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Item C25C ounty of M onroe {f `° " rel BOARD OF COUNTY COMMISSIONERS n Mayor David Rice, District 4 The FlOnda Key y m 1 �� Mayor Pro Tem Sylvia J. Murphy, District 5 Danny L. Kolhage, District 1 George Neugent, District 2 Heather Carruthers, District 3 County Commission Meeting June 20, 2018 Agenda Item Number: C25 Agenda Item Summary #4311 BULK ITEM: Yes DEPARTMENT: Employee Services TIME APPROXIMATE: STAFF CONTACT: Maria Fernandez- Gonzalez (305) 292 -4448 N/A AGENDA ITEM WORDING: Approval of one -year policy renewal with Delta Dental Insurance (1 /l /19- 12/31/19). No rate increase for Low Plan. High Plan rates will increase by 15% ITEM BACKGROUND: One -year renewal of the County's agreement with Delta Dental Insurance. Dental Low Plan: No rate changes. Dental High Plan: 15% rate increase. Employee Only rate increases $6.34 per month from $42.26 to $48.60; Employee & Spouse Only rate increases $12.00 per month from $79.97 to $91.97; Employee & Children Only rate increases $12.95 per month from $86.32 to $99.27; Family Coverage increases $18.75 per month from $125.02 to $143.77. The Dental High Plan has almost 500 more enrollees than the Low Plan. With enrollments and claims experience in the High Plan continuing to rise (SEE ATTACHMENT C & D) an increase in the High Plan premium is appropriate; From April 2017 to April 2018, claims have exceeded premiums collected by approximately 5 %. No changes are being made to the dental coverages. (SEE ATTACHMENT A & B). May 2015, BOCC approved staff to negotiate a policy with Delta Dental for a two (2) year term (9/l/15- 12/31/17). October 2017, BOCC approved a one -year renewal with Delta Dental with a 20% premium increase in the High Plan due to high dental utilization and claims experience. Delta Dental has maintained the Low Plan premium rates unchanged for the past five years, including this renewal for 2019. The majority of dentists in Monroe County participate in Delta Dental as Premier Providers in the High Plan. Enrollment in the High Plan (1379) is greater than the Low Plan (893) primarily because of the dentist in the Premier PPO network. In addition, the High Plan is a much richer plan with an annual maximum benefit of $5,000 per covered individual and allows $3,000 for Orthodontics (dependent children only). Delta Dental continues to maintain a strong network in Monroe County, which provides employees more provider choices. PREVIOUS RELEVANT BOCC ACTION: 2011 Dental RFP resulted in two -year agreement with United Concordia approved by the BOCC, October 2011. In 2014, the Employee Benefits Department began to receive numerous complaints from employees about their dentists leaving the United Concordia network due to lowered reimbursements. In addition, dentists complained of United Concordia denying claims and requesting additional documentation. Due to these service and network concerns, a Dental RFP was done early 2015 resulting in Delta Dental ranked as the 41 vendor. A special Open Enrollment, just for dental, was held in order for employees /retirees to drop their dental coverage or enroll with Delta Dental. Delta Dental agreed to credit any deductibles already satisfied for 2015. CONTRACT /AGREEMENT CHANGES: 15% increase in High Plan premiums STAFF RECOMMENDATION: Approval for a one -year renewal with Delta Dental (1/1/19 through 12/31/19). DOCUMENTATION: RENEWAL FROM DELTA DENTAL ATTACHMENT A - DED, MAXIMUMS, BENEFIT LEVELS ATTACHMENT B - SERVICES, LIMITATIONS, EXCLUSIONS ATTACHMENT C - HIGH PLAN ATTACHMENT D - LOW PLAN FINANCIAL IMPACT: Effective Date: 1/1/2019 Expiration Date: 12/31/2019 Total Dollar Value of Contract: Total Cost to County: ZERO Current Year Portion: Budgeted: Source of Funds: 100% OF PREMIUMS PAID BY PARTICIPANTS CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: No County Match: No Insurance Required: Additional Details: REVIEWED BY: Bryan Cook Completed Assistant County Administrator Christine Hurley 06/05/2018 8:39 AM Cynthia Hall Completed Budget and Finance Completed Maria Slavik Completed Kathy Peters Completed Board of County Commissioners Pending 06/05/2018 9:14 AM Skipped 06/05/2018 9:20 AM 06/05/2018 9:22 AM 06/05/2018 11:14 AM 06/05/2018 11:24 AM 06/20/2018 9:00 AM -%% % w:d 1tadento1ins_c rri May 31, 2018 Monroe County Board of County Commissioners 1100 Simonton Street Key West, 33040 RE: Contract Renewal for Monroe County Board of County Commissioners Delta Dental PPOI Group# 17858 We appreciate your business and thank you for choosing Delta Dental Insurance Company. Your employees are among the millions nationwide who trust their smiles to Delta Dental. We are pleased to present you with your dental plan contract renewal information. We are committed to providing you with quality plan designs combined with excellent customer service. When reviewing your dental plan, we considered cost factors related to your group's dental service utilization and claims experience. Our analysis indicates that an increase in your current rate is necessary. We have made every attempt to keep this increase as low as possible. We have calculated your rates based on the employer /employee contribution levels in your contract remaining the same. If the contribution levels and/or enrollment guidelines have changed or will change, please notify us immediately, as such a change may affect your renewal rate. The following is the renewal information for your Delta Dental PPO'dental plan: �07 WPM Telephone= 88&335-8227 Please keep this renewal letter with your contract documents. [t serves as an amendment to your Delta Dental Contracts for the rates and contract term. To renew your dental plan contract, please follow these steps: 1) Review this letter for changes to your dental plan for January 01,2019 2) Begin paying the rates outlined in this letter with your new contractterm. If you have any questions about your renewal, your Account Manager will be happy to help. We appreciate your continued confidence in Delta Dental. We are proud of our association with you and look forward to a long and mutually successful relationship. Sincerely, Delta Dental Insurance Company MohammadReza Navid Group Vice President, Sales The American Dental Association (ADA) annually updates its standard dental procedure coding system, which is a component of its Code on Dental Procedures and Nomenclature (CDT Code) reference manual. When the ADA changes the codes, carriers must adopt the changes. We process claims according to the current CDT reference manual. Changes made to comply with the CDT Code do not constitute a material change to your dental plan design. Summary of Contract Amendments to Monroe County Board of County Commissioners Delta Dental: PPO' Delta Dental's retro - termination pglicy for enrollees. As a reminder, Delta Dental's policy is that enrollment may be adjusted retroactively to the immediately preceding three months plus the current month billed if no claims have been processed after the requested termination date for the enrollee. Provider reimbursement. As a reminder, Delta Dental's policy is to reimburse contracted dentists based on the network payment provisions for the geographic area in which the services are provided OHCA Notification Please be informed that consistent with the group application and group contract terms, Delta Dental considers its relationship with fully insured group health plans as subject to HIPAA's "Organized Health Care Arrangement" (OHCA) privacy rules as defined in 45 Code of Federal Regulations (C.F.R.) § 164.501. Functionally, the exchange of enrollment information between Delta Dental and your group remains the same. While a Business Associate Agreement is not required between Delta Dental and your fully insured group health plan within an OHCA, any Protected Health Information (PHI) exchanged or shared between the entities remains subject to HIPAA's minimum necessary rule and other privacy rules in addition to any applicable state laws and regulations governing the disclosure of individually identifiable health information. Additionally, confidentiality requirements remain applicable to the exchange of information within an OHCA. Attachment A Deductibles, Maximums and Contract Benefit Levels Contractholder: Monroe County Board of County Commissioners Group Number: 17858 Effective Date: September 1, 2015 Deductible per Enrollee each Calendar Year per Enrollee each Calendar Year $150 per family each Calendar Year Deductibles waived for Orthodontics Services Deductible Takeover Annual Maximum Lifetime Orthodontic Maximum Maximum Takeover Credit Any annual Deductible amount satisfied by the Enrollees under the Contractholder's previous dental care plan from January 1, 2015 to the Effective Date will be credited towards the annual Deductible under the Contract. $2,000 per Enrollee each Calendar Year If an Enrollee switches from the Low Plan to the High Plan at Open Enrollment, the Maximum Amount payable for Benefits will not exceed the applicable Maximum for the $1,500 per dependent child Enrollee to their 26 birthday Delta Dental will receive credit for any amount paid under the Contractholder's previous dental care plan from January 1, 2015 to the Effective Date. These amounts will be credited towards the Annual Maximum. Delta Dental will receive credit for any amount paid under the Contractholdees previous dental care plan for Orthodontic Services. These amounts will be credited towards the Maximum payable for Orthodontic Services. $150 per family each Calendar Year agnostic & Preventive and Orthodontics Services Any annual Deductible amount satisfied by the Enrollees under the Contractholder's previous dental care plan from January 1, 2015 to the Effective Date will be credited towards the annual Deductible under the Contract. $5,000 per Enrollee each Calendar Year If an Enrollee switches from the High Plan to the Low Plan at Open Enrollment, the Maximum Amount payable for Benefits will not exceed applicable Maximum for the Low Plan. $3,000 per dependent child Enrollee to their 26"' birthday Delta Dental will receive credit for any amount paid under the Contractholder's previous dental care plan from January 1, 2015 to the Effective Date. These amounts will be credited towards the Annual Maximum. Delta Dental will receive