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Standard Point of Service Medical and Prescription Drug Option Summary Plan Description of the Standard Point of Service Medical and Prescription Drug Option for the City of Miami Beach Group Health Plan Effective October 1, 2015 through September 30, 2016 SF-City of Miami Beach-Standard POS-SPD-2015 SF-3662(10/15) TABLE OF CONTENTS SERVICE AREAS iii I. INTRODUCTION 1 II. DEFINITIONS 2 III. ELIGIBILITY 10 IV. ENROLLMENT 12 V. EFFECTIVE DATE OF COVERAGE 14 VI. MONTHLY PAYMENTS AND COPAYMENTS 14 VII. TERMINATION OF PARTICIPATION 15 VIII. SCHEDULE OF BASIC BENEFITS 19 IX. LIMITATIONS OF BASIC BENEFITS 34 X. EXCLUSIONS FROM BASIC BENEFITS 36 XI. COORDINATION OF BENEFITS 41 XII. SUBROGATION AND RIGHT OF RECOVERY 43 XIII. DISCLAIMER OF LIABILITY 44 XIV. REVIEW PROCEDURE 45 XV. MISCELLANEOUS 50 SUMMARY PLAN DESCRIPTION INFORMATION 52 ii SF-City of Miami Beach-Standard POS-SPD-2015 SF-3662(10/15) AVMED CORPORATE OFFICE 9400 S.DADELAND BLVD. MIAMI,FL 33156-9004 AVMED MEMBER SERVICES-ALL AREAS 1-800-88 AVMED (1-800-882-8633) CITY OF MIAMI BEACH DEDICATED TELEPHONE LINE: 1-877-535-1397 SERVICE AREAS MIAMI GAINESVILLE JACKSONVILLE 9400 South Dadeland Boulevard 4300 Northwest 89th Boulevard 1300 Riverplace Boulevard Miami,Florida 33156-9004 Post Office Box 749 Suite 640 (305)671-5437 Gainesville,Florida 32606-0749 Jacksonville,Florida 32207 (800)432-6676 (352)372-8400 (904)858-1300 Miami-Dade (800)346-0231 (800)227-4184 Alachua Baker Bradford Clay Citrus Duval FT.LAUDERDALE Columbia Nassau 13450 West Sunrise Boulevard Dixie St.Johns Suite 370 Gilchrist Sunrise,Florida 33323-2947 Hamilton (954)462-2520 Levy (800)368-9189 Marion TAMPA BAY/SOUTHWEST Broward Suwannee FLORIDA Palm Beach Union 1511 North Westshore Boulevard Suite 450 Tampa,Florida 33607 (813)281-5650 ORLANDO (800)257-2273 1800 Pembrook Drive Hernando Suite 190 Hillsboro Orlando,Florida 32810 Lee (407)539-0007 Pasco (800)227-4848 Pinellas Lake Polk Orange Sarasota Osceola Seminole SF-City of Miami Beach-Standard POS-SPD-2015 SF-3662(10/15) I. INTRODUCTION Your employer has contracted with AvMed, Inc. (hereinafter 'AvMed') to arrange for the provision of Medical Services or benefits which are Medically Necessary for the diagnosis and treatment of Participants through a network of contracted independent physicians and Hospitals and other health care providers, known as the AvMed Point of Service Plan. The AvMed Point of Service Plan provides Participants with several choices for the provision of health care services. A Participant's choice of providers and where they receive services will determine the level of benefits they receive. Under this Plan, a Participant may choose to receive services from the AvMed Participating Provider Network (high Benefit Level), or any Out-of-Network Provider(low Benefit Level). With the AvMed Point of Service Plan, a Participant is not required to select a Primary Care Physician nor are referrals to specialists required. However,prior authorization from AvMed is required for some services (See Section VIII(SCHEDULE OF BASIC BENEFITS). AvMed, in arranging for the delivery of Medical Services or benefits, does not directly provide these Medical Services or benefits. AvMed arranges for the provision of said services in accordance with the covenants and Conditions contained in this Summary Plan Description.AvMed will rely upon the statements of the Participant in his application in providing coverage and benefits hereunder. You Must Enroll to Receive Benefits! You must affirmatively enroll to receive benefits under the Plan, as explained in Section III (ELIGIBILITY). If you do not take the actions outlined in Section III to affirmatively enroll to receive benefits,you will not be entitled to any benefits of any kind under this Plan. This document is a Summary Plan Description (SPD) of the medical benefits provided to you by the City of Miami Beach (the Employer) under the City of Miami Beach Group Health Plan (hereinafter, the `Plan'). This SPD is made available for your reference and is subject to various legal requirements, including the requirements of the Health Insurance Portability and Accountability Act of 1996(HIPAA). Unless otherwise noted in this document, if the terms of this document and the terms of the Plan conflict, the Plan document shall control. The Employer may designate any other third-party administrators or Claims administrators to carry out certain Plan duties and responsibilities. The Employer is responsible for formulating and carrying out all rules and procedures necessary to administer the Plan. The Employer, as Plan Sponsor, has the discretionary authority to (1) make decisions regarding the interpretation or application of Plan provisions (2) determine the rights, eligibility, and benefits of Participants and beneficiaries under the Plan, and (3)review Claims under the Plan. The Employer may delegate to a third party any or all such discretionary authority described above. Benefits under the Plan will be paid only if the Employer, as Plan Sponsor, or its designee or delegate decides in its discretion that the applicant is entitled to them. The Plan may be amended at any time. Such amendments, for example, may (1) increase or otherwise change the cost to you for coverage, (2) change the type of benefits provided under the Plan, the conditions of participation and any other terms of the Plan, (3) require additional contributions from Participants, or (4) terminate the Plan in whole or in part at any time. Plan provisions will be administered in accordance with any appropriate collective bargaining agreement. The Plan is not intended to and does not cover or provide any Medical Services or benefits that are not Medically Necessary for the diagnosis and treatment of the Participant. The determination as to which services are Medically Necessary shall be made by the Plan subject to the terms and conditions of the Plan. Claims for benefits are to be sent to AvMed. Notwithstanding any references for definitional purposes to the contrary,this Plan is not an HMO product and is not subject to Chapter 641 of the Florida Statutes, nor is a Participant of the Plan afforded any individual rights under Chapter 641 of the Florida Statutes. Premiums for employees and their families are paid in part by the Employer as Plan Sponsor out of its general assets, and in part by employees' after-tax / before tax payroll deductions. 1 SF-City of Miami Beach-Standard POS-SPD-2015 SF-3662(10/15) The Medical and Hospital Services covered by the Plan shall be provided without regard to the race, color, religion,physical handicap,or national origin of the Participant in the diagnosis and treatment of patients; in the use of equipment and other facilities; or in the assignment of personnel to provide services, pursuant to the provisions of Title VI of the Civil Rights Act of 1964, as amended, and the Americans with Disabilities Act of 1990. H. DEFINITIONS For further definitions, go to www.healthcare.gov/glossary to review the glossary provided as a result of the Affordable Care Act. As used in this SPD,each of the following terms shall have the meaning indicated: 2.01 Accidental Dental Injury means an injury to Sound Natural Teeth caused by a sudden, unintentional, and unexpected event or force. This term does not include injuries to the mouth, structures within the oral cavity,or injuries to natural teeth caused by biting or chewing,surgery,or treatment for a disease or illness. 2.02 Adverse Benefit Determination means a denial,reduction, or termination of, or a failure to provide or make payment (in whole or in part),for a benefit, including any such denial, reduction, termination, or failure to provide or make payment that is based on a determination of a Participant's eligibility to participate in the Plan, and including a denial, reduction, or termination of, or a failure to provide or make payment (in whole or in part), for a benefit resulting from the application of any Utilization Management Program, as well as a failure to cover an item or service for which benefits are otherwise provided because it is determined to be Experimental and/or Investigational or not Medically Necessary; and including a cancellation or discontinuance of coverage that has retroactive effect,unless attributable to a failure to timely pay required premiums or contributions toward the cost of coverage. 2.03 Applied Behavior Analysis means the design, implementation, and evaluation of environmental modifications, using behavioral stimuli and consequences, to produce socially significant improvement in human behavior, including, but not limited to, the use of direct observation, measurement, and functional analysis of the relations between environment and behavior. Applied Behavior Analysis services shall be provided by an individual certified pursuant to Section 393.17, Florida Statutes, or an individual licensed under Chapter 490 or Chapter 491,Florida Statutes. 2.04 Attending Physician means the physician primarily responsible for the care of a Participant with respect to any particular injury or illness. 2.05 Autism Spectrum Disorder means any of the following disorders as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association: 2.05.01 Autistic disorder; 2.05.02 Asperger's syndrome; 2.05.03 Pervasive developmental disorder not otherwise specified. 2.06 AvMed Network means the providers and facilities that have contracted with AvMed to provide covered services to Participants. Participants' Copayment, Deductible and/or Coinsurance responsibilities are outlined in the Schedule of Benefits. Generally, Participants will have coverage at the highest level of benefits when they use the AvMed Network. 2.07 Behavioral Health is the scientific study of the emotions, behaviors and biology relating to a person's mental well-being, their ability to function in everyday life and their concept of self.Behavioral Health is the preferred term to mental health. A person struggling with his or her Behavioral Health may face stress, depression, anxiety, relationship problems, grief, addiction, ADHD or learning disabilities, mood_disorders, or other psychological..concerns...Counselors,.therapists, life coaches, psychologists, nurse practitioners or Physicians can help manage Behavioral Health concerns with treatments such as therapy,counseling,or medication. 2 SF-City of Miami Beach-Standard POS-SPD-2015 SF-3662(10/15) . 2.08 Benefit Level means: 2.08.01 For AvMed providers, the Copayment or percentage of the contracted rate shown in the Schedule of Benefits after the applicable Deductible is met;or 2.08.02 For Non-Participating Providers, the Maximum Allowable Payment for covered services shown in the Schedule of Benefits after the applicable Deductible. 2.08.03 The Deductible may not apply to all covered services.. 2.09 Calendar Year means the twelve-month period beginning January 1S`and ending December 315` 2.10 Claim means a request for benefits under the Plan made by a Participant in accordance with AvMed's procedures for filing benefit Claims,including Pre-Service Claims and post-service Claims. 2.11 Claimant means a Participant or a Participant's authorized representative acting on behalf of the Participant. AvMed may establish procedures for determining whether an individual is authorized to act on behalf of the Participant. If the Claim is an Urgent Care or Pre-Service Claim,a Health Professional, with knowledge of the Participant's medical Condition, shall be permitted to act as the Participant's authorized representative and will be notified of all approvals on the Claimant's behalf. In the event of an Adverse Benefit Determination,AvMed will notify both the Participant and the Heath Professional. 2.12 Coinsurance means the amount a Participant must pay once the Deductible has been met,if applicable, and is expressed as a percentage of the contracted rate for the covered benefit. 2.13 Condition means a disease,illness,ailment,injury,or pregnancy. 2.14 Core Benefits means all benefits provided under Section VIII (SCHEDULE OF BASIC BENEFITS), subject to the limitations of Section IX(LIMITATIONS OF BASIC BENEFITS) and the Exclusions of Section X(EXCLUSIONS FROM BASIC BENEFITS). 2.15 Copayment means the portion of the cost, in addition to the prepaid premium amounts, which the Participant is required to pay at the time certain health services are provided under the Plan. The Copayment may be a specific dollar amount or a percentage of the cost. The Participant is responsible for the payment of any Copayments directly to the provider of the health services at the time of service. 2.16 Covered Dependent means any dependent of a Covered Employee who meets all applicable requirements of the Plan and is enrolled in the Plan. 2.17 Covered Employee means an employee who is permanently employed and paid a salary or earnings at your Employer's place of business, or you are a former employee who is now a retiree who meets all of the applicable requirements of the Plan and is enrolled in the Plan. 2.18 Covered Retiree means a former employee under the age of 65 who has retired from the City if Miami Beach who meets all of the applicable requirements of the Plan and is enrolled in the Plan. 2.19 Custodial Care means services and supplies that are furnished mainly to train or assist in the activities of daily living, such as bathing, feeding, dressing, walking and taking oral medications. `Custodial Care' also means services and supplies that can be safely and adequately provided by persons other than licensed Health Professionals, such as dressing changes and catheter care, or that ambulatory patients customarily provide for themselves, such as ostomy care, administering insulin and measuring and recording urine and blood sugar levels. 2.20 Deductible means the first payments up to a specified dollar amount that a Participant must make in the applicable Calendar Year for covered benefits. The Deductible applies to each Participant, subject to any family Deductible listed on the Schedule of Benefits. For purposes of the Deductible, `family' means the Covered Employee and Covered Dependents. The Deductible must be satisfied once each Calendar Year. 2.20.01 The Common Accident Provision: if the Deductible applies to accident expenses and if two or more Participants of any family receive covered benefits because of disabilities resulting 3 SF-City of Miami Beach-Standard POS-SPD-2015 SF-3662(10/15) from injuries sustained in any one accident, the Deductible will be applied only once with respect to all covered benefits received as a result of the accident. 2.21 Dental Care means dental x-rays, examinations and treatment of the teeth or any services, supplies or charges directly related to: 2.21.01 the care,filling,removal or replacement of teeth,or 2.21.02 the treatment of injuries to or disease of the teeth, gums or structures directly supporting or attached to the teeth, that are customarily provided by dentists (including orthodontics reconstructive jaw surgery,casts,splints and services for dental malocclusion). 2.22 Domestic Partner means an unmarried adult who: 2.22.01 cohabits with the covered Employee in an emotionally committed and affectional relationship that is meant to be of lasting duration; 2.22.02 is not related by blood or marriage; 2.22.03 is at least eighteen years of age; 2.22.04 is mentally competent to consent to a contract; 2.22.05 has filed a domestic partnership agreement or registration with the Employer,if available,in the state(and/or city) of residence; 2.22.06 has shared financial obligations including basic living expenses for the twelve month period prior to enrollment in the Plan; 2.22.07 will provide documentation that will be satisfactory to the Employer as evidence of a Domestic Partner relationship;and 2.22.08 meets the dependent eligibility requirements of the Employer's health benefit plan. 2.23 Durable Medical Equipment (DME). Durable Medical Equipment is any equipment that meets all of the following requirements: 2.23.01 can withstand repeated use; and 2.23.02 is primarily and customarily used to serve a medical purpose;and 2.23.03 generally is not useful to a person in the absence of an illness or injury; and 2.23.04 is appropriate for use in the home. 2.24 Emergency Medical Condition means a medical Condition manifesting itself by acute symptoms of sufficient severity such that the absence of immediate medical attention could reasonably be expected to result in any of the following: 2.24.01 Serious jeopardy to the health of a patient,including a pregnant woman or fetus. 2.24.02 Serious impairment to bodily functions. 2.24.03 Serious dysfunction of any bodily organ or part. 2.24.04 With respect to a pregnant woman: a. that there is inadequate time to effect safe transfer to another Hospital prior to delivery; b. that a transfer may pose a threat to the health and safety of the patient or fetus; or c. That there is evidence of the onset and persistence of uterine contractions or rupture of the membranes. 2.24.05 Examples of Emergency Medical Conditions include, but are not limited to: heart attack, stroke,massive internal or external bleeding,fractured limbs or severe trauma. 4 SF-City of Miami Beach-Standard POS-SPD-2015 SF-3662(10/15) 2.25 Emergency Medical Services and Care means medical screening, examination and evaluation by a physician, or, to the extent permitted by applicable law, by other appropriate personnel under the supervision of a physician to determine if an Emergency Medical Condition exists and, if it does, the care, treatment, or surgery for a covered service by a physician necessary to relieve or eliminate the Emergency Medical Condition within the service capability of the Hospital. 2.25.01 In-area emergency does not include elective or routine care, care of minor illness or care that can reasonably be sought and obtained from the Participant's physician. The determination as to whether or not an illness or injury constitutes an emergency shall be made by AvMed and may be made retrospectively based upon all information known at the time the patient was present for treatment. 2.25.02 Out-of-area emergency does not include care for Conditions for which a Participant could reasonably have foreseen the need of such care before leaving the Service Area or care that could safely be delayed until prompt return to the Service Area. The determination as to whether or not an illness or injury constitutes an emergency shall be made by AvMed and may be made retrospectively based upon all information known at the time the patient was present for treatment. 2.26 Essential Health Benefits has the meaning under section 1302(b) of the Federal Act and applicable regulations.The ten categories of Essential Health Benefits are: 2.26.01 ambulatory patient services; 2.26.02 emergency services; 2.26.03 hospitalization; 2.26.04 laboratory services; 2.26.05 maternity and newborn care; 2.26.06 mental health and substance use disorder services(including behavioral health treatment); 2.26.07 pediatric services(including oral and vision care); 2.26.08 prescription drugs; 2.26.09 preventive and wellness services and chronic disease management; and 2.26.10 Rehabilitative and Habilitative Services and devices. 2.27 Exclusion means any provision of the Plan whereby coverage for a specific hazard or Condition is entirely eliminated. 