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HomeMy WebLinkAboutC20-065 CignaSTOP LOSS CONFIDENTIALITY AGREEMENT THIS AGREEMENT, effective as of January 1, 2020 is between Cigna Health and Life Insurance Company (“Cigna”) and Eagle County Government (“Employer”). WHEREAS, Cigna furnishes claim administration services to Employer with respect to Employer's self-funded employee benefit plan (the "Plan") under the terms of an Administrative Service Only Agreement (“ASO Agreement”); and WHEREAS, Employer has requested that Cigna periodically furnish via electronic means, its standard third party stop loss reporting package (the "Confidential Information") to Reliastar Life Insurance Company (Hereinafter “Stop Loss Carrier”), related to claims paid by the Plan; and WHEREAS, Cigna is willing to make the Confidential Information available to Stop Loss Carrier in accordance with the request of Employer, conditioned upon: (1) Employer’s provision of proper assurances, including assurances of protection against claims or liability arising out of Cigna release of the Confidential Information to Stop Loss Carrier; and (2) Stop Loss Carrier also executing a Confidentiality Agreement with Cigna. NOW, THEREFORE, in light of the foregoing and in partial consideration to Cigna for providing the Confidential Information, Cigna and Employer agree as follows: 1.The recitals are hereby incorporated into the agreement by this reference. 2.Cigna agrees to release the Confidential Information to Stop Loss Carrier as requested by Employer. Consistent with the Employer’s ASO Agreement, the release of Confidential Information shall be limited to what is contained in Cigna's standard third party reporting package and will not include clinical notes, case management notes or prognosis information. Cigna makes no warranty, express or implied, with regard to the content of the Confidential Information provided hereunder and does not guarantee its accuracy or completeness. Absent gross negligence on the part of Cigna in preparing the Confidential Information, Cigna will not be liable for any damages arising directly or indirectly from the use of (or failure to use), reliance upon or provision of Confidential Information even if Cigna has been advised that such damages may arise. 3.Employer agrees that all Confidential Information regarding persons covered under the Plan and obtained from Cigna shall be used or disclosed only: (i) for purposes of making eligibility and payment determinations under the Stop Loss Policy; (ii) as may otherwise be necessary in connection with administering the Stop Loss Policy; or (iii) as required by law. 4.Employer agrees to cause Stop Loss Carrier to take all necessary precautions to ensure that all Confidential Information regarding persons covered under the Plan and obtained from Cigna is disclosed only to those persons who need to know such information for a purpose described in paragraph 3 above. 5.Employer agrees that Cigna is not responsible for reviewing, monitoring, or complying with any disclosure or underwriting requirements which may be part of or related to the Stop Loss coverage agreement between Employer and Stop Loss Carrier. Employer is solely responsible for ensuring that all underwriting and other coverage requirements are performed. DocuSign Envelope ID: 4FC47E95-892E-4413-8955-735E8B01E2AF C20-065 6.To the extent permitted by law, Employer agrees to indemnify and hold Cigna, its affiliates and their directors, officers and employees harmless from and against any and all claims, suits, expenses (including reasonable attorneys' fees and court costs), liabilities or damages (whether resulting from settlement, judgment, arbitration or otherwise) arising directly or indirectly from: (i) Cigna’s provision of the Confidential Information to Stop Loss Carrier, their officers, directors or employees; (ii) the use of the Confidential Information by the Stop Loss Carrier, their officers, directors or employees; or (iii) Cigna's declination to provide additional information requested by Stop Loss Carrier. This provision shall not apply to the extent that such claims, suits, expenses (including reasonable attorneys' fees and court costs), liabilities or damages (whether resulting from settlement, judgment, arbitration or otherwise) arise directly from Cigna sending the Confidential Information to an unauthorized party. 7.In the event litigation is instituted against Cigna concerning any matter under this Agreement, each party shall have sole authority to select legal counsel of its choice. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed in duplicate by their duly authorized officers. Dated at________________________ EAGLE COUNTY GOVERNMENT COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ______________________________ Kathy Chandler-Henry This ________________________. Attest: ____________________________ By: Clerk to the Board of County Commissioners Chair Dated at Bloomfield, Connecticut CIGNA HEALTH AND LIFE INSURANCE COMPANY This _____________________ By _________________________ Bill Heller Its Duly Authorized DocuSign Envelope ID: 4FC47E95-892E-4413-8955-735E8B01E2AF 2/3/2020 2/18/2020 2/18/2020