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HomeMy WebLinkAboutRes 11-05 04/06/2005 vwl 3/10105 RESOLUTION NO. 11-05 A RESOLUTION AUTHORIZING AMENDMENTS TO THE MOUNT PROSPECT FLEXIBLE COMPENSATION PLAN WHEREAS, pursuant to provisions of the Internal Revenue Code, there was submitted to the Mayor and Board of Trustees of the Village of Mount Prospect (hereinafter referred to as "the Village') a certain plan entitled "Village of Mount Prospect Flexible Compensation Plan" to provide for payment of specific expenses of Village employees for the Medical Plan of the Village of Mount Prospect; and WHEREAS, the Mayor and Board of Trustees did approve Resolution No. 39-85 authorizing said "Village of Mount Prospect Flexible Compensation Plan" (hereinafter referred to as "the Flex Comp Plan') for employees of the Village; and WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect have determined that it is in the best interest of the Village to amend the Flex Comp Plan, which amendments would create compliance with the Internal Revenue Service Code and the Health Insurance Portability and Accountability Act. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the Village of Mount Prospect Flexible Compensation Plan is hereby amended to define "dependent" to comply with the I nternal Revenue Service Code as amended, to include privacy regulations and procedures to comply with the Health Insurance Portability and Accountability Act (HIPAA), and to define "eligible medical or dental expenses" to exclude the purchase of, or participation of, items considered for general health. SECTION TWO: That the Mayor and Village Clerk are hereby authorized to execute "The Village of Mount Prospect Flexible Compensation Plan" as amended and attached hereto as Exhibit "A", which shall be effective as of April 6, 2005. Amend Flex Comp Page 2/2 SECTION THREE: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: Corcoran, Lohrstorfer, Skowron, Wilks, Zadel NAYS: None ABSENT: Farley PASSED and APPROVED this 6th day of April, 2005. ATTEST: V 81 r!J:¿! Village Clerk ¥~ H:ICLKOIfilesIWINIRESIFLEX CaMP amendments,Apr 2005.doc ~_.-, /,. VILLAGE OF MOUNT PROSPECT FLEXIBLE COMPENSATION PLAN AMENDMENTS APRIL, 2005 At a meeting held on the 6th day of April, 2005, at which a quorum was present, the Board of the Village of Mount Prospect (the "Board") adopted the following amendments to the Flexible Compensation Plan: RECITALS 1. The Village of Mount Prospect (the "Village") has established, and maintains, the Village of Mount Prospect Flexible Compensation Plan (the "Plan"). 2. The Plan defines the term "Dependent" by reference to section 152 of the Internal Revenue Code (the "Code"). The Working Families Tax Relief Act of 2004 (the "WFTRA") modified the definition of the term "dependent" under Code section 152 (and related statutory provisions) effective January 1, 2005. 3. 4. The Village must amend the Plan to reflect the modifications made to the definition of "dependent" under the WFTRA. 5. In addition, the Village's Business Office is concerned that employees are using amounts set aside in their Health Reimbursement Accounts under the Plan to purchase exercise equipment and health club memberships by obtaining physician prescriptions that may, or may not, be legitimate. 6. The application of Health Reimbursement Account balances to expenses that are not legitimate medical expenses could jeopardize the tax status of the Plan. 7. To minimize the risk the Plan's tax status could be jeopardized by the improper reimbursement of expenses associated with exercise equipment, health club memberships, or equipment or services simply intended to promote general health, the Board has determined it is in the Village's best interest to amend the Plan to exclude coverage of those items. 8. The Health Insurance Portability and Account Act of 1996 ("HIPAA") and the regulations under HIPAA require that the Plan limit the use and disclosure of protected health information ("PHI") and protect the confidentiality of PHI in the Plan's possession. 9. The Board has determined that it is in the best interest of the Village to amend the Plan to clarify the application of HIPAA to the Plan. Flex-Comp, Page 2/6 AMENDMENTS 1. Effective January 1, 2005, Section 1.2 of the Plan is revised in its entirety to read as follows: Dependent. With regard to "Eligible Medical or Dental Expenses," the term "Dependent" means any individual who is a dependent of the Participant, as defined in Code section 152 (as modified by Code section 1 05(b)), as amended. 1.2 With regard to "Dependent Care Expenses," the term "Dependent" means any individual who is: (a) (b) A dependent of the Participant who is under the age of 13 and with respect to whom the Participant is entitled to an exemption under Code section 152(a)(1); or, A dependent (as defined in Code section 152) or spouse of the Participant who is physically or mentally incapable of caring for himself/herself. If a Participant is divorced and the Participant has a child described in (a) or (b) above, the rules of Code section 21 (e)(5) (with respect to custody of the child) shall apply for purposes of determining the child's status as a Dependent. 