2.28 Experimental and/or Investigational. For the purposes of this Plan a medication, treatment, device, surgery or procedure may be determined by AvMed in its discretion, to be Experimental and/or Investigational if any of the following applies: 2.28.01 The FDA has not granted the approval for general use;or 2.28.02 There are insufficient outcomes data available from controlled clinical trials published in peer-reviewed literature to substantiate its safety and effectiveness for the disease or injury involved; or 2.28.03 There is no consensus among practicing physicians that the medication, treatment, therapy, procedure or device is safe or effective for the treatment in question or such medication, treatment, therapy, procedure or device is not the standard treatment, therapy, procedure or device utilized by practicing physicians in treating other patients with the same or a similar Condition;or 2.28.04 Such medication, treatment, procedure or device is the subject of an ongoing Phase I or Phase II clinical investigation, or experimental or research arm of a Phase III clinical investigation, or under study to determine: maximum tolerated dosage(s), toxicity, safety, 5 SF-City of Miami Beach-Standard POS-SPD-2015 SF-3662(10/15) efficacy, or efficacy as compared with the standard means for treatment or diagnosis of the condition in question. Notwithstanding the previous sentence, approved clinical trials, as such term is defined by Section 2709 of the Public Health Service Act("PHSA")will not be treated as Experimental and/or Investigational if the requirements of Section 2709 of the PHSA are satisfied. 2.29 Full-Time Student or Part-Time Student means one who is attending a recognized and/or accredited college,university,vocational,or secondary school and is carrying sufficient credits to qualify as a Full- Time or Part-Time Student in accordance with the requirements of the school. 2.30 Group Health Insurance(for purposes of Section XI(COORDINATION OF BENEFITS))means that form of health insurance covering groups of persons under a master Group Health Insurance policy issued to any one of the groups listed in Sections 627.552 (employee groups), 627.553 (debtor groups), 627.554 (labor union and association groups), and 627.5565 (additional groups),Florida Statutes, or, if applicable,equivalent or similar state law in another state. 2.30.01 The terms `amount of insurance' and `insurance' include the benefits provided under a plan of self-insurance. 2.30.02 The term `insurer' includes any person, entity or governmental unit providing a plan of self- insurance. 2.30.03 The terms `policy', `insurance policy', `health insurance policy' and `Group Health Insurance policy' include plans of self-insurance providing health insurance benefits. 2.31 Habilitation Services are services that help a person keep, learn or improve skills and functioning for daily living. Such services may be provided in order for a person to attain and maintain a skill or function never learned or acquired due to a disabling Condition. They are services that are deemed necessary to meet the needs of individuals with developmental disabilities in programs designed to achieve objectives of improved health, welfare and the realization of individual's maximum physical, social,psychological and vocational potential for useful and productive activities. 2.32 Health Professionals means physicians, osteopaths, podiatrists, chiropractors, physician assistants, nurses, social workers, pharmacists, optometrists, clinical psychologists, nutritionists, occupational therapists, physical therapists and other professionals engaged in the delivery of health care services, who are licensed and practice under an institutional license, individual practice association or other authority consistent with state law. 2.33 Home Health Care Services (Skilled Home Health Care) means services that are provided for a Participant who does not require confinement in a Hospital or Other Health Care Facility. Such services include, but are not limited to,the services of professional visiting nurses or other health care personnel for services covered under the Plan. 2.34 Hospice means a public agency or private organization that is duly licensed by State of Florida to provide Hospice services. Such licensed entity must be principally engaged in providing pain relief, symptom management and supportive services to terminally ill Participants. 2.35 Hospital means any general acute care facility which is licensed under state law that offers services which are more intensive than those required for room, board, personal services and general nursing care; offers facilities and beds for use beyond 24 hours; and regularly makes available at least clinical laboratory services, diagnostic x-ray services and treatment facilities for surgery or obstetrical care or other definitive medical treatment of similar extent. The term Hospital does not include an Ambulatory Surgery Center; Other Health Care Facility; stand-alone Birthing Center; convalescent, rest or nursing home; or a facility which primarily provides custodial,educational or rehabilitative therapies. 2.36 Hospital Based Providers are defined as emergency room physicians, pathologists, radiologists and anesthesiologists. 2.37 Hospital Services (except as expressly limited or excluded by the. Plan) means those services for registered bed patients that are: 6 SF-City of Miami Beach-Standard POS-SPD-2015 SF-3662(10/15) 2.37.01 generally and customarily provided by acute care general Hospitals in accordance with the standards of acceptable community practice; 2.37.02 performed,prescribed or directed by an Attending Physician;and 2.37.03 Medically Necessary for Conditions which cannot be adequately treated in Other Health Care Facilities or with Home Health Care Services or on an ambulatory basis. 2.38 Hospitalist/Admitting Panelist means a physician who specializes in treating inpatients and who may coordinate a Participant's health care when the Participant has been admitted for a Medically Necessary procedure or treatment at a Hospital. 2.39 Injectable Medication means a medication that is approved by the Food and Drug Administration (FDA) for administration by one or more of the following routes: intramuscular injection, intravenous injection, intravenous infusion, subcutaneous injection, intrathecal injection, intra-articular injection, intracavernous injection or intraocular injection. Prior authorization is required for Injectable Medications. 2.40 Limitation means any provision,other than an Exclusion,which restricts coverage under the Plan. 2.41 Maximum Allowable Payment means the maximum amount that AvMed will pay for any covered service rendered by a Non-Participating Provider or supplier of services,medications or supplies. 2.42 Medically Necessary means the use of any appropriate medical treatment, service, equipment and/or supply as provided by a Hospital, Skilled Nursing Facility, physician or other provider which is necessary for the diagnosis,care and/or treatment of a Participant's illness or injury, and which is: 2.42.01 consistent with the symptom,diagnosis,and treatment of the Participant's Condition; 2.42.02 the most appropriate level of supply and/or service for the diagnosis and treatment of the Participant's Condition; 2.42.03 in accordance with standards of acceptable community practice; 2.42.04 not primarily intended for the personal comfort or convenience of the Participant, the Participant's family,the physician or other health care providers; 2.42.05 approved by the appropriate medical body or health care specialty involved as effective, appropriate and essential for the care and treatment of the Participant's Condition;and 2.42.06 not Experimental or Investigational. 2.43 Medical Office means any outpatient facility or physician's office. 2.44 Medical Services (except as limited or excluded by the Plan) means those professional services of physicians and other Health Professionals, including medical, surgical, diagnostic, therapeutic and preventive services that are: 2.44.01 generally and customarily provided in the geographic area; 2.44.02 performed,prescribed or directed by Health Professionals;and 2.44.03 Medically Necessary (except for preventive services as stated herein) for the diagnosis and treatment of injury or illness. 2.45 Morbid Obesity (clinically severe obesity) means a body mass index (BMI), as determined by a Participating Provider as of the date of service,of: 2.45.01 40 kilograms or greater per meter squared(kg/m2); or 2.45.02 35 kilograms or greater per meter squared (kg/m2) with an associated comorbid Condition such as hypertension,type II diabetes, life-threatening cardiopulmonary Conditions; or joint disease that is treatable,if not for the obesity. 7 SF-City of Miami Beach-Standard POS-SPD-2015 SF-3662(10/15) 2.46 Non-Participating Provider means any Health Professional or group of Health Professionals,Hospital, Medical Office or Other Health Care Facility with whom AvMed has neither made arrangements nor contracted to render the professional health services set forth herein as a Participating Provider. The Point of Service Plan provides access to Non-Participating Providers as defined herein. 2:47 Other Health Care Facility(ies)means any licensed facility, other than acute care Hospitals and those facilities providing services to ventilator dependent patients, which provides inpatient services such as skilled nursing care,Residential Treatment and Rehabilitation Services. 2.48 Out-of-Network Provider means any Health Professional (or group of Health Professionals),Hospital, Medical Office or Other Health Care Facility who is not under contract with AvMed's Choice Network, and not under contract with the PHCS Network outside of AvMed's Service Area. 2.49 Partial Hospitalization means treatment in which an individual receives at least seven hours of institutional care during a portion of a 24-hour period and returns home or leaves the treatment facility during any period in which treatment is not scheduled. A Hospital shall not be considered a"home"for purposes of this definition. 2.50 Participant means any Covered Employee, Covered Retiree, or Covered Dependent as described in Sections 2.16 2.16,and 2.18 of this SPD. 2.51 Participating Physician means any Participating Provider licensed under Chapter 458 (physician), 459 (osteopath), 460 (chiropractor) or 461 (podiatrist), Florida Statutes, or, if applicable, equivalent or similar state laws of another state. 2.52 Participating Provider means any Health Professional (or group of Health Professionals), Hospital, Medical Office or Other Health Care Facility with whom AvMed has made arrangements or contracted to render the professional health services set forth herein. 2.53 Plan means the City.of Miami Beach Group Health Plan sponsored by the Company to provide covered Medical Services to Participants. 2.54 Plan Administrator means City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,ATTENTION TO: Sylvia Crespo-Tabak,Telephone number: 305-673-7524. 2.55 Plan Year means the period of 12 consecutive months commencing on the effective date of the Plan. 2.56 Pre-Service Claim means any Claim for benefits under the Plan for which (in whole or in part), a Participant must obtain authorization from AvMed in advance of such services being provided to or received by the Participant. 2.57 Primary Care Physician means any Participating Physician engaged in family practice, pediatrics, internal medicine, obstetrics/gynecology, or any specialty physician from time to time designated by AvMed as a `Primary Care Physician' in AvMed's current list of physicians and Hospitals. 2.58 Private Duty Nursing means services provided by registered nurses, licensed practical nurses, or any other trained attendant whose services ordinarily are rendered to, and restricted to, a particular Participant by arrangements between the Participant and the private-duty nurse or attendant. Such persons are engaged or paid by an individual Participant or by someone acting on their behalf, including a hospital that initially incurs the costs and looks to the Participant for reimbursement for such services. 2.59 Rehabilitation Services are health care services that help a person keep,get back,or improve skills and functioning for daily living that have been lost or impaired because a person was sick,hurt or disabled. These services may include physical and occupational therapies, speech-language pathology and psychiatric Rehabilitation Services in a variety of inpatient and/or outpatient settings. 2.60 Relevant Document means any documentation that: 2.60.01 was relied upon in making a benefit determination; 2.60.02 was submitted, considered or generated in the course of making a benefit determination, without regard to whether it was relied upon in making the determination; 8 SF-City of Miami Beach-Standard POS-SPD-2015 SF-3662(10/15) 2.60.03 demonstrates compliance with the Plan's administrative process; and 2.60.04 constitutes a statement of policy or guidance with respect to the Plan concerning the Adverse Benefit Determination for the Claimant's diagnosis,without regard to whether such advice or statement was relied upon in making the Adverse Benefit Determination. 2.61 Residential Treatment is a 24-hour intensive structured and supervised treatment program providing an inpatient level of care but in a non-hospital environment, and is utilized for those disorders that cannot be affectively treated in an outpatient or Partial Hospitalization environment. 2.62 Service Area means those counties in the State of Florida where AvMed has been approved to conduct business by the Agency for Health Care Administration(MICA). 2.63 Skilled Nursing Facility means an institution or part thereof which is licensed as a Skilled Nursing Facility by the State of Florida,is accredited as a Skilled Nursing Facility by the Joint Commission or recognized as a Skilled Nursing Facility by the Secretary of Health and Human Services of the United States under Medicare,and with which AvMed has made arrangements or contracted for the provision of appropriate services. 2.64 Sound Natural Tooth (or Teeth) means a tooth that is whole or properly restored (restoration with amalgams only) and is not in need of the treatment provided for any reason other than an Accidental Dental Injury. For purposes of this Plan, a tooth previously restored with a crown inlay, onlay or porcelain restoration,or treated by endodontics,is not considered a sound natural tooth. 2.65 Specialty Health Care Physician means any physician licensed under Chapter 458 (physician), 459 (osteopath), 460 (chiropractor) or 461 (podiatrist), Florida Statutes, or, if applicable, equivalent or similar state laws of another state,other than the Participant's Primary Care Physician. 2.66 Total Disability means a totally disabling Condition resulting from an illness or injury which prevents the Participant from engaging in any employment or occupation for which he may otherwise become qualified by reason of education, training or experience, and for which the Participant is under the regular care of a physician. 2.67 Urgent Care Center means a facility properly licensed to provide care for minor injuries and illnesses that require immediate attention,but are not severe enough for a trip to the emergency room, including cuts, sprains, eye injuries, colds, flu, fever, insect bites, and simple fractures. For purposes of this contract,an Urgent Care Center is not a Hospital. 2.68 Urgent Care Claim means any Claim for medical care or treatment that could seriously jeopardize the Participant's life or health or the Participant's ability to regain maximum function or,in the opinion of a physician with knowledge of the Participant's medical Condition, would subject the Participant to severe pain that cannot be adequately managed without the care or treatment requested. Generally, the determination of whether a Claim is an Urgent Care Claim shall be made by an individual acting on behalf of AvMed applying the judgment of a prudent layperson that possesses an average knowledge of health and medicine. However, if a physician with knowledge of the Participant's medical Condition determines that the Claim is an Urgent Care Claim,it shall be deemed as such. 2.69 Urgent Medical Condition means a medical Condition manifesting itself by acute symptoms that are of lesser severity than that recognized for an Emergency Medical Condition, such that a prudent layperson who possesses an average knowledge of health and medicine could reasonably expect the illness or injury to place the health or safety of the Participant or another individual in serious jeopardy, in the absence of medical treatment within 24 hours. Examples of Urgent Medical Conditions include,but are not limited to: high fever, dizziness, animal bites, sprains, severe pain, respiratory ailments and infectious illnesses. 2.70 Urgent Medical Services and Care means medical screening, examination and evaluation in an ambulatory setting outside of a hospital emergency department,including an Urgent Care Center,retail clinic or PCP office after-hours, on a walk-in basis and usually without a scheduled appointment; and the covered services for those Conditions which, although not life-threatening, could result in serious injury or disability if left untreated. 9 SF-City of Miami Beach-Standard POS-SPD-2015 SF-3662(10/15) 2.71 Utilization Management Program means those comprehensive initiatives that are designed to validate medical appropriateness and to coordinate covered services and supplies. These include, but are not limited to: 2.71.01 concurrent review of all patients hospitalized in acute care, psychiatric, rehabilitation, and skilled nursing facilities,including on-site review when appropriate; 2.71.02 case management and discharge planning for all inpatients and those requiring continued care in an alternative setting (such as home care or a Skilled Nursing Facility) and for outpatients when deemed appropriate;and 2.71.03 the Benefit Coordination Program which is designed to conduct prospective reviews for select Medical Services to ensure that services are covered and Medically Necessary. The Benefit Coordination Program may also advocate alternative cost-effective settings for the delivery of prescribed care and may identify other options for non-covered health care needs. 2.72 Ventilator Dependent Care Unit means any facility which provides services to ventilator dependent patients other than an acute care Hospital setting, including all types of facilities known as sub-acute care units, ventilator dependent units, alternative care units, sub-acute care centers and all other like facilities, whether maintained in a free standing facility or maintained in a Hospital or Skilled Nursing Facility setting. III. ELIGIBILITY 3.01 To be eligible to enroll as a Covered Employee,a person must be: 3.01.01 an employee of the City of Miami Beach who works the required number of hours per week; 3.01.02 employed for the 90 day waiting period required for eligibility; and 3.01.03 entitled on his own behalf to participate in the medical and Hospital care benefits provided by the City of Miami Beach under the Plan. Coverage begins on the day immediately following the waiting period; and 3.01.04 If you are a person with current employment status who is age 65 and over(or the dependent spouse age 65 and over of an employee of any age), your coverage under this Plan will be provided on the same term and conditions as are applicable to employees (or dependent spouses)who are under the age of 65. Your rights under this Plan do not change because you (or your dependent spouse)are eligible for Medicare coverage on the basis of age,as long as you have current employment status with your Employer. 