credit for any amount paid under the Contractholder's previous dental care plan for Orthodontic Services. These amounts will be credited towards the Maximum payable for Orthodontic Services. E -51 PPO- A- DM21-1-12 1 17858 High Plan t Reimbursement is based on PPO Contracted Fees for PPO Providers, Premier Contracted Fees for Premier Providers and Program Allowance for Non -Delta Dental Providers. E -51 PPO- A- DM2LH2 2 17858 Low Plan t Reimbursement is based on PPO Contracted Fees for PPO Providers, PPO Contracted Fees for Premier Providers and PPO Contracted Fees for Non -Delta Dental Providers. Attachment B Services, Limitations and Exclusions Contractholder: Monroe County Board of County Commissioners Group Number: 17858 Effective Date: September 1, 2015 Description of Dental Services Delta Dental will pay or otherwise discharge the Contract Benefit Level shown in Attachment A for the following services: • Diagnostic and Preventive Services (1) Diagnostic: procedures to aid the Provider in determining required dental decay). treatment. (2) Preventive: cleaning (periodontal cleaning in the presence of inflamed gums is (8) Specialist opinion or advice requested by the general dentist. considered to be a Basic Benefit for payment purposes), topical application of fluoride solutions. (3) Palliative: emergency treatment to relieve pain. • Basic Services (1) Oral Surgery: extractions and other surgical procedures (including pre- and post- operative care). (2) General Anesthesia when administered by a Provider for covered Oral Surgery or or IV Sedation: selected endodontic and periodontal surgical procedures. (3) Endodontics: treatment of diseases and injuries of the tooth pulp. (4) Periodontics: treatment of gums and bones supporting teeth. (5) Sealants: topically applied acrylic, plastic or composite materials used to seal developmental grooves and pits in permanent molars for the purpose of preventing decay. (6) Restorative: amalgam and resin -based composite restorations (fillings) and prefabricated crowns for treatment of carious lesions (visible destruction of hard tooth structure resulting from the process of decay). (7) Denture Repairs: repair to partial or complete dentures, including rebase procedures and relining. (8) Specialist opinion or advice requested by the general dentist. Consultations: • Major Services (1) Crowns and treatment of carious lesions (visible decay of the hard tooth structure) Inlays/Onlays: when teeth cannot be restored with amalgam or resin -based composites. (2) Prosthodontics: procedures for construction of fixed bridges, partial or complete dentures and the repair of fixed bridges. • Orthodontic Services Procedures performed by a Provider using appliances to treat malocclusion of teeth and /or jaws which significantly interferes with their function. • Note on additional Benefits during pregnancy When an Enrollee is pregnant, Delta Dental will pay for additional services to help improve the oral health of the Enrollee during the pregnancy. The additional services each Calendar Year while the Enrollee is covered under the Contract include one (1) additional oral exam and either one (1) additional routine cleaning; or one (1) additional periodontal scaling and root planing per quadrant; or one (1) additional periodontal maintenance procedure. Written confirmation of the pregnancy must be provided by the Enrollee or her Provider when the claim is submitted. ENT -51 LE -FL 1 17858 Limitations (1) Services that are more expensive than the form of treatment customarily provided under accepted dental practice standards are called "Optional Services ". Optional Services also include the use of specialized techniques instead of standard procedures. Examples of Optional Services: a) a crown where a filling would restore the tooth; b) an inlaylonlay instead of an amalgam restoration; c) porcelain, resin or similar materials for crowns placed on a maxillary second or third molar, or on any mandibular molar (an allowance will be made for a porcelain fused to high noble metal crown); or d) an overdenture instead of denture. If an Enrollee receives Optional Services, an altemate Benefit will be allowed, which means Delta Dental will base Benefits on the lower cost of the customary service or standard practice instead of on the higher cost of the Optional Service. The Enrollee will be responsible for the difference between the higher cost of the Optional Service and the lower cost of the customary service or standard procedure. (2) Exam and cleaning limitations a) Delta Dental will pay for oral examinations (except after hours exams and exams for observation) and cleanings (including periodontal cleanings in the presence of inflamed gums or any combination thereof) no more than twice in a 12 month period. b) A full mouth debridement is allowed once in a lifetime and counts toward the cleaning frequency in the year provided. c) Delta Dental will pay for up to two (2) additional periodontal cleanings or Procedure Codes that include periodontal cleanings during any Calendar Year if Enrollees have a previous history of periodontal therapy. Note that periodontal cleanings and full mouth debridement are covered as a Basic Benefit, and routine cleanings are covered as a Diagnostic and Preventive Benefit. See note on additional Benefits during pregnancy. d) Caries risk assessments are allowed once in 36 months for Enrollees age three (3) to 19. (3) X-ray limitations: a) Delta Dental will limit the total reimbursable amount to the Providers Accepted Fee for a complete intraoral series when the fees for any combination of intraoral x -rays in a single treatment series meet or exceed the Accepted Fee for a complete intraoral series. b) When a panoramic film is submitted with supplemental film(s), Delta Dental will limit the total reimbursable amount to the Provider's Accepted Fee for a complete intraoral series. c) If a panoramic film is taken in conjunction with an intraoral complete series, Delta Dental considers the panoramic film to be included in the complete series. d) A complete intraoral series and panoramic film are each limited to once every 60 months. e) Bitewing x -rays are limited to once in a 6 month period when provided to Enrollees under age 14 and once in a 12 month period for Enrollees age 14 and over. Bitewings of any type are disallowed within 12 months of a full mouth series unless warranted by special circumstances. (4) Topical application of fluoride solutions is limited to Enrollees to age 19 and no more than twice in a Calendar Year. (5) Space maintainer limitations: a) Space maintainer is limited to the initial appliance once every three (3) years for Enrollees under age 19. b) Recementation of space maintainer is limited to once per lifetime. c) The removal of a fixed space maintainer is considered to be included in the fee for the space maintainer; however, an exception is made if the removal is performed by a different Provider /Providers office. (6) Pulp vitality tests are allowed once per day when definitive treatment is not performed. (7) Cephalometric x -rays, orallfacial photographic images and diagnostic casts are covered once per lifetime only when Orthodontic Services are covered. If Orthodontic Services are covered, see Limitations as age limits may apply. However, 3D x -rays are not a covered benefit. (8) Sealants are limited as follows: a) to permanent first molars through age eight (8) and to permanent second molars through age 15 if they are without caries (decay) or restorations on the occlusal surface. b) repair or replacement of a Sealant on any tooth within 36 months of its application is included in the fee for the original placement. (9) Specialist Consultations, screenings of patients, and assessments of patients are limited to once per lifetime per Provider and count toward the oral exam frequency. ENT -51 LE -FL 2 17858 (10) Delta Dental will not cover replacement of an amalgam within 12 months of treatment if the service is provided by the same Provider /Provider office. Replacement restorations within 12 months are included in the fee for the original restoration. Delta Dental will not cover replacement of prefabricated crowns within 24 months of treatment if the service is provided by the same Provider/Provider office. Replacement restorations within 24 months are included in the fee for the original restoration. (11) Protective restorations (sedative fillings) are allowed once per tooth per lifetime when definitive treatment is not performed on the same date of service. (12) Prefabricated crowns are allowed on baby (deciduous) teeth and permanent teeth up to age 16. (13) Therapeutic pulpotomy is limited to once per lifetime for baby (deciduous) teeth only and is considered palliative treatment for permanent teeth. (14) Root canal therapy and pulpal therapy (resorbable filling) are limited to once in a lifetime. Retreatment of root canal therapy by the same Provider/Provider office is limited to once in a lifetime and is considered part of the original procedure. (15) Apexification is only benefited on permanent teeth with incomplete root canal development or for the repair of a perforation. Apexification visits have a lifetime limit per tooth of one (1) initial visit, four (4) interim visits and one (1) final visit to age 19. (16) Retreatment of apical surgery by the same Provider/Provider office within 24 months is considered part of the original procedure. (17) Pin retention is covered not more than once in any 24 -month period. (18) Palliative treatment is covered per visit, not per tooth, and the fee includes all treatment provided other than required x -rays or select Diagnostic procedures. (19) Periodontal limitations: a) Benefits for periodontal scaling and root planing in the same quadrant are limited to once in every 24- month period. See note on additional Benefits during pregnancy. b) Periodontal surgery in the same quadrant is limited to once in every 24 -month period and includes any surgical re -entry or scaling and root planing. c) Periodontal services, including bone replacement grafts, guided tissue regeneration, graft procedures and biological materials to aid in soft and osseous tissue regeneration are only covered for the treatment of natural teeth and are not covered when submitted in conjunction