Professional Services Agreement - New Avenues Inc - Employee Assistance Program Annual Renewal

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City or South Bend EAP Contract Page 10 Prepared on November 14, 2017, Amended January 17, 2018 •,• When there is suspicion of abuse or neglect of a child, elderly or disabled person. New Avenues has policies and procedures that, to the greatest extent possible, conform to the privacy and security requirements of the Health Insurance Portability and Accountability Act of 1996, as amended ("HIPAA"). In addition, treating Providers may be subject to the privacy and security requirements of HIPAA. As a result, your access to information about our clients is substantially limited. A client's participation in the EAP is confidential; the employer will not receive the client's name or any information that would identify the client unless the client gives written consent. Each client will be asked to sign a New Avenues' EAP "Statement of Understanding" which will explain our privacy policy. Since maintaining confidentiality, a professional responsibility of New Avenues, is the basis for employees' trust and future use of our services, and since utilization of this program is in the Company's best interest, we will only supply you with client names when we have a signed "Authorization and Consent to Release Information" form. Without such a release our policy states there will be no disclosures, except as required by law. X. Limitation of Liability New Avenues shall defend, indemnify, and hold harmless the Company, its officers, agents and employees against all damages, claims or liabilities, and expenses (including attorney's fees) arising out of or resulting in any way from New Avenues' performance of services under this contract (subject to the limitations set forth in the various sections of this contract) or from any act or omission of New Avenues or its employees. This indemnification shall not apply to any damages, claims, liabilities or expenses resulting from any negligent, reckless or intentional act or omission of the Company, to the extent such act or omission is responsible for damages, claims, liabilities or expenses incurred. XL Utilization Rate We are basing the payment of this contract on the anticipated annual utilization rate of employees and their eligible family members using the Employee Assistance Program agreed upon in Exhibit A. (Refer to the Addendum: Definition of Eligibility). For purposes of computing the utilization rate: 1. An employee and eligible family member(s) who use the service will only be counted once in a contracted 12-month period. 2. With very few exceptions, at least one face-to-face visit will have occurred for the employee's contact to count in the utilization rate. New Avenues