3.01.05 You have the option to reject plan coverage offered by your Employer, as does any eligible employee. If you reject coverage under your Employer's Plan, coverage is terminated and your Employer is not permitted to offer you coverage that supplement Medicare covered services. 3.01.06 If you are an early retiree in the Miami Beach Employees Retirement Plan (MBERP) with 5 years or more of continuous service and meet the age requirement,you may elect to continue coverage for you and your eligible dependents provided such coverage was elected at the time of your retirement. Please see your Employer for more details. 3.02 To be eligible to enroll as a Covered Dependent, a person must be: 3.02.01 the spouse of the Covered Employee (a new spouse must be enrolled within 31 days after marriage in order to be covered);or 3.02.02 the Domestic Partner of the Covered Employee, as defined by the Plan; or 3.02.03 a child of the Covered Employee, a child of the Domestic Partner, a child of a Covered Retiree,or a child of a Covered Dependent of the Covered Employee,provided that all of the following conditions apply: 10 SF-City of Miami Beach-Standard POS-SPD-2015 SF-3662(10/15) a. The child is under the age of 26;and b. The natural child or stepchild of the Covered Employee;or c. The natural child of a Domestic Partner; or d. A legally adopted child in the custody of the Covered Employee from the time of placement in the home(written evidence of adoption must be furnished to the Employer upon request); or e. A child for whom the Covered Employee has been appointed legal guardian pursuant to a valid court order. In the event an eligible Dependent child does not reside with the Covered Employee, coverage will be extended where the Covered Employee if obligated to provide medical care by Qualified Medical Child Support Order (QMCSO). You(or your beneficiaries)may obtain,without charge,copies of the Plan's procedures governing QMCSOs and a sample QMCSO by contacting the Plan Administrator; or f. The newborn child of a Covered Dependent of the Covered Employee other than the spouse of the Covered Employee(such coverage terminates 18 months after the birth of the newborn child). g. With respect to 3.02.03a., coverage for a child of a Covered Employee will end at the end of the year in which they reach age 26. 3.02.04 In the case of a newborn child, the Plan Administrator should be notified of the Covered Employee's intention to enroll the newborn child not later than 31 days after the birth. If notice is not provided within 60 days of the birth,the child may not be enrolled until the next open enrollment period of the Plan. 3.02.05 All services applicable for Covered Dependent children under the Plan shall be provided to an enrolled newborn child of the Covered Employee, to the enrolled newborn child of a Covered Dependent of the Covered Employee or to the newborn adopted child of the Covered Employee, provided that a written agreement to adopt such child has been entered into (prior to the birth of the child) from the moment of birth (as provided in Section 8.21). In the case of the newborn adopted child, coverage shall not be effective if the child is not ultimately placed in the Covered Employee's residence,in compliance with Florida law. 3.02.06 In the event the Covered Employee or a covered Domestic Partner has a child who meets the following requirements, extended coverage may be available for that child until the end of the Plan Year in which the child reaches age 30: a. The child is unmarried and does not have a dependent of his or her own; b. The child is a resident of Florida or a Full-Time or Part-Time Student; and c. The child is not provided coverage as a named Participant, insured, enrollee or Participant under any other group, blanket or franchise health insurance policy or individual health benefits plan, or is not entitled to benefits under Title XVIII of the Social Security Act. 3.02.07 It is the Participant's responsibility to notify the Plan Administrator when the child no longer meets the eligibility requirements of Section 3.01.01. Termination of coverage may be retroactively applied if the Plan Administrator is not notified within 31 days. Participant agrees to provide supporting documentation upon request by AvMed. 3.02.08 No person is eligible to enroll hereunder who has had his coverage previously terminated under Section 7.01.02,except with the written approval of AvMed. 3.02.09 Attainment of the limiting age by a dependent child shall not operate to exclude from or terminate the coverage of such child,while such child is and continues to be both: 11 SF-City of Miami Beach-Standard POS-SPD-2015 SF-3662(10/15) a. incapable of self-sustaining employment by reason of mental retardation or physical handicap;and b. chiefly dependent upon the Participant for support and maintenance, provided proof of such incapacity and dependency is furnished to the Employer by the Participant within 31 days of the child's attainment of the limiting age, and subsequently as may be required by the Employer,but not more frequently than annually after the 2-year period following the child's attainment of the limiting age. 3.03 During the Plan Year, no changes in the Plan's eligibility or requirements of participation shall be permitted to effect eligibility or enrollment under the Plan unless such change is required by law or agreed to by AvMed. 3.04 If the child of a Covered Employee or a covered Domestic Partner.was enrolled in the Plan on the basis of being a student at a postsecondary educational institution immediately before the first day of a medically necessary leave of absence, the Plan will not terminate the coverage of such child before the earlier of(1) one year after the first day of the medically necessary leave of absence, or(2) the date on which such coverage would otherwise terminate under the terms of the Plan. A "Medically Necessary leave of absence" is a leave of absence (or any other change in enrollment), from a postsecondary educational institution that (1) begins while the child is suffering from a severe illness or injury, (2) is Medically Necessary, and (3) causes the child to lose student status under the terms of the Plan. Certification by the child's Attending Physician must be submitted to the Plan stating that the child is suffering from a severe illness or injury and that the leave of absence or other change of enrollment is Medically Necessary. A child whose benefits are continued under this provision is entitled to the same benefits as if(during the Medically Necessary leave of absence) the child continued to be enrolled at the institution of higher education and was not on a Medically Necessary leave of absence. IV. ENROLLMENT 4.01 Prior to the effective date of the Plan and at a proper time prior to each anniversary thereof, the Employer may allow an open enrollment period of 31 days in which any eligible employee on behalf of himself and his eligible dependents may elect to enroll in the Plan. 4.02 Except as provided for newborns, eligible employees and dependents who meet the eligibility requirements of Section III (ELIGIBILITY) outside of the annual open enrollment period and who qualify for a special enrollment period pursuant to Section 4.03, must enroll within 31 days after becoming eligible by submitting application forms acceptable to or provided by AvMed; otherwise,the eligible employees and dependents may not enroll until the next open enrollment period of the Employer. 4.03 Special Enrollment Periods. Eligible employees and their eligible dependents may request to enroll in the Plan outside of the initial enrollment period and annual open enrollment periods if that individual loses other coverage or acquires a new dependent as outlined below. 4.03.01 If the eligible employee or dependent declined coverage under the Plan when it was first offered because of other group health plan or insurance coverage, and such other coverage has terminated as a result of: a. exhaustion of COBRA continuation coverage; b. termination of employment or reduction in hours of employment; c. termination of employer contributions; d. legal separation,divorce or annulment,or termination of domestic partnership; e. change in dependent status; f. death of the employee; 12 SF-City of Miami Beach-Standard POS-SPD-2015 SF-3662(10/15) • :1 g. change in legal custody or legal guardianship;or h. relocation out of an HMO service area. 4.03.02 If the eligible or Covered Employee acquires a new dependent as a result of: a. marriage; b. birth;or c. adoption or placement for adoption. 4.03.03 In the event of Sections 4.03.01 or 4.03.02 above, a completed Enrollment or Status Change Form (together with proof of continuous coverage under the other plan when applicable) must be submitted within 31 days of the date of termination of other coverage; or within 31 days of the date the dependent becomes eligible;or within 60 days as required for newborns. To enroll an eligible dependent, the eligible employee must also enroll or already be a Participant. 4.03.04 Eligible employees and dependents who are not enrolled, shall be eligible to enroll for coverage within 60 days following: a. termination of coverage under Medicaid or Children's Health Insurance Plan (CHIP) due to loss of eligibility; or b. determination of eligibility for premium assistance under Medicaid or CHIP. c. A completed Enrollment or Status Change Form must be submitted within 60 days of the date of the termination of Medicaid or CHIP coverage; or within 60 days of the date of determination of eligibility for premium assistance under Medicaid or CHIP. To enroll an eligible dependent, the eligible employee must also enroll or already be a Participant. 4.03.05 Termination resulting from failure to pay premiums on a timely basis or termination of coverage for cause (due to fraud, intentional misrepresentation, etc.) will not provide a special enrollment period. 4.04 The eligibility requirements set forth in Section III (ELIGIBILITY) shall at all times control and no coverage contrary thereto shall be effective. Coverage shall not be implied due to clerical or administrative errors if such coverage would be contrary to Section III(ELIGIBILITY). V. EFFECTIVE DATE OF COVERAGE 5.01 Subject to the payment of applicable monthly administrative fees, coverage under this Plan shall become effective on the following dates: 5.01.01 Eligible employees and their eligible dependents who enroll during the open enrollment period will become Participants as of the effective date of this Plan or subsequent anniversary thereof. 5.01.02 If a Participant acquires an eligible dependent through birth, adoption, placement for adoption or marriage,such dependent shall be treated as covered under the Plan if,within 31 days (or 60 days as provided for newborns in Section III (ELIGIBILITY)) of acquiring the new dependent,the Participant completes and submits an Enrollment Form on behalf of such dependent. If the enrollment form is received by AvMed within the 31 day time period (or 60 days as provided for newborns),the enrollment for such dependent shall become effective on the date of the birth, adoption or placement for adoption; or in the case of marriage, on the date of marriage. During this period, eligible employees and their eligible dependents may also enroll for medical coverage under the Plan, if not already covered. However, if an enrollment request is not received by AvMed within the required time frame, the employee 13 SF-City of Miami Beach-Standard POS-SPD-2015 SF-3662(10/15) and dependents will be required to wait until the next open enrollment period to apply for coverage. 5.01.03 Coverage for the newborn child of a Covered Employee or the newborn child of a Covered Dependent is effective at birth if Sections 3.02.04 and 5.01.02 are complied with. 5.01.04 If an eligible employee or the employee's eligible dependents originally declined medical coverage under the Plan due to other health coverage, and that coverage is subsequently terminated as a result of either a loss•of eligibility for such coverage or the termination of any employer contributions for such coverage, or termination of the Plan, the employee and the employee's dependents will be eligible to enroll in the Plan. To enroll, a completed Enrollment Form must be submitted within 31 days of the date of termination of other coverage or termination of the Plan. The effective date of any coverage provided under the Plan will be the first day of the month following the date of enrollment. If the employee fails to enroll within 31 days after the loss of other coverage, the employee and the employee's dependents must wait until the next open enrollment period to apply for coverage,absent eligibility for a second special enrollment period. 5.01.05 If an employee or the employee's dependents are eligible for coverage but not enrolled, and experience a termination of coverage under Medicaid or CHIP due to loss of eligibility, or are determined to be eligible for premium assistance under Medicaid or CHIP,the employee and the employee's dependents will be eligible to enroll in the Plan. To enroll, a completed Enrollment Form must be submitted within 60 days of the date of the termination of coverage or the determination of eligibility for assistance.The effective date of any coverage provided by AvMed will be the first day of the month following the date of enrollment. If the employee fails to enroll within 60 days after the loss of such coverage or the determination of such eligibility, the employee and the employee's dependents must wait until the next open enrollment period to apply for coverage, absent eligibility for a second special enrollment period. VI. MONTHLY PAYMENTS AND COPAYMENTS 6.01 Annual maximum out-of-pocket limits (as described in your Schedule of Benefits). Your Deductible, as well as any Coinsurance and Copayments you pay for covered benefits received during any Plan Year are accumulated toward your annual maximum out-of-pocket limit. Amounts paid for penalties do not count toward any Deductible or out-of-pocket limits. Once you meet your individual or family annual maximum out-of-pocket limit in any Plan Year, the Plan will pay 100% of the allowable charges for all covered services for the remainder of that Plan Year. It is the responsibility of the Participant to retain receipts and to notify and document to the satisfaction of the Plan when the annual maximum out-of- pocket limits have been reached. 6.02 Expenses that do not count toward the annual maximum out-of-pocket expense limit are (i) expenses related to charges for services not, covered including charges exceeding the Maximum Allowable Payment, (ii) additional charges incurred for failure to pre-authorize a service requiring prior authorization, (iii) expenses that relate to services that exceed any specific treatment Limitations noted in the Schedule of Benefits, (iv) Brand Additional Charges for prescription medications, (v) expenses that relate to services not considered an Essential Health Benefit. 6.03 A Participant must pay any applicable Copayments or Coinsurance for covered benefits. 6.04 - In the event of the retroactive termination of a Participant, neither the Plan nor AvMed shall be responsible for medical expenses incurred by the Plan in providing benefits to the Participant under the terms of the Plan after the effective date of termination. VII. TERMINATION OF PARTICIPATION 14 SF-City of Miami Beach-Standard POS-SPD-2015 SF-3662(10/15) • 7.01 Reasons for Termination. If your employer no longer offers a health plan,coverage will be terminated on the last day of the month for which the monthly administrative fee was paid. 7.01.01 Loss of eligibility a. Upon the loss of a Participant's eligibility, as defined in Section III (ELIGIBILITY), including but not limited to permanent relocation outside AvMed's Service Area, coverage will either(i) terminate immediately, if AvMed and/or the Employer so elect, in their sole discretion, or(ii) automatically terminate on the last day of the month for which the monthly administrative fee was paid and during which the Participant was eligible for coverage if no elections is made under(i)above. b. Upon a loss of the Covered Employee's eligibility, as defined in Section III (ELIGIBILITY), coverage for all Covered Dependents will either (i) terminate immediately if AvMed and/or the Employer so elects, in their sole discretion, or (ii) automatically terminate on the last day of the month for which the monthly administrative fee was paid, and during which the Covered Dependent was eligible for coverage if no election is made under(i)above. 7.01.02 Termination of Participation for Cause. AvMed may terminate or cease to provide services to any Participant immediately upon written notice for the following reasons which lead to a loss of eligibility of the Participant: a. Fraud, material misrepresentation or omission in applying for participation, benefits or coverage under the Plan. However, relative to a misstatement in the Application, after two years from the issue date, only fraudulent misstatements in the Application may be used to void the policy or deny any Claim for a loss occurred or disability starting after the two year period; b. Misuse of the Plan's identification card furnished to the Participant; c. Furnishing to the Plan or AvMed incorrect or incomplete information for the purpose of obtaining participation,coverage or benefits under the Plan; or d. Behavior which is disruptive, unruly, abusive or uncooperative to the extent that the Participant's continuing coverage under the Plan seriously impairs AvMed's ability to administer the Plan or to arrange for the delivery of health care services to the Participant or other Participants after AvMed has attempted to resolve the Participant's problem. e. At the effective date of such termination, administrative service fee payments received by AvMed on account of such termination shall be refunded on a pro rata basis, and AvMed shall have no further liability or responsibility for the Participant(s) under the Plan. 7.02 Notification requirements: 7.02.01 Loss of eligibility of Covered Employee. It is the responsibility of the Employer to notify AvMed in writing within 31 days from the effective date of termination regarding any Covered Employee,Covered Retirees,and/or Covered Dependent who becomes ineligible to participate in the Plan. Employer shall be liable for Claims incurred by Covered Employees or Covered Dependents resulting from failure of Employer to provide such timely notification. 7.02.02 Loss of eligibility of Covered Dependent. When a Covered Dependent becomes ineligible for coverage, the Covered Employee, or Covered Retiree is required to notify the Plan Administrator in writing within 31 days of the Covered Dependent becoming ineligible. 