with extractions, periradicular surgery, ridge augmentation or implants. d) If in the same quadrant, scaling and root planing must be performed at least six (6) weeks prior to the periodontal surgery. e) Cleanings (regular and periodontal) and full mouth debridement are subject to a 30 day wait following periodontal scaling and root planing if performed by the same Provider office. (20) Oral Surgery services are covered once in a lifetime except removal of cysts and lesions and incision and drainage procedures, which are covered once in the same day. (21) The following Oral Surgery procedure is limited to age 19 or orthodontic limiting age: transseptal fiberotomy /supra crestal fiberotomy, by report. (22) The following Oral Surgery procedures are limited to age 19 (or orthodontic limiting age) provided Orthodontic Services are covered: surgical access of an unerupted tooth, placement of device to facilitate eruption of impacted tooth, and surgical repositioning of teeth. (23) Crowns and Inlays/Onlays are limited to Enrollees age 12 and older and are covered not more often than once in any 60 month period except when Delta Dental determines the existing Crown or Inlay /Onlay is not satisfactory and cannot be made satisfactory because the tooth involved has experienced extensive loss or changes to tooth structure or supporting tissues. (24) When an alternate Benefit of an amalgam is allowed for inlays/ onlays, they are limited to Enrollees age 12 and older and are covered not more than once in any 60 month period. (25) Core buildup, including any pins, are covered not more than once in any 60 month period. (26) Post and core services are covered not more than once in any 60 month period. ENT -51 LE -FL 3 17858 (27) Crown repairs are covered not more than twice in any 60 month period. (28) Denture Repairs are covered not more than once in any six (6) month period except for fixed Denture Repairs which are covered not more than twice in any 60 month period. (29) Prosthodontic appliances, that were provided under any Delta Dental program will be replaced only after 60 months have passed, except when Delta Dental determines that there is such extensive loss of remaining teeth or change in supporting tissue that the existing fixed bridge or denture cannot be made satisfactory. Fixed prosthodontic appliances are limited to Enrollees age 16 and older. Replacement of a prosthodontic appliance not provided under a Delta Dental program will be made if Delta Dental determines it is unsatisfactory and cannot be made satisfactory. (30) When a posterior fixed bridge and a removable partial denture are placed in the same arch in the same treatment episode, only the partial denture will be a Benefit. (31) Recementation of Crowns, Inlays/Onlays or bridges is included in the fee for the Crown, Inlay /Onlay or bridge when performed by the same Provider/Provider office within six (6) months of the initial placement. After six (6) months, payment will be limited to one (1) recementation in a lifetime by the same Provider /Provider office. (32) Delta Dental limits payment for dentures to a standard partial or complete denture (Enrollee Coinsurances apply). A standard denture means a removable appliance to replace missing natural, permanent teeth that is made from acceptable materials by conventional means and includes routine post delivery care including any adjustments and relines for the first six (6) months after placement. a) Denture rebase is limited to one (1) per arch in a 24 -month period and includes any relining and adjustments for six (6) months following placement. b) Dentures, removable partial dentures and relines include adjustments for six (6) months following installation. After the initial six (6) months of an adjustment or reline, adjustments are limited to two (2) per arch in a Calendar Year and relining is limited to one (1) per arch in a six (6) month period. c) Tissue conditioning is limited to two (2) per arch in a 12 -month period. However, tissue conditioning is not allowed as a separate Benefit when performed on the same day as a denture, reline or rebase service. d) Recementation of fixed partial dentures is limited to once in a lifetime. (33) Delta Dental will not pay for implants (artificial teeth implanted into or on bone or gums), their removal or other associated procedures, but Delta Dental will credit the cost of a pontic or standard complete or partial denture toward the cost of the implant associated appliance, i.e., the implant supported crown or denture. The implant appliance is not covered. (34) Limitations on Orthodontic Services a) The maximum amount payable for each Enrollee is shown in Attachment A. b) Orthodontic Benefits will be provided in two (2) payments after the person becomes covered, (the initial payment at the banding date and the second in 12 months); however, for treatment plans of less than $500 or when the treatment plan is 12 months or less, one (1) payment will be made. c) Benefits are not paid to repair or replace any orthodontic appliance received under this plan. d) Benefits are not paid for orthodontic retreatment procedures. e) Benefits for Orthodontic Services are limited to dependent child Enrollees to their 26th birthday. Exclusions Delta Dental does not pay Benefits for: (1) treatment of injuries or illness covered by workers' compensation or employers' liability laws; services received without cost from any federal, state or local agency, unless this exclusion is prohibited by law. (2) cosmetic surgery or procedures for purely cosmetic reasons. (3) maxillofacial prosthetics. (4) provisional and/or temporary restorations (except an interim removable partial denture to replace extracted anterior permanent teeth during the healing period for children 16 years of age or under). Provisional and/or temporary restorations are not separately payable procedures and are included in the fee for completed service. (5) services for congenital (hereditary) or developmental (following birth) malformations, including but not limited to cleft palate, upper and lower jaw malformations, enamel hypoplasia (lack of development), fluorosis (a type of discoloration of the teeth) and anodontia (congenitally missing teeth), except those services provided to newborn children for medically diagnosed congenital defects or birth abnormalities. ENT -51 LE -FL 4 17858 (6) treatment to stabilize teeth, treatment to restore tooth structure lost from wear, erosion, or abrasion or treatment to rebuild or maintain chewing surfaces due to teeth out of alignment or occlusion. Examples include but are not limited to: equilibration, periodontal splinting, complete occlusal adjustments or Night Guards/Occlusal guards and abfraction. (7) any Single Procedure provided prior to the date the Enrollee became eligible for services under this plan. (8) prescribed drugs, medication, pain killers, antimicrobial agents, or experimental/investigational procedures. (9) charges for anesthesia, other than General Anesthesia and IV Sedation administered by a Provider in connection with covered Oral Surgery or selected Endodontic and Periodontal surgical procedures. Local anesthesia and regionallor trigeminal bloc anesthesia are not separately payable procedures. (10) extraoral grafts (grafting of tissues from outside the mouth to oral tissues). (11) laboratory processed crowns for Enrollees under age 12. (12) fixed bridges and removable partials for Enrollees under age 16. (13) interim implants and endodontic endosseous implant. (14) indirectly fabricated resin -based Inlays/Onlays. (15) charges by any hospital or other surgical or treatment facility and any additional fees charged by the Provider for treatment in any such facility. (16) treatment by someone other than a Provider or a person who by law may work under a Provider's direct supervision. (17) charges incurred for oral hygiene instruction, a plaque control program, preventive control programs including home care times, dietary instruction, x -ray duplications, cancer screening, tobacco counseling or broken appointments. (18) dental practice administrative services including, but not limited to, preparation of claims, any non - treatment phase of dentistry such as provision of an antiseptic environment, sterilization of equipment or infection control, or any ancillary materials used during the routine course of providing treatment such as cotton swabs, gauze, bibs, masks or relaxation techniques such as music. (19) procedures having a questionable prognosis based on a dental consultant's professional review of the submitted documentation. (20) any tax imposed (or incurred) by a government, state or other entity, in connection with any fees charged for Benefits provided under the Contract, will be the responsibility of the Enrollee and not a covered Benefit. (21) Deductibles, amounts over plan maximums and /or any service not covered under the dental plan. (22) services covered under the dental plan but exceed Benefit limitations or are not in accordance with processing policies in effect at the time the claim is processed. (23) services for Orthodontic treatment (treatment of malocclusion of teeth and /or jaws) except as provided under the Orthodontic Services section, if applicable. (24) services for any disturbance of the Temporomandibular (jaw) Joints (TMJ) or associated musculature, nerves and other tissues) except as provided under the TMJ Benefit section, if applicable. (25) missed and/or cancelled appointments. ENT -51 LE -FL 5 17858 ATTACHMENT C GROUP VARIABLES for Monroe County Board of County Commssloners 17858 Effective Date: September 1, 2015 Contract Term: September 1, 2015 thru December 31, 2017 Termination IMinimurn Number of Primary Enrollees): ess t an nmary Enrollees. Premiums: Monthly Amount: Low Plan High Plan Per Primary Enrollee: $25.86 $35.22 Per Primary Enrollee and Spouse: $48.94 $66.64 Per Primary Enrollee and Child(ren): $52.81 $71.93 Per Primary Enrollee and Family: $76.51 $104.18 Premiums are to be remitted to: Delta Dental Insurance Company P.O. Box 7564 San Francisco, CA 94120 -7564 Payment Breakdown: Primary Enrollee shall pay: 100% for Primary Enrollee 100% for Dependent Enrollees Contractholder may charge persons electing continued coverage pursuant to Title X of P.L. 99 as permitted by law. ENT -51GV FL 9 17858 Delta Dental Insurance Company 1130 Sanctuary Parkway Alpharetta, Georgia 30009 (770) 641 -5100 (888) 858 -5252 Delta Dental PPOsm Group Dental Insurance Contract Monroe Coun Board of Coun Commissioners , ( "Contractholder') has applied for a group cFental insurance Contract with e a Dental Insurance Company ("Delta Dental"). The following terms will apply: I. Contractholder will pay Delta Dental the monthly Premium stated in this Contract. II. When the Contractholder pays the first month's Premium, the term of this Contract will begin at 12:01 a.m. Standard Time, on the Effective Date listed in Attachment C, Group Variables (Attachment C). The term of this Contract will end as stated in this Contract at the end of the Contract Term at 12:00 midnight Standard Time. III. Contractholder will provide each Primary Enrollee electronic access to a certificate/Evidence of Coverage booklet supplied by Delta Dental. Delta Dental will also fumish a hard copy to a Primary Enrollee or the Contractholder upon request. Contractholder will also distribute to its Enrollees any notice from Delta Dental which may affect their rights under this Contract. So long as Contractholder pays the Premiums as stated in Article 3, Delta Dental agrees to provide the Benefits described in this Contract including Attachment A Deductibles, Maximums and Contract Benefit Levels (Attachment A) and Attachment B Services, Limitations and Exclusions (Attachment B). This Contract is issued and delivered in the State of Florida and is governed by its laws. Delta Dental Insurance Company Q�Wkwmnv Anthony S. Barth, President This Contract Contains a Deductible Provision ENT -51 PPO -FL -C 1 17858 TABLE OF CONTENTS ARTICLE 1- DEFINITIONS ARTICLE 2 - ELIGIBILITY AND ENROLLMENT ARTICLE 3 - MONTHLY PREMIUMS ARTICLE 4 - CONDITIONS UNDER WHICH BENEFITS WILL BE PROVIDED ARTICLE 5 - GENERAL PROVISIONS ARTICLE 6 - TERMINATION AND RENEWAL ARTICLE 7 -ATTACHMENTS ENT -51 PPO -FL -C 2 17858 ARTICLE 1 - DEFINITIONS Terms when capitalized in this document have defined meanings, given either in the section below or within this Contract's sections. 1.01 Accepted Fee — the amount the attending Provider agrees to accept as payment in full for services rendered. The Accepted Fee for a Non -Delta Dental Provider is said Provider's Submitted Fee. 1.02 Benefits -- the amounts that Delta Dental will pay for covered dental services under this Contract. 1.03 Calendar Year — the 12 months of the year from January 1 through December 31. 1.04 Claim Form -- the standard form used to file a claim or request a Pre Treatment Estimate. 1.05 Contract -- this agreement between Delta Dental and the Contractholder, including the attachments listed in Article 7. 1.06 Contract Benefit Level — the percentage of the Maximum Contract Allowance that Delta Dental will pay after the Deductible has been satisfied as shown in Attachment A. 1.07 Contractholder — the employer, union or other organization or group as named herein contracting to obtain Benefits. 1.08 Contract Term — the period during which this Contract is in effect, as shown in Attachment C. 1.09 Contract Year — the 16 months starting on the Effective Date and each subsequent 12 month period thereafter. 1.10 Deductible -- a dollar amount that an Enrollee and/or the Enrollee's family (for family coverage) must pay for certain covered services before Delta Dental begins paying Benefits. 1.11 Delta Dental Premiere Provider (Premier Provider) -- a Provider who contracts with Delta Dental or any other member company of the Delta Dental Plans Association and agrees to accept the Delta Dental Premier Contracted Fee as payment in full for covered services provided under a plan. A Premier Provider also agrees to comply with Delta Dental's administrative guidelines. 1.12 Delta Dental Premier Contracted Fee -- the fee for each Single Procedure that a Premier Provider has contractually agreed to accept as payment in full for covered services. 1.13 Delta Dental PPOsm Provider (PPO Provider) — a Provider who contracts with Delta Dental Insurance Company or any other member company of the Delta Dental Plans Association and agrees to accept the Delta Dental PPO Contracted Fee as payment in full for covered services provided under a PPO dental plan. A PPO Provider also agrees to comply with Delta Dental's administrative guidelines. 1.14 Delta Dental PPO Contracted Fee — the fee for each Single Procedure that a PPO Provider has contractually agreed to accept as payment in full for covered services. 1.15 Dependent Enrollee — an Eligible Dependent enrolled to receive Benefits. 1.16 Effective Date — the original date the Contract starts, as shown in Attachment C. 1.17 Eligible Dependent — a dependent of an Eligible Employee eligible for Benefits under Article 2. 1.18 Eligible Employee — any employee or retiree eligible for Benefits under Article 2. 1.19 Enrollee — an Eligible Employee ( "Primary Enrollee ") or an Eligible Dependent ("Dependent Enrollee ") enrolled to receive Benefits". 1.20 Enrollee's Effective Date of Coverage — the date the Contractholder reports coverage will begin for each Primary Enrollee and each Dependent Enrollee. ENT -51 PPO -FL -C 3 17858 1.21 Maximum Contract Allowance — the reimbursement under the Enrollee's benefit plan against which Delta Dental calculates payment and the Enrollee's financial obligation. Subject to adjustment for extreme difficulty or unusual circumstances, the Maximum Contract Allowance for services provided: Low Plan • by a PPO Provider is the lesser of the Provider's Submitted Fee or the Delta Dental PPO Contracted Fee. • by a Premier Provider is the lesser of the Provider's Submitted Fee or the Delta Dental PPO Contracted Fee for a PPO Provider in the same geographic area. • by a Non -Delta Dental Provider is the lesser of the Provider's Submitted Fee or the Delta Dental PPO Contracted Fee for a PPO Provider in the same geographic area. High Plan • by a PPO Provider is the lesser of the Provider's Submitted Fee or the Delta Dental PPO Contracted Fee. • by a Premier Provider is the lesser of the Provider's Submitted Fee or the Delta Dental Premier Contracted Fee. • by a Non -Delta Dental Provider is the lesser of the Providers Submitted Fee or the Program Allowance. 1.22 Non -Delta Dental Provider -- a Provider who is not a PPO Provider or a Premier Provider and who is not contractually bound to abide by Delta Dental's administrative guidelines. 1.23 Open Enrollment Period -- the months of the year during which employees may change coverage for the next Contract Year. 1.24 Patient Pays — Enrollee's financial obligation for services calculated as the difference between the amount shown as the Accepted Fee and the portion shown as "Delta Dental Pays" on the claims statement when a claim is processed. 1.25 Pre - Treatment Estimate -- an estimation of the allowable Benefits under this Contract for the services proposed, assuming the person is an eligible Enrollee. 1.26 Premium -- the amounts payable by the Contractholder monthly as provided in Attachment C. 1.27 Primary Enrollee — an Eligible Employee enrolled in the plan to receive Benefits; may also be referred to as "Enrollee ". 1.28 Procedure Code — the Current Dental Terminology* (CDT) number assigned to a Single Procedure by the American Dental Association. 1.29 Program Allowance -- the amount determined for a set percentile level of all charges for such services by Providers with similar professional standing in the same geographical area. Program Allowances may differ based on the Provider's contracting status. 1.30 Provider — a person licensed to practice dentistry when and where services are performed. A Provider shall also include a dental partnership, dental professional corporation or dental clinic. 1.31 Qualifying Status Change — a change in: • marital status (marriage, divorce, legal separation, annulment or death); • number of dependents (a child's birth, adoption of a child, placement of child for adoption, addition of a step or foster child or death of a child); • employment status (change in employment status of Enrollee or Eligible Dependent); • dependent child ceases to satisfy eligibility requirements; • residence (Enrollee, dependent Spouse or child moves); • a court order requiring dependent coverage; or • any other current or future election changes permitted by Intemal Revenue Code Section 125. 1.32 Single Procedure -- a dental procedure that is assigned a separate Procedure Code. ENT -51 PPO -FL -C 4 17858 1.33 Spouse — a person related to or a partner of the Primary Enrollee: • as defined and as may be required to be treated as a Spouse by the laws of the state where this Contract is issued and delivered; • as defined and as may be required to be treated as a Spouse by the laws of the state where the Primary Enrollee resides; and • as may be recognized by the Contractholder. 1.34 Submitted Fee — the amount that the Provider bills and enters on a claim for a specific procedure. ARTICLE 2 - ELIGIBILITY AND ENROLLMENT 2.01 Reporting Delta Dental processes eligibility as reported by the Contractholder. On or before the Effective Date, Contractholder will furnish to Delta Dental, in writing or via electronic format as agreed by Delta Dental and the Contractholder, a listing of eligible Primary Enrollees and Dependent Enrollees. Electronic format may be file transmissions, Delta Dental's web tool or a combination of the two. The listing shall include but not be limited to the: • Primary Enrollees' and Dependent Enrollees': names, Enrollee ID numbers, Enrollee's Effective Date of Coverage, dates of birth, addresses and gender, • Dependent Enrollees' dependent status; and • Primary Enrollees' location, if applicable. The eligibility list shall include all Eligible Employees unless the Eligible Employee waives coverage or enrolls in an alternate dental plan offered by Contractholder. The eligibility list may also include retired employees. Thereafter, before the tenth day of each month, Contractholder must furnish to Delta Dental in the format agreed to above, a listing indicating specific additions, changes or terminations made during the prior month. An Enrollee remains enrolled until the Contractholder notifies Delta Dental of the termination. If the Primary Enrollee loses coverage or makes any change that affects an Enrollee's eligibility, Contractholder must promptly notify Delta Dental of such change. Contractholder will notify Delta Dental in writing or in electronic media of any requests for Premium adjustments for Enrollees who should have been terminated in the event Delta Dental was not previously notified of the termination(s). Retroactivity will be adjusted up to the immediately preceding three (3) months plus the current billing month. Delta Dental will not make any payment for services provided to an Enrollee who is not reported to Delta Dental as an Enrollee under this Contract when the service is provided. Also, Delta Dental may not pay Benefits for an Enrollee if Premiums are not paid for the month in which dental services are rendered. Delta Dental shall not be obligated to recover claims paid to a Provider as a result of Contractholders retroactive eligibility adjustments. The Contractholder agrees to reimburse Delta Dental for any erroneous claim payments made by Delta Dental as a result of incorrect eligibility reporting by the Contractholder. 