2. Effective January 1, 2005, Section 1.8 of the Plan is amended in its entirety to read as follows: 1.8 Eliqible Medical or Dental Expenses. Except as otherwise provided in this Section 1.8, the phrase "Eligible Medical or Dental Expenses" means any expense for "medical care" as defined in Code section 213(d), as amended. The term "Eligible Medical or Dental Expenses" does not include premium payments for long- term care insurance coverage or for health plan coverage, such as premiums paid for health coverage under a plan maintained by an employer of the Participant's Spouse or Dependents. The term "Eligible Medical and Dental Expenses" does not include expenses incurred for long-term care services as defined in Code section 7702B(c). - 2 - Flex-Comp, Page 3/6 3. The term "Eligible Medical or Dental Expenses" does not include the following (regardless of whether the Participant has a physician's prescription): (a) (b) The cost to join or utilize a health, athletic or similar club; The cost of any weight loss or similar program; (c) The cost to purchase or rent supplies or equipment that (i) promote general health or (ii) are of common household use, such as (by way of example and not limitation): . Exercise equipment; . Air purifiers; . Central or unit air conditioners; . Water purifiers; . Allergenic pillows or mattresses; or . Waterbeds. The Village amends the Plan by adding new Section 4.6 to read as follows: 4.6 Use and Disclosure of Protected Health. Information. The provisions of this Section shall be effective April 14, 2004. (a) Compliance With HIPAA. The Health Reimbursement Account plan (the "HRA Plan") will use protected health information ("PHI") to the extent of and in accordance with the uses and disclosures permitted by the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). PHI is individually identifiable health information that is transmitted or maintained in any form or medium - electronic, oral or written. Health information means any information that is created or received by the HRA Plan that relates to: 1) the past, present or future physical or mental health or condition of an individual, 2) the provision of health care to an individual, or 3) the past, present or future payment for the provision of health care to an individual. Specifically, the HRA Plan will use and disclose PHI for purposes related to health care treatment, payment and health care operations. - 3- Flex-Comp,4/6 (c) Payment includes activities undertaken by the HRA Plan to obtain premiums or determine or fulfill its responsibility for coverage and provision of plan benefits that relate to an individual to whom health care is provided. These activities include, but are not limited to, the following: . determination of eligibility and coverage; adjudication of health benefit claims (including appeals and other payment disputes); and billing, collection activities and related health care data processing. . . (b) Use and Disclosure of PHI As Permitted by Authorization of the Participant or Beneficiary. With an authorization, the HRA Plan will disclose PHI to the Employer for purposes that may include, but are not limited to: 1) drug testing or fitness for duty examinations, 2) requests for leave under the federal or state Family and Medical Leave Act, 3) short term disability claims, 4) long term disability claims, 5) workers' compensation claims, and 6) requests for accommodations under the Americans with Disability Act. Permitted Disclosures to Employer. The HRA Plan will disclose PHI to the Employer only upon receipt of a certification from the Employer that the plan documents have been amended to incorporate the following provisions and the Employer agrees to the following. The Employer shall: . Not use or further disclose PHI other than as permitted or required by the HRA Plan document or as required by law; Ensure that any agents, including a subcontractor, to whom the Employer provides PHI received from the HRA Plan agree to the same restrictions and conditions that apply to the Employer with respect to such PHI; Not use or disclose PHI for employment-related actions and decisions unless authorized by an individual; Not use or disclose PHI in connection with any other benefit or employee benefit plan of the Employer unless authorized by an individual; . . . - 4 - Flex-Comp, Page 5/6 (d) (e) . Report to the HRA Plan any PHI use or disclosure that is inconsistent with the uses or disclosures provided for of which it becomes aware; Make PHI available to an individual in accordance with HIPAA's access requirements; Make PHI available for amendment and incorporate any amendments to PHI in accordance with HIPAA; Make available the information required to provide an accounting of disclosures; Make internal practices, books and records relating to the use and disclosure of PHI received from the HRA Plan available to the HHS Secretary for the purposes of determining the HRA Plan's compliance with HIPAA; and If feasible, return or destroy all PHI received from the HRA Plan that the Employer still maintains in any form, and retain no copies of such PHI when no longer needed for the purpose for which disclosure was made (or if return or destruction is not feasible, limit further uses and disclosures to those purposes that make the return or destruction infeasible ). . . . . . Separation Between HRA Plan and Employer. In accordance with HIPAA, only the following employees or classes of employees may be given access to PHI: . The Human Resources Director; The Village Manager; The Assistant Village Manager; The Payroll and Accounts Payable Clerk; and Staff designated by the Human Resources Director. . . . . Limitations of PHI Access and Disclosure. The persons described above may only have access to and use and disclose PHI for plan administration functions that the Employer performs for the HRA Plan. Noncompliance Issues. If the persons who have access to PHI do not comply with this HRA Plan document, the Employer shall provide a mechanism for resolving issues of noncompliance, including disciplinary sanctions. - 5 - Flex-Comp, Page 6/6 4. The following actions taken by Management, effective April 14, 2004, with the intent to comply with the requirements of HIPAA are ratified: (a) The Village's Human Resources Director has been appointed as the Privacy Official for the Plan. (b) The Village has adopted Privacy Policies and Procedures that are intended to comply with HIPAA. 5. The Village Manager is authorized and directed to take any and all action that he/she deems necessary or appropriate to affect the foregoing amendments and to execute a revised Plan document incorporating the changes approved above. fLM. ATTEST: Vel~'¿9f[~ C:IDocumeritf"âhiSettingslkdewisILocal SeflingslTemporary Internet FileslOLK2\Flex Camp Modifications 2005Attachments1.DOC - 6 -