7.03 Continuation Coverage under COBRA. COBRA requires that most employers sponsoring group health plans offer certain employees and fonner employees their eligible dependents the opportunity for a temporary extension of health coverage (called `continuation coverage') at group rates in certain 15 SF-City of Miami Beach-Standard POS-SPD-2015 SF-3662(10/15) • • instances where coverage under the Plan would otherwise end. This section of the SPD is intended to inform Participants, in a summary fashion, of their rights and obligations under the continuation coverage provisions of the law. Participants should take the time to read this section carefully. 7.03.01 Eligibility. Covered Employees, Covered Spouses, or their Covered Dependents will become eligible for continuation coverage under COBRA after any of the following qualifying events result in the loss of Plan coverage: a. Loss of benefits due to a reduction in the Covered Employee's hours of employment; b. Termination of the Covered Employee's employment including retirement but excluding termination for gross misconduct;or c. Termination of employment following leave under the Family and Medical Leave Act of 1993 (FMLA),in which case the qualifying event will occur on the earlier of the date the Covered Employee indicates he will not return to work or the last day of the FMLA leave. d. Termination of retiree coverage when the former employer discontinues retiree coverage within one year before or one year after filing for Chapter 11 bankruptcy. e. In addition, Covered Dependents will become eligible for COBRA continuation coverage after any of the following qualifying events occur to cause a loss of Plan coverage: i. The Covered Employee's death; ii. Divorce, legal separation, or termination of domestic partnership from the Covered Employee; iii. The Covered Employee first becomes entitled to and enrolls in Medicare; or iv. The Covered Dependent child no longer qualifies as an eligible dependent under the Plan. f. A child who is born to (or placed for adoption) with a covered former employee during the continuation coverage period has the same continuation coverage rights as an eligible dependent child described above. 7.03.02 Notification. If a qualifying event other than divorce, legal separation, loss of eligible dependent status or entitlement to Medicare occurs, the Employer will notify AvMed and its COBRA Administration business partner of the qualifying event,who will send the Covered Employee an election form. To continue Plan coverage, the completed election form must be returned to AvMed's COBRA Administration business partner within 60 days after the later of the date the form is received, or the date the Covered Employee's coverage ends due to the qualifying event. a. If divorce, legal separation, loss of eligible dependent status,loss of retiree benefits due to bankruptcy or entitlement to Medicare under the Plan occurs, the Covered Employee or Covered Dependent is responsible for notifying the Plan Administrator that a qualifying event has occurred. Such notice must be received by the Plan Administrator within 60 days after the later of the date of such event, or the date the Participant would lose coverage on account of such event. Failure to timely notify the Plan Administrator of these events will result in loss of the right of a Participant to continue coverage. b. After receiving such notice, the Plan Administrator will notify AvMed and its COBRA Administration business partner, who will send the Participant an election form within 14 days. If the Participant wishes to elect continuation coverage,the election form must be returned completed to AvMed's COBRA Administration business partner within 60 days from the later of the date the form is received or the date coverage ends due to the qualifying event. 16 SF-City of Miami Beach-Standard POS-SPD-2015 SF-3662(10/15) 7.03.03 Cost. If continuation coverage is elected, Participants must pay the entire cost of coverage (the employer's contribution and the active employee portion of the contribution),plus a 2% administrative fee for the duration of COBRA continuation coverage. a. If a Covered Employee or Covered Dependent is Social Security disabled (Social Security disability status must occur as defined by Title II or Title XVI of the Social Security Act), the Covered Employee may elect continuation coverage for the disabled person only or for some or all COBRA eligible family members for up to 29 months if the Covered Employee's employment is terminated or hours are reduced. The Covered Employee must pay 102% of the cost of coverage for the first 18 months of COBRA continuation coverage and 150% of the cost of coverage for the 19th through the 29th months of coverage. The Social Security disability date must be determined to have occurred within the first 60 days of loss of coverage due to termination of the Covered Employee's employment or reduction in hours. b. For COBRA coverage to remain in effect, payment must be received by the Plan Administrator by the first day of the month for which the premium is due (the first payment is due no later than 45 days after the election to continue coverage, and must cover the period of time back to the first day of COBRA continuation coverage). 7.03.04 Duration. COBRA Continuation Coverage can be continued for up to: a. 18 months if coverage ended due to a reduction in a Covered Employee's work hours or termination of employment and the Covered Employee or one of his Covered Dependents is not Social Security disabled within 60 days of the date of the loss of coverage due to termination of employment or reduction in hours. If the Covered Employee becomes entitled to Medicare during the course of this initial 18 months of coverage, the Covered Dependents may elect to extend COBRA for an additional 18 months; or b. 36 months for Covered Dependents, if the Covered Dependents lose eligibility for medical coverage due to the Covered Employee, or Covered Retiree's death, divorce or legal separation, or termination of domestic partnership from the Covered Employee, the Covered Employee's entitlement to Medicare after termination or reduction in hours, or the Covered Employee, or Covered Retiree's Covered Dependent child ceasing to qualify as an eligible dependent under the Plan;or c. 29 months if the Covered Employee's coverage is lost due to termination of employment or reduction in hours and the Covered Employee or Covered Dependent is disabled, as defined by Title II or Title XVI of the Social Security Act, within 60 days of the original qualifying event. In this case, the Covered Employee may continue coverage for an additional 11 months after the original 18-month period either for the disabled person only or for one or all of the Covered Dependents. i. To be eligible for extended coverage due to Social Security disability, a Covered Employee must notify the Plan Administrator of the disability before the end of the initial 18 months of COBRA continuation coverage and within 60 days following the date the Covered Employee or Covered Dependent is determined to be disabled by the Social Security Administration. If the disabled individual should no longer be considered to be disabled by the Social Security Administration, the Covered Employee must notify the Plan Administrator within 30 days following the end of the disability. Coverage that has exceeded the original 18-month continuation period will end when the individual is no longer Social Security disabled; d. If more than one qualifying event occurs, no more than 36 months total of COBRA continuation coverage will be available. The COBRA beneficiary must experience the second qualifying event during the first 18 months of COBRA continuation, and must provide notice to the Plan Administrator within the required time period. COBRA 17 SF-City of Miami Beach-Standard POS-SPD-2015 SF-3662 (10/15) continuation coverage will end sooner if the Plan terminates and the employer does not provide replacement medical coverage,or if a person covered under COBRA: i. first becomes covered under another group health plan after the loss of coverage due to a termination or reduction in hours, this Plan will be secondary for all eligible health care expenses, provided contributions for COBRA coverage continue to be paid. Coverage may only continue for the remainder of the original COBRA period; ii. fails to make required contributions when due; iii. first becomes entitled to Medicare benefits after the initial COBRA qualifying event;or iv. is extending the 18-month coverage period because of disability and is no longer disabled as defined by the Social Security Act. 7.04 Continuation Coverage During Leaves of Absence. 7.04.01 Family and Medical Leaves of Absence (FMLA). Under FMLA, a Covered Employee may be entitled to up to a total of 12 weeks of unpaid job-protected leave during each Plan Year for the following: a. the birth of the Covered Employee's child, to care for the newborn child, or for placement of a child in the Covered Employee's home for adoption or foster care; b. to care for a spouse,child or parent with a serious health Condition; or c. for the Covered Employee's own serious health Condition. d. If the FMLA leave is paid, such pay will be reduced by the amount of the Covered Employee's before-tax contributions as usual for the coverage level in effect on the date FMLA leave begins. If FMLA leave is unpaid, the Covered Employee will be required to pay contributions directly to the employer until returning to active pay status. e. If the Covered Employee notifies the employer that he is terminating employment during FMLA leave, coverage will end on the date of notification. If the Covered Employee does not return to work on the expected FMLA return date,and the employer is not notified of the intent either to terminate employment or to extend the period of leave, coverage will end on the date the Covered Employee was expected to return. f. Plan elections may not be changed during FMLA leave unless an open enrollment occurs or the Covered Employee has a change in status event or a special enrollment event under The Health Insurance Portability and Accountability Act of 1996(HIPAA). 7.04.02 Military Leaves of Absence. If a Covered Employee is absent from work due to military service, continuation coverage under the Plan (including coverage for enrolled dependents) may be elected for up to 18 months from the first day of absence (or if earlier, until the day after the date the Covered Employee is required to apply for or return to active employment with the employer under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA)). The Covered Employee's contributions for continued coverage will be the same as for similarly situated active Participants in the Plan. a. Whether or not coverage is continued during military service,a Covered Employee may reinstate coverage under the Plan option elected on return to employment under USERRA. The reinstatement will be without any waiting period otherwise required under the Plan, except to the extent that any required waiting period was not completed prior to the start of the military service. VIII. SCHEDULE OF BASIC BENEFITS 18 SF-City of Miami Beach-Standard POS-SPD-2015 SF-3662(10/15) . The AvMed Choice product has several special features that can influence the level of coverage and how much Participants pay out of pocket for medical care. A Participant's choice of Health Professional and/or facility may result in lower or higher costs and Participants may be required to follow certain procedures to avoid additional costs. A Participant's choice of Health Professional and/or facility, and wise use of these benefits, can save you money. Within the AvMed Service Area, Participants are entitled to receive the covered services and benefits through the AvMed Network or from Out-of-Network Providers. Outside the Service Area, Participants are entitled to receive the covered services and benefits through Out-of-Network Providers. The AvMed Point of Service Plan creates two benefit payment levels; one for services provided by AvMed Network providers, and a second for services provided by Out-of-Network Providers. The Benefit Level this Plan will pay depends on the Health Professional and/or facility you select to provide covered health care services and where the services are received: o If the Health Professional and/or facility used is part of the AvMed Network, benefits for covered services are payable at the Participating Provider high Benefit Level shown in the Schedule of Benefits. • If the Health Professional and/or facility used is an Out-of-Network Provider, benefits for covered services are payable at the low Benefit Level as specified in the Schedule of Benefits. An important feature of this Point of Service Plan is that the amount of your out-of-pocket expense is determined by your choice of provider at the time services are sought: • Participants choosing AvMed Network providers will be responsible for paying lower Copayments and/or Coinsurance. • Participants choosing Out-of-Network Providers will pay the highest Deductibles and Coinsurance amounts and will also be at risk for provider fees that are in excess of allowed amounts. In other words, a Participant who chooses an Out-of-Network Provider may be responsible to pay the amount that exceeds the Maximum Allowable Payment for the particular Medical Service involved,in addition to the applicable Deductible and Coinsurance amounts. Also, fees that are in excess of allowed amounts are not a covered benefit and therefore do not apply to your Deductible or annual out-of-pocket limit. It is a Participant's responsibility when seeking benefits under this Plan to identify himself as a Participant and to verify that the provider chosen is still a contracted provider of the selected network, if any. Participants should confirm participation of a selected provider prior to seeking services. Any Participant requiring medical, hospital, or ambulance services for emergencies (as described in Sections 2.24 and 2.25), while outside the Service Area or within the Service Area, but before they can reach a Participating Provider,may receive the emergency benefits as specified in Section 8.14. Only services and benefits in conformity with Section II (DEFINITIONS), Section VIII (SCHEDULE OF BASIC BENEFITS), Section IX (LIMITATIONS OF BASIC BENEFITS), Section X (EXCLUSIONS FROM BASIC BENEFITS) and the Schedule of Benefits,which by reference is incorporated herein,are covered by the Plan. It is the Participant's responsibility when seeking benefits under the Plan to identify himself as a Plan Participant and to assure that the services received by the Participant are being rendered by Participating Providers. Participants must understand that services will not be covered if they are not, in AvMed's opinion, Medically Necessary. Any and all decisions made by AvMed in administering the provisions of this Contract, including without limitation, the provisions of Section VIII (SCHEDULE OF BASIC BENEFITS), Section IX (LIMITATIONS OF BASIC BENEFITS) and Section X (EXCLUSIONS FROM BASIC BENEFITS) are made only to determine whether payment for any benefits will be made by the Plan. Any and all decisions that pertain to the medical need for, or desirability of, the provision or non-provision of Medical Services or benefits, including without limitation, the most appropriate level of such Medical Services or benefits, must be made solely by the Participant and his physician in accordance with the normal patient/physician relationship for purposes of determining what is in the best interest of the Participant. AvMed does not have the right of control over the medical decisions made by the Participant's physician or health care providers.The ordering of a service by a physician,whether participating or Non-Participating,does not in itself make such service Medically Necessary. The Employer and Participants acknowledge that it is possible that a 19 SF-City of Miami Beach-Standard POS-SPD-2015 SF-3662(10/15) • Participant and his physician may determine that such services or supplies are appropriate even though such services or supplies are not covered and will not be arranged or paid for by the Plan. Any covered service for which the Participant is seeking reimbursement, must be submitted to AvMed within one year from the date of service to be considered. Cost-Sharing Information Deductible. In some instances, the annual Deductible specified in the Schedule of Benefits must be satisfied before the Plan will begin paying expenses for services covered. The Deductible means the amount a Participant must pay each Plan Year for covered services before the Plan will make payment for eligible expenses. The individual Deductible or family Deductible must be satisfied each Plan Year before any payment for certain services and medications will be made by the Plan for any Claim. The Deductible is accumulated across all levels. Satisfaction of the Deductible under one Benefit Level w ill count toward satisfaction of the Deductible under the other Benefit Level. If two or more covered Participants of a family incur injury due to the same accident, the Deductible applies only once for all such expenses. If during a Plan Year, the covered Participants of a family incur eligible expenses for which no benefits are payable because of the Deductible requirements, and the amount of such eligible expense equals the family Deductible limit, then no further Deductible will apply to the covered Participants of the family during the remainder of such Plan Year. Coinsurance. Once-the Plan Year Deductible has been met,Participants are responsible for paying a percentage of eligible expenses. The coverage percentage,hereinafter called `Coinsurance' is specified in the Schedule of Benefits. Participants will be responsible for paying any charges not considered an eligible expense. Participants should remember that services that are provided or received without advance authorization from AvMed, or when the service is beyond the scope of practice authorized for that provider under applicable state law, are not covered unless such services otherwise have been expressly authorized under the terms of the Plan or when required to treat an Emergency Medical Condition. Services that require prior authorization from AvMed include,but are not limited to: • all non-emergency inpatient admissions (including but not limited to Hospital and observation stays, skilled nursing facilities,Ventilator Dependent Care and/or acute rehabilitation); • all Home Health Care Services; • all medications administered in an outpatient Hospital or infusion therapy setting; • care rendered by Non-Participating Providers(except for Emergency Medical Services and Care); • dialysis services; • select medications administered in a physician's office; • surgical procedures or services performed in an outpatient Hospital, Hospital-affiliated ambulatory surgery center or free-standing ambulatory surgery center; • transplant services. Services requiring prior authorization may change from time to time. For more information about which services require prior authorization,contact AvMed at 1-877-535-1397,or visit www.avmed.org. If a physician is an AvMed Network/Participating Provider, he or she will handle