2.02 Contractholder will permit Delta Dental to audit Contractholders records to confirm compliance with Articles 2 and 3. Delta Dental will give Contractholder written notice within a reasonable time before the audit date. 2.03 Eligible Employees An employee working a minimum of 25 hours per week becomes eligible on whichever is later, the Effective Date or on the 60 days from the date of hire. 2.04 Eligible Dependents • Dependents are the Primary Enrollee's Spouse and dependent children from birth to the end of the month of their 26th birthday. • Children include natural children, stepchildren, foster children, adopted children, children placed for adoption, custodial children, children for which the employee has been appointed legal guardian and newborn children, including a newborn child of a covered dependent child and children of a partner as recognized by the Contractholder. Children /students must be dependent upon the Primary Enrollee for support and maintenance. The dependents of Primary Enrollees are eligible to enroll on the same date that the employee, of whom they are a dependent, becomes a Primary Enrollee. Newborn children, including a newborn child of a covered dependent child or a newborn child where a written agreement to adopt has been entered into prior to birth, are eligible from the moment of birth. Adopted children, foster children and custodial children are eligible from the moment of placement in the Enrollee's residence. Notice of birth, adoption placement, foster home placement or other custodial placement of ......:..: ENT -51 PPO -FL -C 5 17858 a child with Enrollee must be received within 31 days of the birth or placement. If notice of birth or adoption is received within the 31 day notice period, no additional premiums are due during the notice period. If notice is received within 60 days of the birth or adoption placement instead of 31 days, coverage will be effective from the date of birth or placement, but the Enrollee must pay any additional Premium from the date of birth or placement. Eligibility for a newborn child of covered dependent child terminates 18 months after the birth of the newbom. Later - acquired dependents become eligible as soon as they acquire dependent status. An overage dependent child may be eligible if: 1) he/she is incapable of self- sustaining employment because of a physically or mentally disabling injury, illness or condition that began prior to reaching the limiting age; 2 he/she is chiefly dependent on the eligible employee for support; and 3; proof of dependent's disability is provided within 31 days of request. Such requests will not be made more than once a year following a two year period after this dependent reaches the limiting age. Enrollment will continue as long as the dependent relies on the eligible employee for support because of a physically or mentally disabling injury, illness or condition that began before he/she reached the limiting age. Dependents on active military duty are not eligible. 2.05 Enrollment of Eligible Employees and Eligible Dependents • If the Primary Enrollee must contribute any portion of the cost of coverage, then Eligible Employees must enroll to be covered under the plan. Enrollment must be within 31 days after first becoming eligible or during an Open Enrollment Period. Coverage cannot be dropped or changed other than during an Open Enrollment Period or because of a Qualifying Status Change. • If the Primary Enrollee is paying all or a portion of the cost for coverage for Dependent Enrollees in the manner elected by the Contractholder and approved by Delta Dental, then Eligible Dependents must be enrolled within 31 days after the date becoming eligible or during an Open Enrollment Period. If notice of a birth or adoption is received within the 31 day notice period, no additional premiums are due during the notice period. If notice is received within 60 days 0; cement, birth or adoption placement instead of 31 days, coverage will be effective from the date of birth or placement, but the Enrollee must pay any additional Premium from the date of birth or placement. Coverage may not be changed at any time other than during an Open Enrollment Period or if the;nden is a Qualifying Status Change. • All Eligible Dependents must be enrolled as Depende Enrollees if dependent coverage is elected. • A child who is eligible as a Primary Enrollee and a det can be insured under this Contract as a Primary Enrollee or a Dependent Enrollee but not botat the same time. 2.06 Except for an employee absent from work due to a leave of absence approved by the Contractholder or governed by the "Family & Medical Leave Act of 1993" (P.L. 103.3), an Enrollee will not be covered for any dental services received while a Primary Enrollee is on strike, lay-off or leave of absence. Contractholder must inform Delta Dental of any change in eligibility as required under section 2.01. Benefits for such Primary Enrollee and his/her Eligible Dependents will resume as follows: • If coverage is reactivated in the same Calendar Year, Deductibles and maximums will resume as if the Primary Enrollee were never gone. • If coverage is reactivated in a different Calendar Year, new Deductibles and maximums will apply. Coverage will resume the date the Primary Enrollee returns to work, provided the Contractholder submits the request to Delta Dental that coverage be reactivated. If an employee is rehired within the same Calendar Year, Deductibles and maximums will resume as if the Primary Enrollee was never gone. 2.07 A Primary Enrollee loses coverage on the day of termination of employment, when he /she is no longer an Eligible Member of the Contractholder or the day this Contract is terminated. Dependent Enrollees lose coverage along with the Primary Enrollee or the last day of the month when dependent status is lost. Termination of Benefits on Voluntary Loss of Eligibility Delta Dental will not pay for Benefits for any services received by a person who is not an Enrollee at the time of treatment except for covered dental services incurred when the person was covered if such procedure is completed within 90 days of the Enrollee's voluntary termination of coverage. A dental service is incurred as follows: • for an appliance (or change to an appliance), at the time the impression is made; • for a crown, bridge or cast restoration, at the time the tooth or teeth are prepared; • for root canal therapy, at the time the pulp chamber is opened; and • for all other dental services, at the time the service is performed or the supply furnished. ENT -51 PPO -FL -C 6 17858 2.08 Extension of Benefits In the case of services provided to an Enrollee at the termination of this Contract, an Extension of Benefits in the form of reimbursed expenses will apply if: • the dental services were recommended in writing and commenced while the policy was in effect by the Provider to the Enrollee while the person was covered by this Contract. • the dental services were for procedures other than routine examinations, prophylaxis, x -rays, sealants or orthodontic services. • the dental services were performed within 90 days after the Enrollee's coverage ceased under this Contract and the termination of coverage did not occur as a result of the Enrollee's, or, in the case of a dependent child, the child's parent's voluntary termination of coverage. The extension of benefits terminates upon the earlier of: • the 90-day period specified in the above third bullet item; or • the date the person becomes covered under a succeeding policy If coverage or services for the dental procedures referred to in the above first bullet item are excluded by the succeeding contract through the use of an elimination period, the person is not covered by the succeeding contract and the Extension of Benefits does not terminate. All contractual Limitations, Exclusions or reductions that would have applied to the specific dental services had the coverage on the person not terminated apply during the Extension of Benefits. 2.09 Continued Coverage Under USERRA As required under the Uniformed Services Employment and Reemployment Rights Act of 1994 ( USERRA), if a Primary Enrollee is covered by this Contract on the date his or her USERRA leave of absence begins, the Primary Enrollee may continue dental coverage for himself or herself and any covered dependents. Continuation of coverage under USERRA may not extend beyond the earlier of: 24 months beginning on the date the leave of absence begins or the date the Primary Enrollee fails to return to work within the time required by USERRA. For USERRA leave that extends beyond 31 days, the Premium for continuation of coverage will be the same as for COBRA coverage. 