of litigation, administrative hearings, court costs, and attorneys fees as a
result of BCBSTX providing medical information requested by GE, including but not
limited to, the improper use of the medical information by GE, the failure of GE to
protect and safeguard the confidentiality of the medical information, or the dissemination
of the medical information to third parties by GE.
SIGNED this day the;,, , _ of 2002.
BY AND FOR BCBSTX BY AND FOR CITY O LUBBOCK
PRINTED NAME WINDY SITTON
TITLE (M ST BE OFFICER)
'91-GNATURe
HHIGEBC
MAYOR
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Mary House, M aging Director of Human Resources
APPROVED AS TO FORM:
William de Haas, Contract Manager