all authorizations, notifications and utilization reviews with AvMed. If a physician is not an AvMed Participating Provider, Participants are responsible for making sure the physician or Health Professional contacts AvMed to obtain prior authorization for a covered service when it is required. Participants should refer to their Plan identification card for the telephone number where authorization may be obtained,or have the physician call 1-800-443-4103. Please remember that failure to obtain prior authorization of a service will result in a reduction in coverage as shown in the Schedule of Benefits. This reduction will occur regardless of whether such services are deemed 20 - SF-City of Miami Beach-Standard POS-SPD-2015 SF-3662(10/15) :, Medically Necessary. If an inpatient admission is extended beyond the number of days approved without authorization,benefits for the extra days will be denied. AvMed encourages but does not require Participants to select a Primary Care Physician(PCP)upon enrollment. For children, Participants may designate a pediatrician as the PCP. Participants have the right to designate any PCP who participates in our network and who is available to accept you or your family members. Until you make this designation, AvMed may designate one for you. For information on how to select a PCP, and for a list of the participating PCPs, contact AvMed. The names and addresses of Participating Providers and Hospitals are set forth in a separate booklet which,by reference,is made a part hereof. The list of Participating Providers, which may change from time to time, will be provided to the Employer. The list of Participating Providers may also be accessed from the AvMed Website at www.avmed.org. Notwithstanding the printed booklet, the names and addresses of Participating Providers on file with AvMed at any given time shall constitute the official and controlling list of Participating Providers. The selection of a PCP can be changed at any time. Health Professionals may from time to time cease their affiliation with AvMed. In such cases, Participants will be required to receive services from another participating Health Professional,subject to continuity of care rules to the extent required by law. PARTICIPANTS ARE RESPONSIBLE AND WILL BE LIABLE FOR APPLICABLE COPAYMENTS, - - - DEDUCTIBLES AND/OR COINSURANCE WHICH MUST BE PAID TO HEALTH CARE PROVIDERS FOR CERTAIN SERVICES, AT THE TIME SERVICES ARE RENDERED, AS SET FORTH IN THE SCHEDULE OF BENEFITS. THE SCHEDULE OF BENEFITS IS A SEPARATE DOCUMENT AVAILABLE FROM THE PLAN ADMINISTRATOR OR AVMED'S MEMBER SERVICES AND IS INTENDED TO ACCOMPANY THIS SPD IN EXPLAINING THE BENEFITS AVAILABLE UNDER THE PLAN. 8.01 Accidental Dental Injury Services. Dental injury services are covered the same as any other Condition including the initial extraction,teeth injured as a result of chewing, and replacement of Sound Natural Teeth due to injury. 8.02 Ambulance services as follows: 8.02:01- - Local professional air/ground ambulance transport for emergency services to the nearest emergency department appropriately staffed and equipped to treat a medical Condition; 8.02.02 Ground transportation to an alternative level of care when associated with an approved Hospital confinement; and 8.02.03 Ground transportation to a Participant's home will be covered when associated with an approved hospitalization or other confinement and the Participant's Condition requires the skill of medically trained personnel. Transportation is not covered when the skill of medically trained personnel is not required and the Participant can be safely transferred (or transported)by other means. 8.02.04 Air ambulance transportation is covered only when the point of pick-up is inaccessible by land or when distance or other obstacles are involved in transporting the Participant to the nearest emergency department equipped to adequately treat the medical Condition. 8.03 Cardiac Rehabilitation. Cardiac rehabilitation is covered for the following Conditions: acute myocardial infarction,percutaneous transluminal coronary angioplasty(PTCA), coronary artery bypass graft(CABG),repair or replacement of heart valves or heart transplant. See Section IX(LIMITATIONS OF BASIC BENEFITS) for any applicable coverage limits. 8.04 Child Cleft Lip and Cleft Palate Treatment. Health Care Services for child cleft lip and cleft palate, including medical, dental, speech therapy, audiology, and nutrition services, for treatment of a child under the age of 18 who has cleft lip or cleft palate are covered. For information on coverage and Limitations that apply to Speech Therapy see Section 8.30, and Section IX(LIMITATIONS OF BASIC BENEFITS). In order for such services to be covered, the Participant's Attending Physician must specifically prescribe such services and such services must be consequent to treatment of the cleft lip or cleft palate. 21 SF-City of Miami Beach-Standard POS-SPD-2015 SF-3662(10/15) • 8.05 Clinical Trials. 8.05.01 Routine patient care costs incurred during participation in a qualifying clinical trial for the treatment of: a. cancer or other life-threatening disease or Condition. For purposes of this benefit,a life- threatening disease or Condition is one from which the likelihood of death is probable unless the course of the disease or Condition is interrupted; b. cardiovascular disease (cardiac/stroke) which is not life threatening, for which, as we determine, a clinical trial meets the qualifying clinical trial criteria stated below; c. surgical musculoskeletal disorders of the spine, hip and knees, which are not life- threatening,for which, as we determine,a clinical trial meets the qualifying clinical trial criteria stated below. 8.05.02 Benefits include the reasonable and necessary items and services used to prevent, diagnose and treat complications arising from participation in a qualifying clinical trial. Benefits are available only when the Participant is clinically eligible for participation in the qualifying clinical trial as defined by the researcher. Participants are required to use a Participating Provider for any clinical trials covered under this Summary Plan Description. 8.05.03 Routine patient care costs for qualifying clinical trials include: a. covered Health Services for which benefits are typically provided absent a clinical trial; b. covered Health Services required solely for the provision of the investigational item or service,the clinically appropriate monitoring of the effects of the item or service, or the prevention of complications; c. covered Health Services needed for reasonable and necessary care arising from the provision of an Investigational item or service. 8.05.04 Routine costs for clinical trials do not include: a. the Experimental or Investigational service or item. The only exceptions to this are certain Category B devices, certain promising interventions for patients with terminal illnesses, other items and services that meet specified criteria in accordance with our medical and drug policies; b. items and services provided solely to satisfy data collection and analysis needs and that are not used in the direct clinical management of the patient; c. a service that is clearly inconsistent with widely accepted and established standards of care for a particular diagnosis; d. items and services provided by the research sponsors free of charge for any person enrolled in the trial. 8.05.05 With respect to cancer or other life-threatening diseases or Conditions, a qualifying clinical trial is a Phase I, Phase II,Phase III, or Phase IV clinical trial that is conducted in relation to the prevention, detection, or treatment of cancer or other life-threatening disease or Condition and which meets any of the following criteria in the list below. With respect to cardiovascular disease or musculoskeletal disorders of the spine,hip and knees which are not life threatening, a qualifying clinical trial is a Phase I, Phase II, or Phase III clinical trial that is conducted in relation to the detection or treatment of such non-life-threatening disease or disorder and which meets any of the following criteria in the list below. a. Federally funded trials.The study or investigation is approved or funded by(which may include funding through in-kind contributions)by one or more of the following: i. National Institutes of Health(NIH). (Includes National Cancer Institute.) 22 SF-City of Miami Beach-Standard POS-SPD-2015 SF-3662(10/15) ii. Centers for Disease Control and Prevention. iii. Agency for Healthcare Research and Quality. iv. Centers for Medicare and Medicaid Services. v. A cooperative group or center of any of the entities described above or the Department of Defense(DOD)or the Veteran's Administration. vi. A qualified non-governmental research entity identified in the guidelines issued by the NIH for center support grants. vii. The Department of Veteran Affairs,the DOD, or the Department of Energy as long as the study or investigation has been reviewed and approved through a system of peer review that is determined by the Secretary of Health and Human Services to meet both of the following criteria: (a) Comparable to the system of peer review of studies and investigations used by the NIH. (b) Ensures unbiased review of the highest scientific standard by qualified individuals who have no interest in the outcome of the review. b. The study or investigation is conducted under an investigational new drug application reviewed by the U.S.Food and Drug Administration. c. The study or investigation is a drug trial that is exempt from having such an investigational new drug application. d. The clinical trial must have a written protocol that describes a scientifically sound study and have been approved by all relevant institutional review boards before Participants are enrolled in the trial.We may,at any time,request documentation about the trial. e. The subject or purpose of the trial must be the evaluation or an item or service that meets the definition of a Health Service and is not otherwise excluded under the Plan. 8.06 Complications of Pregnancy. Health Care Services provided to you for the treatment of complications of pregnancy are Covered Services and shall be treated the same as any other medical Condition. Complications of pregnancy include,but are not limited to: 8.06.01 acute nephritis; 8.06.02 nephrosis; 8.06.03 cardiac decompensation; 8.06.04 eclampsia(toxemia with convulsions); 8.06.05 ectopic pregnancy; 8.06.06 uncontrolled vomiting requiring fluid replacement; 8.06.07 missed abortion(i.e.,fetal death without spontaneous abortion); 8.06.08 therapeutic and missed abortion (i.e., termination of pregnancy before the time of fetal viability due to medical danger to the pregnant woman or when the pregnancy would result in the birth of an infant with grave malformation; 8.06.09 Conditions that may require other than a vaginal delivery,such as:uterine wound separation, premature labor, unresponsive to tocolytic therapy, failed trial labor, dystocia (i.e., cephalopelvic disproportion, failure to progress, dysfunctional labor), fetal distress requiring neonatal support/intervention, breech presentation where external version is unsuccessful, active clinical herpes at delivery, placenta previa, transverse lie where external version is unsuccessful,presence of fetal anomaly; 23 SF-City of Miami Beach-Standard POS-SPD-2015 SF-3662(10/15) l 8.06.10 tubal pregnancy; . 8.06.11 miscarriages; 8.06.12 medical and surgical Conditions of similar severity; and 8.06.13 Medically Necessary non-elective cesarean section. 8.07 Dermatological Services. AvMed will cover office visits to a participating dermatologist for Medically Necessary covered services subject to Sections 2.42 and 2.71. No prior referral is required for these services. 8.08 Diabetes outpatient self-management includes all Medically Necessary equipment, supplies, and services to treat diabetes. This includes outpatient self-management training and educational services if the Participant's Primary Care Physician or the physician to whom the Participant has been referred who specializes in diabetes treatment certifies the equipment, supplies or services are Medically Necessary. Diabetes outpatient self-management training and educational services must be provided under the direct supervision of a certified diabetes educator or a board certified endocrinologist under contract with AvMed. 8.09 Diabetic Supplies. Insulin and other covered anti-diabetic drugs and diabetic supplies, including needles, syringes, lancets, lancet devices and test strips are covered under your Prescription Drug benefits. Insulin pumps when Medically Necessary and accompanied by a prescription from your Attending Physician are covered under your medical benefits. Please see Section 8.13Durable Medical Equipment. 8.10 Diagnosis and treatment of Autism Spectrum Disorder through speech therapy, occupational therapy, physical therapy, and Applied Behavior Analysis services for an individual under 18 years of age or an individual 18 years of age or older who is in high school who has been diagnosed as having a developmental disability at 8 years of age or younger. 8.10.01 Coverage shall be limited to services that are prescribed by the treating physician in accordance with a treatment plan. The treatment plan required shall include, but is not limited to, a diagnosis, the proposed treatment by type, the frequency and duration of treatment, the anticipated outcomes stated as goals, the frequency with which the treatment plan will be updated, and the signature of the treating physician. See Section IX (LIMITATIONS OF BASIC BENEFITS)for any applicable benefit maximums. 8.11 Diagnostic Imaging and Laboratory. All prescribed diagnostic imaging and laboratory tests and services including diagnostic imaging, fluoroscopy, electrocardiograms, blood and urine and other laboratory tests, and diagnostic clinical isotope services are covered when Medically Necessary and ordered by a Participating Physician as part of the diagnosis and/or treatment of a covered illness or injury or as preventive health care services. 8.12 Diagnostic Testing and Treatment Related to Attention Deficit Hyperactivity Disorder (ADHD). Coverage is subject to applicable Copayments and coverage limitations as outlined on the Schedule of Benefits. Covered services do not include those that are primarily educational or training in nature. 8.13 Durable Medical Equipment (DME). This Plan provides benefits, when Medically Necessary, for the purchase or rental of such DME that: 8.13.01 can withstand repeated use(i.e. could normally be rented and used by successive patients); 8.13.02 is primarily and customarily used to serve a medical purpose; 8.13.03 generally is not useful to a person in the absence of illness or injury; and 8.13.04 is appropriate for use in a patient's home. 8.13.05 Some examples of DME are: hospital beds, crutches, canes, walkers, wheelchairs, oxygen, respiratory equipment, apnea monitors and insulin pumps. It does not include hearing aids or corrective lenses, or the professional fee for fitting same. It also does not include medical 24 SF-City of Miami Beach-Standard POS-SPD-2015 . SF-3662(10/15) . • supplies and devices,such as a corset,which do not require prescriptions. The Plan will pay for rental of equipment up to the purchase price. Repair and/or replacements are not covered if equipment has been lost,stolen,abused or misused. 8.13.06 Oxygen is covered when Medically Necessary pursuant to AvMed's coverage guidelines, which are available free of charge upon request. The type of oxygen delivery system covered(stationary,portable,ambulatory)is based on the Participant's activity status. Initial coverage is contingent upon arterial blood gas results. Reassessment of oxygen needs through pulse oximetry at rest and after exercise is required and must be performed by an independent respiratory provider at three months after the initiation of therapy and then yearly in order to re-qualify coverage of oxygen therapy. 8.13.07 The determination of whether a covered item will be paid under the DME, orthotics or prosthetics benefits will be based upon its classification as defined by the Centers for Medicare and Medicaid Services. See Section IX (LIMITATIONS OF BASIC BENEFITS) for applicable coverage limitations." 8.14 Emergency Services.The Plan will cover all necessary physician and Hospital Services for Emergency Medical Services and Care. See Sections 2.23 and 2.25. In the event Hospital inpatient services are provided following Emergency Medical Services and Care, AvMed should be notified by the Hospital, Participant or designee, within 24-hours of the inpatient admission if reasonably possible. AvMed may elect to transfer the Participant to a Participating Provider after the Participant's condition has been stabilized and as soon as it is medically appropriate to do so. For out-of-network Emergency Services, AvMed will pay an amount equal to the greater of the three amounts specified below: 8.14.01 The median of the amount negotiated with in-network providers for the Emergency Service furnished; 8.14.02 The amount for the Emergency Services calculated using AvMed's Maximum Allowable Payment, which is the same method the Plan generally uses to determine payments for out- of-network services,and applying in-network cost-sharing; or 8.14.03 The amount that would be paid under Medicare for the Emergency Service. 8.15 General anesthesia and hospitalization services to a Participant who is under 8 years of age and is determined by a licensed dentist and the Participant's physician to require necessary dental treatment in a Hospital or ambulatory surgical center due to a significantly complex dental Condition or a developmental disability in which patient management in the dental office has proved to be ineffective; or if the Participant has one or more medical Conditions that would create significant or undue medical risk for the Participant in the course of delivery of any necessary dental treatment or surgery if not rendered in a Hospital or ambulatory surgical center. Pre-authorization by AvMed is required. There is no coverage for diagnosis or treatment of dental disease. 8.16 Habilitation Services. Covered services consist of physical therapy, speech therapy, and occupational therapy that is provided for developmental speech or language disorder, developmental coordination disorder and mixed developmental disorder. Therapy services must be performed by an appropriate registered physical, occupational or speech-language therapist licensed by the appropriate state licensing board and must be furnished under the direction and supervision of a Physician or an advanced practice nurse in accordance with a written treatment plan established or certified by the Attending Physician or advanced practice nurse. 8.16.01 Covered services take place in a participating non-residential setting separate from the home or facility in which the Participant lives. 8.16.02 Services are covered up to the point where no further progress can be documented. Services are not considered a covered benefit when measurable functional improvement is not II expected or progress has plateaued. 