2.10 Continuation of Coverage Under COBRA When the Eligible Employees of a Contractholder are covered under COBRA (the Consolidated Omnibus Budget Reconciliation Act of 1985), then in consideration of the payments specified in Article 3, Delta Dental agrees to provide the Benefits to Enrollees who elect continued coverage pursuant to this section, provided: continuation of coverage is required to be offered under COBRA; the Enrollee requests the continuation within the time frame allowed; • the Contractholder notifies Delta Dental that the Enrollee has elected to continue coverage under COBRA; Delta Dental receives the required Premium for the continued coverage; and • this Contract stays in force. Delta Dental does not assume any of the obligations required by COBRA of the Contractholder or any employer (including the obligation to notify potential beneficiaries of their rights or options under COBRA). ARTICLE 3 — MONTHLY PREMIUMS 3.01 Contractholder will remit to Delta Dental or its Third Party Administrator the Premium in the amount and manner shown in Attachment C for all Primary Enrollees and Dependent Enrollees. Delta Dental will process eligibility as reported by the Contractholder. For enrollment additions, Contractholder will remit a full month's Premium for Enrollees whose coverage is effective on the first through the fifteenth calendar day of a month. Premiums are not due to Delta Dental for Enrollees who are enrolled on the sixteenth through the last day of a month. For enrollment terminations, Contractholder will remit a full month's Premium for Enrollees whose coverage is terminated on the sixteenth through the last calendar day of a respective month. Premiums are not due to Delta Dental for Enrollees whose enrollment is terminated on the first through the fifteenth day of a month. ENT -51 PPO -FL -C 7 17858 3.02 Contractholder will pay all Premiums, including the first month's Premium, to Delta Dental within 60 days following the first calendar day of the applicable month of coverage. This 60 day period includes a 30 day grace period. This Contract will continue in force during this period. However, if the Premium remains unpaid at the end of this period, Delta Dental may terminate this Contract in accordance with the notice requirements of section 6.01. 3.03 Delta Dental will not be responsible or liable for any incorrect, incomplete, obsolete or unreadable data or information supplied to Delta Dental including, but not limited to, eligibility and enrollment information. 3.04 Delta Dental may change the rate of monthly Premium whenever this Contract is amended as stated in section 3.05, or whenever the Contractholder requests a change in Benefits. Any change in Premium shall not go into effect during a Contract Term unless Contractholder and Delta Dental agree in writing, except as provided in section 3.05, 3.06. 3.05 Premiums are based on the number of covered employees at the beginning of each Contract Term. If the Contractholder reports a 15 percent addition or reduction in the number of covered Primary Enrollees for three (3) months in a row, Delta Dental may propose a choice of changes in Premiums or Benefits to remedy the increase in cost per person which may result from the difference in the number of enrolled employees. Within 45 days, Contractholder will select one of the choices by written notice to Delta Dental. If Contractholder fails to do so, Delta Dental may select one of the choices by written notice to Contractholder. This Contract will be modified for all dental services predetermined and paid after notice. 3.06 If during the Contract Tenn any new or increased tax is imposed on the amounts payable to Delta Dental under this Contract, the amount stated in Attachment C will be increase by the amount of any such new or increased taxes. ARTICLE 4 - CONDITIONS UNDER WHICH BENEFITS WILL BE PROVIDED 4.01 Delta Dental will pay Benefits for dental services described in Attachment B when provided by a Provider and when necessary and customary under generally accepted dental practice standards. Claims shall be processed in accordance with Delta Dental's standard processing policies. The processing policies may be revised from time to time; therefore, Delta Dental shall use the processing policies that are in effect at the time the claim is processed. Delta Dental may use dentists (dental consultants) to review treatment plans, diagnostic materials and /or prescribed treatments to determine generally accepted dental practices and to determine if treatment has a favorable prognosis. Limitations and exclusions will be applied for the period the person is an Enrollee under any Delta Dental program or prior dental care program provided by the Contractholder subject to receipt of such information from the Contractholder or at the time a claim is submitted. Additional waiting periods, if any, are shown in Attachment A. If an Enrollee receives dental services from a Provider outside the state of Florida, the Provider will be reimbursed according to Delta Dental's network payment provisions for said state according to the terms of this Contract. If a primary dental procedure includes component procedures that are performed at the same time as the primary procedure, the component procedures are considered to be part of the primary procedure for purposes of determining the benefit payable under this Contract. If the Provider bills separately for the primary procedure and each of its component parts, the total benefit payable for all related charges will be limited to the maximum benefit payable for the primary procedure. 4.02 Delta Dental's provision of Benefits is limited to the applicable portion of the Provider's fees or allowances specified in Attachment A. The Enrollee is responsible for paying the balance of any fees or allowances known as the "Enrollee Coinsurance ". Contractholder has chosen to require Enrollee Coinsurances under this program as a method of sharing the costs of providing dental Benefits between Contractholder and Enrollees. If the Provider discounts, waives or rebates any ortion of the Enrollee Coinsurance to the Enrollee, Delta Dental will be obligated to provide as Benefits only the applicable percentages of the Provider's fees or allowances reduced by the amount of such Enrollee Coinsurance fees or allowances that are discounted, waived or rebated. ENT -51 PPO -FL -C a 17858 4.03 Deductible As shown on Attachment A, Delta Dental will not pay Benefits for the Deductible amount of the Maximum Contract Allowance for services received each Calendar Year by an Enrollee. The annual maximum Deductible per family, if any, is shown in Attachment A. Only fees an Enrollee pays for covered services that are described in Attachment B will count toward the Deductible. 4.04 Maximum A maximum amount ( "Maximum Amount" or "Maximum') is the maximum dollar amount Delta Dental will pay toward the cost of dental care. Enrollees must satisfy costs above this amount. Delta Dental will pay the Maximum Amount(s), if applicable, shown in Attachments A for Benefits under this Contract. 4.05 Choice of a Provider Enrollees may choose a Provider from Delta Dental's panel of PPO and Premier Providers or Enrollees may choose a Non -Delta Dental Provider. A list of PPO and Premier Providers can be obtained at Delta Dental's website (deltadentalins.com). Providers are regularly added to or deleted from the list. Enrollees are responsible for verifying whether the selected Provider is a PPO Provider or a Premier Provider. Additionally, Enrollees should always confirm with the Provider's office that a listed Provider is still a participating PPO Provider or Premier Provider. Delta Dental does not guarantee that any particular Provider will be available. PPO Provider Selecting a PPO Provider potentially allows the greatest reduction in Enrollees' out -of- pocket expenses, since this select group of Providers will provide dental Benefits at a charge which has been contractually agreed upon. Premier Provider A Premier Provider has not agreed to the features of the PPO program; however, Enrollees may still receive dental care at a lower cost than if Enrollees use a Non -Delta Dental Provider. Non -Delta Dental Provider If a Provider is a Non -Delta Dental Provider, the amount charged to Enrollees may be above that accepted by the PPO Providers or Premier Providers. For a Non -Delta Dental Provider, the Accepted Fee is the Provider's Submitted Fee. Additional Obligations of Delta Dental Providers: • The PPO Provider or Premier Provider must accept assignment of Benefits, meaning these Providers will be paid directly by Delta Dental after satisfaction of the Deductible and Enrollee Coinsurance, and the Enrollee does not have to pay all the dental charges while at the dental office and then submit the claim for reimbursement. • The PPO Provider or Premier Provider will complete the dental Claim Form and submit it to Delta Dental for reimbursement. • The PPO Provider or Premier Provider will accept contracted fees as payment in full for covered services and will not balance bill if there is a difference between Submitted Fees and contracted fees. 4.06 Coordination of Benefits Delta Dental coordinates the Benefits under this Contract with an Enrollee's benefits under any other group or pre -paid plan or insurance policy designed to fully integrate with other policies. If this Contract is the . primary" plan, Delta Dental will not reduce Benefits. If this is the "secondary° plan, Delta Dental may reduce Benefits otherwise payable under this Contract so that the total benefits paid or provided by all plans do not exceed 100 percent of total allowable expense. Order of Benefit Determination Rules: The following rules determine which plan is the 'primary" plan: (1) The plan covering the Enrollee as an employee is primary over a plan covering the Enrollee as a dependent. (2) The plan covering the Enrollee as an employee is primary over a plan which covers the insured person as a dependent; except that: if the insured person is also a Medicare beneficiary, and as a result of the rule established by Title XVIII of the Social Security Act and implementing regulations, Medicare is: a) Secondary to the plan covering the insured person as a dependent and b) Primary to the plan covering the insured personas other than a dependent (e.g. a retired employee), then the benefits of the plan covering the insured person as a dependent are determined before those of the plan covering that insured person as other than a dependent. ENT -51 PPO -FL -C 9 17858 (3) Except as stated in paragraph (4), when this plan and another plan cover the same child as a dependent of different persons, called parents: a) The benefits of the plan of the parent whose birthday falls earlier in a year are determined before