8.16.03 Covered Habilitation Services do not include activities or training to which the client may be entitled under federal or state programs of public elementary or secondary education or 25 SF-City of Miami Beach-Standard POS-SPD-2015 SF-3662(10/15) federally aided vocational rehabilitation. See Section IX (LIMITATIONS OF BASIC BENEFITS)for any applicable benefit maximums. 8.17 Home Health Care Services (Skilled Home Health Care). Home Health Care Services (as defined in Section 2.33) are covered when ordered by and under the direction of the Participant's Attending Physician. Home Health Care Services that do not include a medical, diagnostic, therapeutic or rehabilitative component or that do not require the skill of a registered nurse, licensed practical (vocational) nurse or other healthcare personnel are not covered. Homemaker or other Custodial Care services are not covered. See Section IX (LIMITATIONS OF BASIC BENEFITS) for any applicable benefit maximums. 8.18 Hospital Care: Inpatient. All non-emergency Hospital inpatient services received at Participating Hospitals for non-mental illness or injury are provided when prescribed by Participating Physicians and pre-authorized by AvMed. Inpatient services include semi-private room and board, birthing rooms, newborn nursery care,nursing care,meals and special diets when Medically Necessary,use of operating rooms and related facilities, the intensive care unit and services, diagnostic imaging, laboratory and other diagnostic tests, medications, biologicals, anesthesia and oxygen supplies, physical therapy, radiation therapy, respiratory therapy, and administration of blood or blood plasma. See Section 8.14 with regard to inpatient admission following Emergency Medical Services and Care. 8.18.01 Hospital Based Providers will be paid as follows. a. For non-emergency services, the level of payment for Hospital Based Providers will be determined subject to the following criteria: i. If services are performed at an AvMed Choice Network Hospital and the admitting physician is also part of the AvMed Choice Network, then the Hospital Based Provider will be paid at the highest Benefit Level. ii. If services are rendered at an AvMed Choice Network Hospital and the admitting physician is not part of the AvMed Choice Network, then the Hospital Based Provider will be paid at the middle Benefit Level. iii. If services are rendered at a PHCS Hospital, then the Hospital Based Provider will be paid at the middle Benefit Level. iv. If services are rendered at an out-of-network Hospital, then the Hospital Based Provider will be paid at the low Benefit Level. 8.19 Hospice Services. Services are available for a Participant whose Participating Physician has determined the Participant's illness will result in a remaining life span of 18 months or less. See Section IX(LIMITATIONS OF BASIC BENEFITS) for any applicable benefit maximums. 8.20 Mammograms are covered in accordance with Florida Statutes and the U.S. Preventive Services Task Force(USPSTF)preventive services recommendations (Grade A and B). One baseline mammogram is covered for female Participants between the ages of 35 and 39. A mammogram is available every two years for female Participants between the ages of 40 and 49 and a mammogram is available every year for female Participants aged 50 and older. 8.20.01 In addition, one or more mammograms a year are available when based upon a physician's recommendation for any woman who is at risk for breast cancer because of a personal or family history of breast cancer, because of having a history of biopsy-proven benign breast disease, because of having a mother, sister, or daughter who has had breast cancer, or because a woman has not given birth before the age of 30. 8.21 Mastectomy Surgery. If you have had or are going to have a mastectomy, you may be entitled to certain benefits under the Women's Health and Cancer Right's Act of 1988 (WHCRA). For individuals receiving mastectomy-related benefits, coverage will be provided in a manner determined in consultation with the Attending Physician-and the patient,for: 8.21.01 all stages of reconstruction of the breast on which the mastectomy has been performed; 26 SF-City of Miami Beach-Standard POS-SPD-2015 SF-3662(10/15) • 8.21.02 surgery and reconstruction on the other breast to produce a symmetrical appearance; and 8.21.03 prostheses and physical complications during all stages of mastectomy including lymphedemas. 8.21.04 The length of stay will not be less than that determined by the Attending Physician to be Medically Necessary in accordance with prevailing medical standards and after consultation with the Participant. The Attending Physician, after consultation with the Participant, may choose that the outpatient care be provided at the most medically appropriate setting, which may include the hospital, treating physician's office, outpatient center or home of the Participant. 8.21.05 Coverage is subject to the same Copayments or Coinsurance applicable to other medical and surgical benefits provided under the Plan, and will require prior authorization of services as applicable to other surgical procedures or hospitalizations under the Plan. 8.21.06 If you would like more information on WHCRA benefits,call AvMed at 1-877-535-1397. 8.22 Mental Health Services. Inpatient acute and intermediate, and outpatient mental health services are covered when Medically Necessary, and may be covered when a Participant is admitted to a Hospital or Other Health Care Facility. 8.22.01 Inpatient intermediate mental health services may be covered in conjunction with a 24-hour intensive, structured and supervised treatment program providing an inpatient level of care but in a non-Hospital environment, for those disorders that cannot be effectively treated in an outpatient or Partial Hospitalization environment. 8.22.02 Partial Hospitalization may be covered under a structured program of active psychiatric treatment provided in a Hospital outpatient setting or by a community mental health center, that is more intense than the care received in a Physician's or therapist's office, as an alternative to inpatient hospitalization. 8.22.03 Outpatient and intensive outpatient treatment for mental health disorders may be covered when provided by a state-licensed psychiatrist or other Physician, clinical psychologist, clinical social worker, clinical nurse specialist, nurse practitioner, physician assistant, or other qualified mental Health Professional as allowed under applicable state law. 8.22.04 Prior notification is required for mental health services. Prior authorization is required for mental health inpatient and Partial Hospitalization services. See Section IX (LIMITATIONS OF BASIC BENEFITS)for any applicable benefit maximums. 8.23 Newborn Care. All services applicable for children under the Plan are covered for an enrolled newborn child of the Covered Employee, or the enrolled newborn child of a Covered Dependent of the Covered Employee, or the newborn adopted child of the Covered Employee (as described in Section 3.02.05, from the moment of birth, including the Medically Necessary care or treatment of medically diagnosed congenital defects,birth abnormalities or prematurity, and transportation costs to the nearest facility appropriately staffed and equipped to treat the newborn's Condition when such transportation is Medically Necessary. Circumcisions are provided for up to one year from date of birth. 8.24 Nutrition Therapy. Nutritional supplements and low protein modified foods for use at home by a Participant may be covered when prescribed or ordered by a physician for the treatment of an inherited metabolic disease, e.g., phenylketonuria (PKU). Coverage shall include food products modified to be low protein for a Participant. See Section IX (LIMITATIONS OF BASIC BENEFITS) for any applicable benefit maximums. 8.25 Obstetrical and Gynecological Care. An annual gynecological examination and Medically Necessary follow-up care detected at that visit are available without the need for a prior referral from your Primary Care Physician. You do not need prior authorization from the Plan or from any other person(including a PCP) in order to obtain access to obstetrical or gynecological care from a Health Professional in the Plan's network who specializes in obstetrics or gynecology. The Health Professional,however,may be 27 SF-City of Miami Beach-Standard POS-SPD-2015 SF-3662(10/15) required to comply with certain procedures, including obtaining prior authorization for certain services, following a pre-approved treatment plan, or procedures for making referrals. For a list of participating Health Professionals who specialize in obstetrics or gynecology,please refer to your provider directory. Obstetrical care benefits as specified herein are covered and include Hospital care, anesthesia, diagnostic imaging and laboratory services for Conditions related to pregnancy. The length of maternity stay in a Hospital will be that determined to be Medically Necessary in compliance with Florida law and in accordance with the Newborns' and Mothers' Health Protection Act (NMHPA). Group health plans and health insurance issuers generally may not, under Federal law (including the NMHPA), restrict benefits for any hospital length of stay in connection with childbirth for the mother or newborn child below certain levels. These levels are as follows: 8.25.01 Hospital stays of at least 48 hours following a normal vaginal delivery, or at least 96 hours following a cesarean section (under Federal law,the Plan may not require that your provider obtain authorization from the Plan for prescribing a length of stay not in excess of 48 or 96 hours,as appropriate); 8.25.02 The Attending Physician does not need to obtain authorization from AvMed to prescribe a Hospital stay of this length; 8.25.03 The Plan will cover an extended stay, if Medically Necessary; however, the physician or Hospital must pre-certify the extended stay. 8.25.04 Shorter Hospital stays are permitted if the Attending Physician, in consultation with the mother,determines that to be best course of action. Coverage for maternity care is subject to applicable Copayments and all other Plan limits and requirements. 8.26 Orthotic Appliances. Coverage for orthotic appliances is limited to custom-made leg, arm, back and neck braces when related to a surgical procedure or when used in an attempt to avoid surgery and when necessary to carry out normal activities of daily living, excluding sports activities. Coverage includes the initial purchase, fitting or adjustment. Replacements are covered only when Medically Necessary due to a change in bodily configuration. Arch support and orthopedic shoes are covered if medically necessary because of diabetes or hammertoe. All other orthotic appliances are not covered. The determination of whether a covered item will be paid under the DME, orthotics or prosthetics benefits will be based upon its classification as defined by the Centers for Medicare and Medicaid Services. 8.27 Osteoporosis diagnosis and treatment when Medically Necessary for high-risk individuals, including but not limited to, estrogen-deficient individuals, individuals with vertebral abnormalities, individuals on long-term glucocorticoid (steroid) therapy, individuals with primary hyperparathyroidism and individuals with a family history of osteoporosis. 8.28 Other Health Care Facility(ies). All routine services of Other Health Care Facilities (see Section 2.47), including physician visits, physiotherapy, diagnostic imaging and laboratory work, may be covered when a Participant is admitted to such a facility, following discharge from a Hospital, for a Condition that cannot be adequately treated with Skilled Home Health Care Services or on an ambulatory basis. See Section IX (LIMITATIONS OF BASIC BENEFITS) for any applicable benefit maximums. 8.29 Outpatient Therapeutic Services. Covered health services for therapeutic treatments received on an outpatient basis in the home, physician's office, Other Health Care Facility or Hospital, including intravenous chemotherapy or other intravenous infusion therapy and Injectable Medications. Self- Administered Injectable Medications are only a covered benefit when included in the supplemental prescription medication benefits. 8.30 Physical, Occupational or Speech Therapy. Short-term rehabilitative physical, occupational and speech therapy provided in an outpatient or home care setting is covered to improve or restore physical functioning following disease, injury or loss of a body part. Habilitative physical, occupational and speech therapy provided in an outpatient or home care setting is covered.when provided to help a person keep,learn or improve skills and functioning for daily living. Clinical documentation or a treatment plan • 28 SF-City of Miami Beach-Standard POS-SPD-2015 SF-3662(10/15) . to support the need for therapy services or continuing therapy must be submitted for review. See Section IX(LIMITATIONS OF BASIC BENEFITS)for any applicable benefit maximums. 8.30.01 Continued therapy is only Medically Necessary when this care is prescribed by a physician in order to significantly improve,develop or restore physical functions that have been lost or impaired. Using additional diagnoses to obtain additional therapy for the same Condition is not considered Medically Necessary. Once maximum therapeutic benefit has been achieved, and there is no longer any progression, or a home exercise program could be used for any further gains, continuing supervised therapy is not considered Medically Necessary. Therapy in persons whose Condition is neither regressing nor improving is considered not Medically Necessary.Therapy in asymptomatic persons or in persons without an identifiable clinical Condition is considered not Medically Necessary. 8.30.02 Additional therapy can be considered for a new or separate Condition in a person who previously received therapy for another indication. An exacerbation or flare-up of a chronic illness is not considered a new incident of illness. 8.30.03 Home-Based Physical Therapy is Medically Necessary in selected cases based upon the Participant's needs i.e., the Participant must be homebound. This may be considered Medically Necessary in the transition of the Participant from Hospital to home, and may be an extension of case management services. 8.31 Physician Care: Inpatient. All Medical Services rendered by physicians and other Health Professionals when requested or directed by the Attending Physician, including surgical procedures, anesthesia, consultation and treatment by Specialty Health Care Physicians, laboratory and diagnostic imaging services, and physical therapy(see Section 8.30) are covered while the Participant is admitted to a Hospital as a registered bed patient. When available and requested by the Participant, the Plan covers the services of a certified nurse anesthetist licensed under Chapter 464,Florida Statutes. 8.32 Physician Care: Outpatient 8.32.01 Diagnosis and Treatment. All Medical Services rendered by physicians and other Health Professionals, are covered when Medically Necessary and when provided at Medical Offices, including surgical procedures, routine hearing examinations and vision examinations for glasses for children and adults (such examinations may be provided by optometrists licensed pursuant to Chapter 463, Florida Statutes (or, where appropriate, similar laws of another state) or by ophthalmologists licensed pursuant to Chapter 458 or 459,Florida Statutes(or where,appropriate, similar or analogous laws of another state), and consultation and treatment by Specialty Health Care Physicians. Also included are non- reusable materials and surgical supplies. These services and materials are subject to the Limitations outlined in Section IX(LIMITATIONS OF BASIC BENEFITS). 8.32.02 Preventive and Health Maintenance Services. The services of physicians for illness prevention and health maintenance,including items or services that have an A or B rating in current recommendations of the U.S. Preventive Services Task Force (USPSTF); immunizations recommended by the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention; evidence-informed preventive care and screenings for infants, children, and adolescents as provided for in the comprehensive guidelines supported by the Health Resources and Services Administration (HRSA); and additional preventive care and screening (with respect to women)provided for in guidelines supported by the Health Resources and Services Administration. 8.32.03 Hospital Based Providers who are considered Out-of-Network Providers because they do not contract with AvMed, and who provide services in an outpatient setting, will be paid at the mid-level. 8.33 Prescription Medication Benefits. Allergy serums and Chemotherapy for cancer patients are covered under the Plan's medical benefits. Coverage for insulin and other diabetic supplies is described in Section 8.09. Other retail prescription medications are a covered benefit only when the Plan includes 29 SF-City of Miami Beach-Standard POS-SPD-2015 SF-3662(10/15) supplemental prescription medication benefits; coverage is subject to the Copayment/Coinsurance provisions outlined therein. See the form entitled Prescription Medication Benefits for a•description of other prescription medication coverage. 8.34 Private Duty Nursing is covered when Medically Necessary in relationship to a covered inpatient stay. 8.35 Prosthetic Devices. This Plan provides benefits, when Medically Necessary, for prosthetic devices designed to restore bodily function or replace a physical portion of the body. Coverage for prosthetic devices is limited to artificial limbs, artificial joints, ocular prostheses and cochlear implants. Coverage includes the initial purchase, fitting or adjustment. Replacement is covered only when Medically Necessary due to a change in bodily configuration. The initial prosthetic device following a covered mastectomy is also covered. Replacement of intraocular lenses is covered only if there is a change in prescription that cannot be accommodated by eyeglasses. All other prosthetic devices are not covered, including prosthetic devices for Deluxe, Myo-electric and electronic prosthetic devices. The determination of whether a covered item will be paid under the DME, orthotics or prosthetics benefits will be based upon its classification as defined by the Centers for Medicare and Medicaid Services. 8.36 Second Medical Opinions. The Participant is entitled to a second medical opinion when he disputes the appropriateness or necessity of a surgical procedure or is subject to a serious injury or illness. 8.36.01 The Participant may obtain a second medical opinion from any participating or Non- Participating physician, chosen by the Participant. If a Participating Physician is chosen, there is no cost to the Participant other than any applicable Copayment or Coinsurance. If the Participant chooses an Out-of-Network Provider, the Participant will be responsible for 40%-of the amount of the Maximum Allowable Payment associated with the consultation. 8.36.02 Any tests that may be required to render the second medical opinion must be arranged by AvMed and performed by Participating Providers. Once a second medical opinion has been rendered, AvMed shall review and determine the treatment obligations of the Plan, and that judgment is controlling, subject to the Plan's appeals process. Any treatment the Participant obtains that is not authorized by AvMed shall be at the Participant's expense. 8.36.03 The Plan may limit second medical opinions in connection with a particular diagnosis or treatment to three per Plan Year, if additional opinions are deemed to be an unreasonable over-utilization by the Participant. 8.37 Sexual dysfunction/impotence is covered the same as any other Condition subject to Medical Necessity and Utilization Management guidelines as noted in sections 2.42 and 2.71. 8.38 Spinal manipulations will be covered only when Medically Necessary, subject to Sections 2.42 and 2.71. No prior referral is required. See Section IX (LIMITATIONS OF BASIC BENEFITS) for any applicable benefit maximums. 8.39 Substance Abuse Services. Inpatient, intermediate and outpatient substance abuse services are covered when Medically Necessary, and may be covered when a Participant is admitted to a Hospital or Other Health Care Facility. 8.39.01 Inpatient intermediate substance abuse services may be covered in conjunction with a 24 hour intensive, structured and supervised treatment program providing an inpatient level of care but in a non-Hospital environment, for those disorders that cannot be effectively treated in an outpatient or Partial Hospitalization environment. 8.39.02 Partial Hospitalization may be covered under a structured program of active psychiatric treatment provided in a Hospital outpatient setting or by a community mental health center, that is more intense than the care received in a physician's or therapist's office, as an alternative to inpatient hospitalization. 8.39.03 Outpatient and intensive outpatient treatment for substance use disorders may be covered when provided by a state-licensed psychiatrist or other physician, clinical psychologist, • 30 SF-City of Miami Beach-Standard POS-SPD-2015 SF-3662(10/15) clinical social worker, clinical nurse specialist, nurse practitioner, physician assistant, or other qualified substance abuse professional as allowed under applicable state law. 8.39.04 Prior notification is required for substance abuse services. Prior authorization is required for substance abuse inpatient and Partial Hospitalization services. See Section IX (LIMITATIONS OF BASIC BENEFITS)for any applicable benefit maximums. 8.40 Supplies. Ostomy,urostomy and wound care supplies are covered when Medically Necessary. Wound care supplies are covered as part of an approved treatment plan,when the wound is caused by or treated by a surgical procedure, or requires debridement. Items which are not medical supplies or which could be used by the Participant or a family member for purposes other than ostomy care are not covered. 8.41 Temporomandibular Joint Dysfunction(TMJ). Includes Medically Necessary treatment for jaw joint problems including temporomandibular joint disorder, craniomaxillary, craniomandibular disorder or other conditions of the joint linking the jaw bone and skull and treatment of the facial muscles used in expression and mastication functions, for symptoms including but not limited to, headaches. These expenses do not include charges for orthodontic services. 8.42 Transgender Reassignment Services. All medically necessary Transgender Reassignment services are covered, including gender reassignment services (surgical and facility fees) hormone therapy, mental health services,lab,x-rays,and diagnostic testing. 8.43 Transplant services,limited to the procedures listed below, are covered when performed at an AvMed contracted transplant facility, subject to the Conditions and Limitations described below. Transplant services are subject to Prior Authorization. Transplant includes pre-transplant, transplant and post- discharge services,and treatment of complications after transplantation. 8.43.01 The Plan will pay benefits only for services, care and treatment received or provided in connection with: a. a Bone Marrow Transplant, which is specifically listed in Rule 59B-12.001, Florida Administrative Code, or any successor or similar rule or covered by Medicare as described in the most recently published Medicare Coverage Issues Manual issued by the Centers for Medicare and Medicaid Services. The Plan will cover the expenses incurred for the donation of bone marrow by a donor to the same extent such expenses would be covered for the Participant and will be subject to the same Limitations and Exclusions as would be applicable to the Participant. Coverage for reasonable expenses of searching for the donor will be limited to a search among immediate family members and donors identified through the National Bone Marrow Donor Program. v. Bone Marrow Transplant means human blood precursor cells administered to a patient to restore normal hematological and immunological functions following ablative therapy. Human blood precursor cells may be obtained for the patient in an autologous transplant, or an allogeneic transplant from a medically acceptable related or unrelated donor, and may be derived from bone marrow, the circulating blood, or a combination of bone marrow and circulating blood. If chemotherapy is an integral part of the treatment involving bone marrow transplantation, the term `Bone Marrow Transplant' includes the transplantation as well as the administration of chemotherapy and the chemotherapy medications. The term `Bone Marrow Transplant' also includes any services or supplies relating to any treatment or therapy involving the use of high dose or intensive dose chemotherapy and human blood precursor cells and includes any and all Hospital, physician or other health care provider services which are rendered in order to treat the effects of, or complications arising from, the use of high dose or intensive dose chemotherapy or human blood precursor cells(e.g.,Hospital room and board and ancillary services); b. corneal transplant; 31 SF-City of Miami Beach-Standard POS-SPD-2015 SF-3662(10/15) • • c. heart transplant (including a ventricular assist device, if indicated, when used as a bridge to heart transplantation); d. heart-lung combination transplant; e. liver transplant f. kidney transplant; g. pancreas only transplant; h. pancreas transplant performed simultaneously with a kidney transplant;or i. lung-whole single or whole bilateral 8.43.02 The Plan will cover donor costs and acquisition for transplants, other than Bone Marrow Transplants, provided such costs are not covered in whole or in part by any other carrier, organization or person other than the donor's family or estate. 8.44 Urgent Care Services. All necessary and covered services received in Urgent or Immediate Care Centers, retail clinics or a Primary Care Physician's office after-hours for Conditions as described in Section 2.69 will be covered by the Plan. In addition, any Participant requests for reimbursement (of payment made by the Participant for services rendered) must be filed within 90 days after the emergency or as soon as reasonably possible but not later than one year unless the Claimant was legally incapacitated. 8.45 Ventilator Dependent Care. With prior authorization by AvMed, Ventilator Dependent Care is covered. (See Section 2.72). 8.46 Wigs are covered for cancer patients with hair loss resulting from chemotherapy and/or radiation therapy. IX. LIMITATIONS OF BASIC BENEFITS The rights of Participants and obligations of Participating Providers hereunder are subject to the following Limitations: 9.01 Accidental Dental Injury Services. Treatment must begin within 90 days from the date of injury and must be completed within twelve months from date of injury. 9.02 Cardiac Rehabilitation. Phase I (Inpatient cardiac rehabilitation), and Phase II (Clinic and outpatient supervised program)are covered; Phase III programs (unsupervised exercise program) are not covered. 9.03 Chiropractic services including spinal manipulations are limited to 20 visits per Plan Year included in rehabilitative therapies maximum. 9.04 Cosmetic Surgery Cosmetic. Cosmetic surgery requires prior authorization beginning 10/1/15. Services will only be considered if due to bodily injury or illness and functional impairment is present. 9.05 Diabetic Shoe Supports. Arch support and orthopedic shoes are covered only if medically necessary because of diabetes or hammertoe. 9.06 Habilitative physical, occupational & speech therapies are limited to a combined maximum of 100 visits per Plan Year for the treatment of Autism Spectrum Disorder. 9.07 Home Health Care Services (Skilled Home Health Care)visits are limited to a period of two hours or less per visit and 40 visits per Plan Year,including 40 hours of part-time services at 8 hours per day. 9.08 Hyperbaric oxygen treatments are limited to 40 treatments per Condition as appropriate, pursuant to the Centers for Medicare and Medicaid Services (CMS) guidelines, subject to applicable Copayments as listed for physical, occupational and speech therapies. 32 SF-City of Miami Beach-Standard POS-SPD-2015 SF-3662(10/15) • 9.09 Mental Health and Substance Abuse Treatment. Inpatient intermediate care for treating mental health and substance abuse is limited to a combined total of 30 days per Plan Year.Prior authorization is required. 9.10 Nutrition therapy is covered for diabetes treatment only. 9.11 Obesity services are covered,except bariatric and Morbid Obesity surgery. 9.12 Orthotic Appliances. Coverage for orthotic appliances is limited to custom-made braces for the leg, arm, back and neck when related to a surgical procedure or when used in an attempt to avoid surgery and when necessary to carry out normal activities of daily living,excluding sports activities. 9.13 Other Health Care Facility(ies). All routine inpatient services of Other Health Care Facilities and Skilled Nursing Facilities (see Section 2.47), including physician visits, physiotherapy, diagnostic imaging and laboratory work, are covered for a maximum of 30 days per Plan Year, excluding mental health and substance abuse services. 9.14 Preventive care services for adult is covered, limiting to one visit per Participant per Calendar Year for routine care exam,and one visit per Participant per Calendar Year for routine well woman exam. 9.15 Private Duty Nursing. Private duty nursing is provided inpatient only. 9.16 Prosthetic Devices. Coverage for prosthetic devices is limited to artificial limbs, artificial joints, ocular prostheses and cochlear implants. 9.17 Rehabilitative Physical, Occupational, Speech Therapy. Coverage of outpatient physical, occupational, speech therapy is limited to a combined total of 60 visits per Plan Year including evaluations. Therapies provided in the home should be attributed to the limitation for Home Health services. 9.18 Routine Eye-Care.Routine eye-care is covered,excluded refractions. 9.19 Second Medical Opinions. AvMed may limit second medical opinions in connection with a particular diagnosis or treatment to three per Plan Year, if AvMed deems additional opinions to be an unreasonable over-utilization by the Participant. 9.20 Skilled Nursing Facilities and Rehabilitation Centers. Routine services are covered up to a combined maximum of 30 days post-hospitalization days per Plan Year. 9.21 Supplies. Provision of ostomy and urostomy supplies is limited to a one-month supply every 30 days, and a maximum of$2,500 per Plan Year. 9.22 Transportation for Major Organ Transplant Services. Transportation for transplant services is administered through Optum Health, an AvMed third party partner. Charges are limited to $10,000 lifetime maximum for a companion to accompany the Participant(or 2 companions when the patient is a minor) and the Participant lives more than 100 miles from the approved transplant facility. This is a benefit available only when the transplant is authorized at one of AvMed's contracted transplant facilities nationwide. 9.23 Ventilator Dependent Care. The total benefit for Ventilator Dependent Care is limited to a lifetime maximum of 100 calendar days. X. EXCLUSIONS FROM BASIC BENEFITS Medical Services and benefits for the following classifications and Conditions are not covered and are excluded from the Schedule of Basic Benefits provided under this Plan: 10.01 Acupuncture is not covered. 10.02 Aids or devices that assist with nonverbal communications, including but not limited to communication boards, prerecorded speech devices, laptop computers, desktop computers, Personal Digital Assistants (PDAs)Braille typewriters,visual alert systems for the deaf and memory books. 33 SF-City of Miami Beach-Standard POS-SPD-2015 SF-3662(10/15) 10.03 Armed forces service-connected medical care for both sickness and injury. J rY. 10.04 Autopsy or postmortem examinations and associated services. 10.05 Breast Reduction or Augmentation. Surgery for the reduction or augmentation of the size of the breasts except as required for the comprehensive treatment of breast cancer. 10.06 Complementary or alternative medicine including but not limited to aromatherapy, Ayurvedic medicine such as lifestyle modifications, purification and massage therapies; behavioral training, biofield therapies; bioelectromagnetic applications and medicine; biofeedback; chelation therapy; environmental medicine including the field of clinical ecology; herbal therapies; homeopathic medicine and counseling;hypnotherapy;mind-body interactions such as meditation,imagery,yoga,dance,and art therapy; manual healing methods such as the Alexander technique, massage therapy including but not limited to:, craniosacral balancing, Feldenkrais method, Hellerwork, reflexology, Rolfing, shiatsu, traditional Chinese massage, Trager therapy, trigger-point myotherapy, and polarity therapy; naturopathic medicine; prayer and mental healing; Reichian therapy, Reiki, self-care and self-help training; sex therapy, SHEN therapy, sleep therapy, therapeutic touch; thermography; traditional Chinese medicine including acupuncture and vocational rehabilitation. NOTE: Acupuncture may be covered in lieu of generally accepted anesthesia if a Participant is referred to the acupuncturist by a Physician, treatment is deemed medically necessary, and provided within the scope of the acupuncturist's license. 10.07 Complications of any non-covered service,including the evaluation or treatment of any Condition that • arises as a complication of a non-covered service. 10.08 Cosmetic, surgical or non-surgical procedures which are undertaken primarily to improve or otherwise modify the Participant's external appearance are excluded, except for reconstructive surgery to correct and repair a functional disorder as a result of a disease, injury, or congenital defect or initial implanted prosthesis and reconstructive surgery incident to a mastectomy for cancer of the breast. Also excluded are surgical excision or reformation of any sagging skin of any part of the body,including,but not limited to: the eyelids, face, neck, abdomen, arms, legs or buttocks; any services performed in connection with the enlargement, reduction, implantation or change in appearance of a portion of the body, including, but not limited to: the face, lips,jaw, chin, nose, ears, breasts or genitals (including circumcision, except newborns for up to one year from date of birth (see Section 8.21); hair transplantation, chemical face peels or abrasion of the skin,electrolysis depilation,removal of tattooing; or any other surgical or non-surgical procedures which are primarily for cosmetic purposes or to create body symmetry. Additionally, all medical complications as a result of cosmetic, surgical or non- surgical procedures are excluded. Plastic (Reconstructive/Cosmetic) are only covered if medically necessary and if they comply with AvMed's medical coverage policies. 10.09 Cosmetics,Dietary Supplements,Health or Beauty Aids. 10.10 Custodial Care as defined in Section 2.17. 10.11 Dental Care,as defined in Section 2.21,for any Condition except: 10.11.01 services, supplies or appliances for Dental Care necessary to promptly repair (but not replace), sound natural teeth required as a result of and directly related to an accidental injury sustained while covered under the Plan. Treatment must begin within 90 days from date of injury and must be completed within 12 months from date of injury; 10.11.02 reconstructive jaw surgery for the treatment of deformities that are present and apparent at birth;or 10.11.03 services for the treatment of tumors or full mouth extraction when required before radiation therapy. 10.12 Diagnostic testing and treatment extended beyond the period necessary for evaluation and diagnosis of learning and behavioral disabilities or for mental retardation. 34 SF-City of Miami Beach-Standard POS-SPD-2015 SF-3662(10/15) 10.13 Durable Medical Equipment (DME) items that are not covered include, but are not limited to the following: 10.13.01 bed related items: bed trays, over the bed tables, bed wedges, pillows, custom bedroom equipment,mattresses, including non-power mattresses, custom mattresses and posturepedic mattresses; 10.13.02 bath related items: bath lifts, non-portable whirlpools,bathtub rails, toilet rails,raised toilet seats,bath benches,bath stools,hand held showers,paraffin baths,bath mats,and spas; 10.13.03 chairs, lifts and standing devices: computerized or gyroscopic mobility systems, roll about chairs, geriatric chairs, hip chairs, seat lifts (mechanical or motorized), patient lifts (mechanical or motorized — manual hydraulic lifts are covered if patient is 2-person transfer),and auto tilt chairs; 10.13.04 electric or powered scooters;non-standard customized wheelchairs,motorized or manual; 10.13.05 fixtures to real property: ceiling lifts and wheelchair ramps; 10.13.06 car/van modifications; 10.13.07 air quality items: air conditioners, room humidifiers, vaporizers, air purifiers and electrostatic machines; 10.13.08 blood/injection related items: blood pressure cuffs, centrifuges, nova pens and needleless injectors; and 10.13.09 other equipment: heat lamps, heating pads, cryounits, cryotherapy machines, electronic- controlled therapy units, ultraviolet cabinets, sheepskin pads and boots, postural drainage board, AC/DC adaptors, enuresis alarms, magnetic equipment, scales (baby and adult), stair gliders, elevators, saunas, any exercise equipment, emergency alert equipment and diathermy machines. 10.13.10 The replacement of Durable Medical Equipment solely because it is old or used is excluded. 10.14 Emergency Room Services for Non-Emergency Purposes. See Sections 2.24 and 2.25. 10.15 Exercise programs, gym memberships, or exercise equipment of any kind, including, but not limited to: exercise bicycles, treadmills, stairmasters, rowing machines, free weights or resistance equipment. Also excluded are massage devices, portable whirlpool pumps, hot tubs, jacuzzis, sauna baths, swimming pools and similar equipment. 10.16 Experimental and/or Investigational procedures, except for bone marrow transplants, as approved per Section 59B-12.001, Florida Administrative Code, and cancer clinical trials as set forth in the Florida Clinical Trials Agreement,effective July 1,2010(see Section 8.05). 10.17 Eye care including: 10.17.01 eye examinations for the purpose of determining vision refraction; 10.17.02 training or orthoptics,including eye exercises; or 10.17.03 radial keratotomy, refractory keratoplasty, Lasik surgery or any other corneal surgical procedure to correct refractive error. 