those of the plan of the parent whose birthday falls later in that year, but b) If both parents have the same birthday, the benefits of the plan which covered one parent . longer are determined before those of the plan which covered the other parent for a shorter period of time. C) However, if the other plan does not have the birthday rule described above, but instead has a rule based on the gender of the parent, and if, as a result, the plans do not agree on the order of benefits, the rule in the other plan will determine the order of benefits. (4) In the case of a dependent child of legally separated or divorced parents, the plan covering the Enrollee as a dependent of the parent with legal custody, or as a dependent of the custodial parent's Spouse (i.e. step- parent) will be primary over the plan covering the Enrollee as a dependent of the parent without legal custody. If there is a court decree which would otherwise establish financial responsibility for the health care expenses with respect to the child, the benefits of a plan which covers the child as a dependent of the parent with such financial responsibility will be determined before the benefits of any other policy which covers the child as a dependent child. (5) If the specific terms of a court decree state that the parents will share joint custody, without stating that one of the parents is responsible for the health care expenses of the child, the plans covering the child will follow the order of benefit determination rules outlined in paragraph (3). (6) The benefits of a plan which covers an insured person as an employee who is neither laid -off nor retired are determined before those of a plan which covers that insured person as a laid -off or retired employee. The same would hold true if an insured person is a dependent of a person covered as a retiree or an employee. If the other plan does not have this rule, and if, as a result, the plans do not agree on the order of benefits, this rule (6) is ignored. (7) If an insured person whose coverage is provided under a right of continuation pursuant to federal or state law also is covered under another plan, the following will be the order of benefit determination: a) First, the benefits of a plan covering the insured person as an employee or Primary Enrollee (or as that insured person s dependent); b) Second, the benefits under the continuation coverage. If the other plan does not have the rule described above, and if, as a result, the plans do not agree on the order of benefits, this rule is ignored. (8) If none of the above rules determine the order of benefits, the benefits of the plan which covered an employee longer are determined before those of the plan which covered that insured person for the shorter term. (9) When determination cannot be made in accordance with the above, the benefits of a plan that is a medical plan covering dental as a benefit shall be primary to a dental -only plan. 4.07 Clinical Examination Before approving a claim, Delta Dental may obtain, to such extent as may be lawful, from any Provider, or from hospitals in which a Provider's care is provided, such information and records relating to an Enrollee as Delta Dental may require to administer the claim. Delta Dental may also require that an Enrollee be examined by a dental consultant retained by Delta Dental at Delta Dental's expense in or near his/her community or residence. Such information and records will be kept confidential in accordance with all applicable laws and regulations. 4.08 Notice of Claim Forms Delta Dental will furnish to any Provider or Enrollee, on request, a Claim Form to make a claim for payment of Benefits. To make a claim, the Claim Form must be completed and signed by the Provider who performed the services and by the Enrollee (or the parent or guardian of a minor) and submitted to Delta Dental at the address shown thereon. If Delta Dental does not furnish the Claim Form within 15 days after requested by a Provider or Enrollee, the requirements for proof of loss set forth in section 4.10 of this Contract will be deemed to have been complied with upon the submission to Delta Dental within the time established in said section for filing proof of loss, of written proof covering the occurrence, the character and the extent of the loss for which claim is made. Enrollees and Providers may download a Claim Form from Delta Dental's website. 4.09 Pre- Treatment Estimate A Provider may file a Claim Form before treatment, showing the services to be provided to an Enrollee. Delta Dental will estimate the amount of Benefits payable under this Contract for the listed services. Benefits will be processed according to the terms of this Contract when the treatment is performed. Pre - Treatment Estimates are valid for 365 days unless other services are received after the date of the Pre - Treatment Estimate, or until an earlier occurrence of any one of the following events: the date this Contract terminates; ENT -51 PPO -FL -C 10 17858 the date Benefits under this Contract are amended if services in the Pre- Treatment Estimate are part of the amendment; the date the Enrollee's coverage ends; or a the date the Provider's agreement with Delta Dental ends. 4.10 Written Notice of Claim /Proof of Loss Delta Dental must be given a written notice of claim, sometimes referred to as a written proof of loss, within 12 months after the date of the loss and must include information regarding other group coverage if applicable. If it is not reasonably possible to give written proof in the time required, the claim will not be reduced or denied solely for this reason, provided proof is filed as soon as reasonably possible. In any event, proof of loss must be given no later than one (1) year from such time (unless the claimant was legally incapacitated). 4.11 Time of Payment Claims payable under this Contract for any loss other than for which this Contract provides any periodic payment will be processed (paid or denied): • within 45 days after receipt of due written proof of such loss. If additional information is requested to process the claim, Delta Dental will notify the Primary Enrollee and the Provider within 45 days of written proof of loss; and • within 60 days after the requested information is received for any disputed portion of the claim. Claims not processed (paid or denied) within 120 days of receipt are subject to a charge of 10 percent interest per annum. Subject to due written proof of loss, all accrued indemnities for loss for which the Contract provides periodic payment will be paid monthly. 4.12 Claims Appeal Delta Dental will notify the Enrollee and his/her Provider if Benefits are denied for services submitted on a Claim Form, in whole or in part, stating the reason(s) for denial. The Enrollee has at least 180 days after receiving a notice of denial to request an appeal or grievance by writing to Delta Dental giving reasons why they believe the denial was wrong. The Enrollee and his/her Provider may also ask Delta Dental to examine any additional information provided that may support the appeal or grievance. Send your appeal or grievance to Delta Dental at the address shown below: Delta Dental Insurance Company P.O. Box 1809 Alpharetta, GA 30023 Delta Dental will send the Enrollee a written acknowledgment within fifteen (15) days upon receipt of the appeal or grievance. Delta Dental will make a full and fair review and may ask for more documents during this review if needed. The review will take into account all comments, documents, records or other information, regardless of whether such information was submitted or considered initially. If the review is of a denial based in whole or in part on lack of dental necessity, experimental treatment or clinical judgment in applying the terms of this Contract, Delta Dental shall consult with a dentist who has appropriate training and experience. The review will be conducted for us by a person who is neither the individual who made the claim denial that is subject to the review, nor the subordinate of such individual. Delta Dental will send the Enrollee a decision within 30 days after receipt of the Enrollee's appeal or grievance. If the Enrollee believes he/she needs further review of their appeal or grievance, he/she may contact his/her state regulatory agency if applicable. If the group health plan is subject to the Employee Retirement Income Security Act of 1974 (ERISA), the Enrollee may contact the U.S. Department of Labor, Employee Benefits Security Administration (EBSA) for further review of the claim or if the Enrollee has questions about the rights under ERISA. The Enrollee may also bring a civil action under Section 502(a) of ERISA. The address of the U.S. Department of Labor is: U.S. Department of Labor, Employee Benefits Security Administration (EBSA), 200 Constitution Avenue, N.W. Washington, D.C. 20210. 4.13 To Whom Benefits Are Paid Payment for services provided by a PPO Provider or a Premier Provider will be made directly to the Provider. Any other payments provided by this Contract will be made to the Primary Enrollee unless the Primary Enrollee requests when filing proof of loss that the payment be made directly to the Provider pproviding the services. All Benefits not paid to the Provider will be payable to the Primary Enrollee, to his/her estate, or to an alternate recipient as directed by court order except that if the person is a minor or otherwise not competent to give a valid release, Benefits may be payable to his/her parent, guardian or other person actually supporting him/her. ......:..: ENT -51 PPO -FL -C 11 17858 4.14 No change in Benefits will become effective during a Contract Term unless Contractholder and Delta Dental agree in writing. ARTICLE 5 - GENERAL PROVISIONS 5.01 Entire Contract: Changes This Contract, including the attachments listed in Article 7, is the entire agreement between the parties. No agent has authority to change this Contract or waive any of its provisions. No change in this Contract will be valid unless approved by an executive officer of Delta Dental. 5.02 Severability If any part of this Contract or an amendment of it is found by a court or other authority to be illegal, void or not enforceable, all other portions of this Contract will remain in full force and effect. 5.03 Conformity with Prevailing Laws All legal questions about this Contract will be governed by the state of Florida where this Contract was entered into and is to be performed. Any part of this Contract which conflicts with the laws of Florida or federal law is hereby amended to conform to the minimum requirements of such laws. 5.04 Misstatements on Application; Effect In the absence of fraud or intentional misrepresentation of material fact in applying for or procuring coverage under the terms of this Contract, all statements made by the Contractholder will be deemed representations and not warranties. No such statement will be used in defense to a claim under this Contract, unless it is contained in a written instrument signed by the Contractholder, a copy of which has been furnished to such Contractholder. 5.05 Legal Actions No action at law or in equity will be brought to recover on this Contract before 60 days after written proof of loss has been filed in accordance with requirements of this Contract. No such action may be brought after the expiration of the applicable statute of limitations from the time written proof of loss is required to be given. 5.06 Not in Lieu of Workers' Compensation This Contract is not in lieu of and does not affect any requirements for coverage by workers' compensation insurance. 5.07 Certificate of Insurance Delta Dental will issue to the Contractholder an electronic file containing a certificate/Evidence of Coverage booklet summarizing the Benefits to which Enrollees are entitled and to whom Benefits are payable. Each Primary Enrollee will have electronic access to the certificate. Delta Dental will also furnish a hard copy to a Primary Enrollee or the Contractholder upon request. The certificate is not assignable and the Benefits are not assignable prior to a claim. If any amendment to this Contract will materially affect any Benefits described in the certificate, new certificates or amendments showing the change will be issued. 5.08 Publications About Program Contractholder and Delta Dental agree to consult as is reasonably practical on all material published or distributed about this Contract. No material will be published or distributed which conflicts with the terms of this Contract. 5.09 Provider Relationships Contractholder and Delta Dental agree to permit and encourage the professional relationship between Provider and Enrollee to be maintained without interference. Any PPO, Premier or Non -Delta Dental Provider, including any Provider or employee associated with or employed by them, who provides dental services to Enrollees does so as an independent contractor and shall be solely responsible for dental advice and for performance of dental services, or lack thereof, to the Enrollee. 5.10 Notice; Where Directed All formal notices under this Contract must be in writing and sent by email, facsimile (fax), first -class United States mail, overnight delivery service or personal delivery. Notice by United States mail will be effective 48 hours after mailing with fully pre -paid postage. Contractholder shall designate in writing on the application a representative for purposes of receiving notices from Delta Dental under this Contract. Contractholder may change its representative at any time with 30 days written notice to Delta Dental. The Contractholder's representative shall disseminate notices to the Enrollees within 30 days of receipt. ENT -51 PPO -FL -C 12 17858 5.11 Indemnification Contractholder will indemnify, defend and hold harmless Delta Dental, its directors, officers, employees, agents and affiliated companies against any and all claims, demands, liabilities, costs, damages and causes of action or administrative proceedings whatsoever, including reasonable attorney's fees, arising from Contractholder's negligent performance or non - performance of its obligations under this Agreement. Delta Dental will indemnify, defend and hold harmless Contractholder and its employees and agents, against any and all claims, demands, liabilities, costs, damages and causes of action or administrative proceedings whatsoever, including reasonable attorney's fees, arising from Delta Dental's negligent performance or non - performance of its obligations under this Agreement. 5.12 Time Limit on Certain Defenses After this Contract has been in force for two (2) years from the Effective Date, no statement made by the Contractholder will be used to void this Contract. No statement by an Enrollee with respect to the Enrollee's insurability, will be used to reduce or deny a claim or contest the validity of insurance for such Enrollee after that person's coverage has been in effect two (2) years or more during his or her lifetime. 5.13 Compliance with Administrative Simplification, Security and Privacy Regulations Contractholder and Delta Dental shall comply in all respects with applicable federal, state and local laws and regulations relating to administrative simplification, security and privacy of individually identifiable Enrollee information including executing a Business Associate Addendum as required by Health Insurance Portability and Accountability Act of 1996 ( "HIPAA "). The Contractholder and Delta Dental agree that this Contract shall incorporate terms as necessary and as applicable to execute the required agreements (i.e. business associate agreement) to comply with federal regulations issued under the HIPAA, HITECH Act or to comply with any other enacted administrative simplifications, security or privacy laws or regulations. 5.14 Impossibility of Performance Neither party shall be liable to the other or be deemed to be in breach of this Contract for any failure or delay in performance arising out of causes beyond its reasonable control. Such causes are strictly limited to include acts of God or of a public enemy, explosion, fires, or unusually severe weather. Dates and times of performance shall be extended to the extent of the delays excused by this paragraph, provided that the party whose performance is affected notifies the other promptly of the existence and nature of the delay. 5.15 Third Party Administrator ( "TPA ") Delta Dental may use the services of a TPA, duly registered under applicable state law, to provide services under this Contract. Any TPA providing such services or receiving such information shall enter into a separate Business Associate Agreement with Delta Dental providing that the TPA shall meet HIPAA and HITECH requirements for the preservation of protected health information of Enrollees. 5.16 Holding Company Delta Dental is a member of the Insurance Holding Company System of Delta Dental of California (the "Enterprise "). There are service agreements between and among the controlled member companies of the Enterprise. Delta Dental is a party to some of these service agreements, and it is expected that the services, which include certain ministerial tasks, will continue to be performed by these controlled member companies, which operate under strict confidentiality and/or business associate agreements. All such service agreements have been approved by the respective regulatory agencies. 5.17 Mutual Confidentiality Contractholder and Delta Dental agree to maintain confidential information using the same degree of care (which shall be no less than reasonable care) as each uses to protect its own confidential information of a similar nature and to use confidential information only for specified purposes. Confidential information includes any information which the owner deems confidential, whether marked as confidential or otherwise clearly identifiable as confidential and includes information not generally known by the public or by parties which are competitive with or otherwise in an industry, trade or business similar to the owner of the confidential information. The recipient of confidential information shall notify the owner of any unauthorized disclosure or breach of confidentiality as soon as possible after discovery and without unreasonable delay. 5.18 Trademarks; Service Marks Unless specifically allowed in this Contract, neither party shall use the name, trademarks, service marks or other proprietary branding of the other party without the advance written approval of the other party. 5.19 Automated Information Line Contractholder and Enrollees may access Delta Dental's automated information line at 800- 521 -2651 on a regular business day to obtain Enrollee eligibility and Benefits, group Benefit or claim status information or to speak to a Customer Service Representative for assistance, including resolution of complaints. ENT -51 PPO -FL -C 13 17858 5.20 New Enrollees New eligible Enrollees may be added in accordance with the terms of this Contract under section 2.05. ARTICLE 6 - TERMINATION AND RENEWAL 6.01 This Contract may be terminated only as follows: • By Contractholder upon 30 days written notice at any time. • By Delta Dental, (1) upon 60 days written notice if Contractholder fails to fumish Delta Dental a list of all Enrollees as required under section 2.01; or (2) upon 60 days written notice if Contractholder fails to permit Delta Dental to inspect Contractholder's records as called for under section 2.02; or (3) upon 31 days written notice if Contractholder fails to pay Premiums, in the amount and manner required by Article 3. • By Delta Dental, upon 60 days advance written notice if the Contractholder reports fewer than the Minimum Number of Primary Enrollees shown in Attachment C for three (3) consecutive months. • By Delta Dental at the end of a Contract Terre upon 60 days written notice. 6.02 If this Contract is terminated under 6.01, Contractholder will owe Delta Dental unpaid Premiums due before this Contract was terminated. 6.03 Delta Dental will not be required to do Pre - Treatment Estimates if this Contract is terminated for any cause nor will Delta Dental be required to pay for services performed beyond the termination date except for completion of Single Procedures commenced while this Contract was in effect as stated in Section 2.08. 6.04 Delta Dental will provide 120 days advance written renewal notice prior to the end of the initial or any subsequent Contract Terms indicating if Premiums and/or Benefits will remain the same or change. 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