10.18 Foot supports are not covered, except for diagnosis of diabetes and hammertoe. These including orthopedic or specialty shoes, shoe build-ups, shoe orthotics, shoe braces, and shoe supports. Also excluded is routine foot care,including trimming of corns,calluses,and nails. 10.19 Habilitation Services. Non-covered Habilitation Services include, but are not limited to: home-based Habilitation Services, institutional based Habilitation Services, personal assistance/ attendant care services; errand services; transportation to and from training facilities unless provided by training facility; family education and training, family support services;prevocational services designed to assist a Participant in acquiring basic work skills; supportive employment habilitation; respite care/ camps/ 35 SF-City of Miami Beach-Standard POS-SPD-2015 SF-3662(10/15) • 1 i hotel respite, room and board; services that are purely educational in nature, personal training or life coaching; Custodial Care (care that is provided primarily to assist in the activities of daily living, such as bathing, dressing, eating, and maintaining personal hygiene and safety and could be provided by people without professional skills or training). 10.20 Hearing aids (external or implantable) and services related to the fitting or provision of hearing aids, including tinnitus maskers,batteries,and the cost of repairs. 10.21 Home monitoring devices and measuring devices (other than apnea monitors), and any other equipment or devices for use outside the Hospital. 10.22 Hospital Services that are associated with Excluded Surgery or Excluded Dental Care. 10.23 Infertility diagnosis, treatment, and supplies, including infertility testing, treatment of infertility, diagnostic procedures and artificial insemination, to determine or correct the cause or reason for infertility or inability to achieve conception. This includes artificial.insemination, in-vitro fertilization, ovum or embryo placement or transfer, gamete intra-fallopian tube transfer, or cryogenic or other preservation techniques used in such or similar procedures.. Medications for the treatment of infertility are not covered. 10.24 Immunizations and medications for the purpose of foreign travel or employment. 10.25 Mandibular and maxillary osteotomies except when Medically Necessary to treat Conditions caused by congenital or developmental deformity, disease,or injury. 10.26 Medical supplies including, but not limited to: pre-fabricated splints, Thromboemboletic/Support hose and all other bandages,except as provided in Sections 8.13 and 8.40. 10.27 Mental Health Services shall not be covered if treatment is: 10.27.01 rendered in connection with a Condition not classified in the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association;or 10.27.02 extended beyond the period necessary for diagnosis of learning and behavioral disabilities or for mental retardation;or 10.27.03 for marriage counseling; or 10.27.04 court ordered care or testing,or required as a Condition of probation or parole; or 10.27.05 testing for aptitude,ability,intelligence,or interest. 10.28 Morbid Obesity is not covered,including bariatric surgery. 10.29 Nutrition Therapy. Vitamins, dietary supplements, and dietary formulas; except formulas, nutritional supplements or low protein modified food products for the treatment of an inherited metabolic disease, e.g.phenylketonuria(PKU)through age 24. 10.30 Organ Donor Treatment and Services. The Medical Services and Hospital Services for a donor or prospective donor who is a Plan Participant when the recipient of an organ transplant is not a Plan Participant. Coverage is provided for costs associated with the bone marrow donor-patients to the same extent as the insured recipient. The reasonable costs of searching for the bone marrow donor are limited to a Participant's family members and the National Bone Marrow Donor Program. Post-transplant donor complications will not be covered. 10.31 Over-the-counter medications, and prescription medications not otherwise covered as required by applicable State or federal law,or under this Summary Plan Description. 10.32 Personal comfort items not Medically Necessary for proper medical care as part of the therapeutic plan to treat or arrest the progression of an illness or injury. This Exclusion includes, but is not limited to: personal care kits, guest meals and accommodations, maid services, televisions/radios, telephone charges, photographs, complimentary meals, birth announcements, take home supplies, travel expenses 36 SF-City of Miami Beach-Standard POS-SPD-2015 SF-3662(10/15) . (other than Medically Necessary ambulance services that are provided for in Section 8.02, or as described in 921),air conditioners,humidifiers,dehumidifiers,and air purifiers or filters. 10.33 Physical examinations or tests, such as premarital blood tests or tests for continuing employment, education,licensing,or insurance or that are otherwise required by a third party. 10.34 Physical, Occupational, Speech and All Other Therapies for Chronic Conditions. Non-covered services include: services that involve non-diagnostic,non-therapeutic,routine,or repetitive procedures to maintain general welfare and do not require the skilled assistance of a licensed therapist; services such as general exercise programs to promote overall fitness and endurance,for diversion or for general motivation.Maintenance therapy is not covered.Maintenance therapy begins when the therapeutic goals of a treatment plan have been met and/or no further functional progress is expected. Speech therapy for non-organic or functional disorders is not covered,except for the initial evaluation to determine the root cause. Examples include attention deficit disorder, mental retardation, and Down's syndrome. Abnormal speech pathology, including but not limited to lisping and stuttering,is not covered. Physical therapy modalities that are considered investigational and not covered include, but are not limited to: Interactive Metronome Program, Augmented Soft Tissue Mobilization, Kinesio Taping/Taping, MEDEK Therapy, Hands-Free Ultrasound and Low-Frequency Sound (Infrasound), and Hivamat Therapy(Deep Oscillation Therapy). 10.35 Private duty nursing services except when Medically Necessary in relationship to a covered inpatient stay. 10.36 Rehabilitation Programs. Vocational rehabilitation, long term rehabilitation, or any other rehabilitation program. 10.37 Removal of benign skin lesions including,but not limited to,warts,moles, skin tags, lipomas,keloids and scars is not covered,even with a recommendation or prescription by a physician. 10.38 Reversal of Sterilization Procedures. 10.39 Sports-related devices, services and medications used to affect performance primarily in sports- related activities; all expenses related to physical conditioning programs such as athletic training, bodybuilding, exercise,fitness,flexibility,and diversion or general motivation. 10.40 Surgically implanted devices and any associated external devices, except for cardiac pacemakers, intraocular lenses, cochlear implants, ventricular assist devices (when used as a bridge to heart transplant),artificial joints,orthopedic hardware and vascular grafts. Dental appliances,other corrective lenses and hearing aids,including the professional fee for fitting them,are not covered. 10.41 Termination of pregnancy unless deemed Medically Necessary by the Medical Director, subject to applicable State and Federal laws or as specified in the Elective Termination of Pregnancy amendment to the SPD. 10.42 Travel expenses except in accordance with Section 8.02, or as described in Section 9.22. Ambulance services including expenses for ambulance services to and from a physician or Hospital are not covered when the skill of medically trained personnel is not required and the Participant can be safely transported by other means. 10.43 Training and educational programs or materials including, but not limited to, programs or materials for Pain Management and vocational rehabilitation,except as provided under Section 8.08. 10.44 Treatment of a Condition resulting from: 10.44.01 participation in a riot or rebellion; 10.44.02 engagement in an illegal occupation; 10.44.03 participation in, or commission of, any act punishable by law as a felony whether or not the individual is charged or convicted. 37 SF-City of Miami Beach-Standard POS-SPD-2015 SF-3662(10/15) • a. Coverage for such injuries will be available for situations in which the Participant demonstrates that the injury resulted from an act of domestic violence or from a medical Condition (including both physical and mental health Conditions), whether or not the Condition has been diagnosed before the occurrence of the injury. 10.45 Weight control services including,but not limited to,any service or treatment to lose, gain,or maintain weight,including and without limitation,any weight control/loss program,appetite suppressants;dietary regimens; food or food supplements; exercise programs or equipment; whether or not it is part of a treatment plan for a Condition,except as noted in Section 9.11. 10.46 Workers' Compensation Benefits.Any sickness or injury for which the Participant is paid benefits, or may be paid benefits if claimed, if the Participant is covered or required to be covered by Workers' Compensation. In addition, if the Participant enters into a settlement giving up rights to recover past or future medical benefits under a Workers' Compensation law, the Plan shall not cover past or future Medical Services that are the subject of or related to that settlement. Furthermore, if the Participant is covered by a Worker's Compensation program that limits benefits if other than specified health care providers are used and the Participant receives care or services from a health care provider not specified by the program,the Plan shall not cover the balance of any costs remaining after the program has paid. XI. COORDINATION OF BENEFITS 11.01 The services and benefits provided under this Plan are not intended to and do not duplicate any benefit to which Participants are entitled-under any other Group Health Insurance, HMO, personal injury protection and medical payments under the automobile insurance laws of this or any other jurisdiction, governmental organization, agency, or any other entity providing health or accident benefits to a Participant, including but not limited to: Medicare, Worker's Compensation, Public Health Service, CHAMPUS, Maritime Health Benefits, or similar state programs as permitted by contract, policy, or law. Plan coverage will be primary to Medicaid and Children's Health Insurance Program (CHIP) benefits. 11.02 If any Participant is eligible for services or benefits under two or more plans as set forth in Section 11.01, the coverage under those plans will be coordinated so that up to but not more than 100% of any eligible expense will be paid for or provided by all such plans combined. The Participant shall execute and deliver such instruments and papers as may be required and do whatever else is necessary to secure such rights to the Plan. Failure to do so will result in nonpayment of Claims. Requested information should be provided to AvMed within 30 days of request or Participant will be responsible for payment of the Claim. Information received after one year from date of service will not be considered. 11.03 The standards governing the coordination of benefits are the following, in accordance with the provisions of Chapter 627.4235,Florida Statutes: 11.01.01 The benefits of a policy or plan that covers the person as an employee, Participant, or Covered Employee, other than as a dependent, are determined before those of the policy or plan which covers the person as a dependent. 11.03.01 Except as stated in Section 11.03.02, when two or more policies or plans cover the same child as a dependent of different parents: a. The benefits of the policy or plan of the parent whose birthday, excluding year of birth, falls earlier in a year are determined before the benefits of the policy or plan of the parent whose birthday,excluding year of birth,falls later in the year;but b. If both parents have the same birthday, the benefits of the policy or plan which covered the parent for a longer period of time are determined before those of the policy or plan which covered the parent for a shorter period of time. c. However, if a policy or plan subject to the rule based on the birthday of the parents as stated above coordinates with an out-of-state policy or plan which contains provisions 38 SF-City of Miami Beach-Standard POS-SPD-2015 SF-3662(10/15) under which the benefits of a policy or plan which covers a person as a dependent of a male are determined before those of a policy or plan which covers the person as a dependent of a female and if, as a result,the policies or plans do not agree on the order of benefits, the provisions of the other policy or plan shall determine the order of benefits. 11.03.02 If two or more policies or plans cover a dependent child of divorced or separated parents, benefits for the child are determined in this order: a. First,the policy or plan of the parent with custody of the child; b. Second,the policy or plan of the spouse of the parent with custody of the child; and c. Third,the policy or plan of the parent not having custody of the child. d. However, if the specific terms of a court order state that one of the parents is responsible for the health care expenses of the child and if the entity obliged to pay or provide the benefits of the policy or plan of that parent has actual knowledge of those terms, the benefits of that policy or plan are determined first. This does not apply with respect to any Claim determination period or plan or policy year during which any benefits are actually paid or provided before that entity has that actual knowledge. 11.03.03 The benefits of a policy or plan which covers a person as an employee who is neither laid off nor retired, or as that employee's dependent, are determined before those of a policy or plan which covers that person as a laid off or retired employee or as that employee's dependent. If the other policy or plan is not subject to this rule, and if, as a result, the policies or plans do not agree on the order of benefits,this Section shall not apply. 11.03.04 If none of the rules in Sections 11.01.01 through 11.03.03 determine the order of benefits, the benefits of the policy or plan which covered an employee, Participant or Covered Employee for a longer period of time are determined before those of the policy or plan which covered that person for the shorter period of time. 11.03.05 Coordination of benefits shall not be permitted against an indemnity-type policy, an excess insurance policy as defined in Chapter 627.635, Florida Statutes, a policy with coverage limited to specified illnesses or accidents,or a Medicare supplement policy. However,if the person is also a Medicare beneficiary, and if the rule established under the Social Security Act of 1965, as amended, makes Medicare secondary to the plan covering the person as a dependent of an active employee,the order of benefit determination is: a. First, benefits of a plan covering a person as an employee, Participant, or Covered Employee: b. Second,benefits of a plan of an active worker covering a person as a dependent. c. Third,Medicare benefits. 11.03.06 Medicare shall be considered the secondary plan and this Plan shall be considered the primary plan with respect to the following Participants entitled to Medicare: a. For Medicare entitlement due to age,active employees and their spouses; b. For Medicare entitlement due to disability, employees under this Plan due to current employment status and their family Members; c. For Medicare entitlement due to end-stage renal disease, all Participants during the first 30 months of Medicare entitlements. d. For all other Participants entitled to Medicare,this Plan shall be secondary plan. When this Plan is secondary to Medicare,the amount payable under this Plan shall be reduced by the amount payable under Medicare,if any,regardless of whether the Participant has enrolled in Medicare. 39 SF-City of Miami Beach-Standard POS-SPD-2015 SF-3662(10/15) • 11.03.07 If an individual is covered under COBRA continuation coverage and also under another group plan,the following order of benefits applies: a. First,the plan covering the person as an employee or as the employee's dependent. b. Second, the coverage purchased under the plan covering the person as a former employee, or as the former employee's dependent provided according to the provisions of COBRA. 11.04 For the purpose of determining the applicability and implementing the terms of the Coordination of Benefits provision of the Plan,AvMed may,without the consent of or notice to any person,release to or obtain from any other insurance company,organizations or person,any information,with respect to any Participant,or applicant for participation,which AvMed deems to be necessary for such purposes. 11.05 Whenever payments which should have been made under this Plan in accordance with this provision have been made under any other plans, the Plan shall have the right, exercisable alone and in its sole discretion, to pay over to any organizations making such other payments any amounts the Plan shall determine to be warranted in order to satisfy the intent of this provision, and amounts so paid shall be deemed to be benefits paid under this Plan. 11.06 All treatments must be Medically Necessary and comply with all terms, conditions, Limitations, and Exclusions of this Plan even if this Plan is secondary to other coverage and the treatment is covered under the other coverage. 11.07 If the amount of the payments made by the Plan is more than it should have paid under the provisions of this Section XI,it may recover the excess from one or more of the persons it has paid or for whom it has paid; or any other person or organization that may be responsible for the benefits or services provided for the Participant. The `amount of the payments made' includes the reasonable cash value of any benefits;provided in the form of services. 11.08 In the event the Employer offers Health Reimbursement Arrangements (HRA) in connection with this Plan,the HRA is intended to pay solely for otherwise un-reimbursed medical expenses. Accordingly,it shall not be considered a group health plan for coordination of benefits purposes, and its benefits shall not be taken into account when determining benefits payable under any other plan. XII. SUBROGATION AND RIGHT OF RECOVERY 12.01 If the Plan provides health care benefits to a Participant for injuries or illness for which another party is or may be responsible, then the Plan retains the right to repayment of the full cost of all benefits provided by the Plan on behalf of the Participant that are associated with the injury or illness for which another party is or may be responsible. The Plan's rights of recovery apply to any recoveries made by or on behalf of the Participant from the following third-party sources, as allowed by law, including but not limited to: payments made by a third-party tortfeasor or any insurance company on behalf of the third-party tortfeasor; any payments or awards under an uninsured or underinsured motorist coverage policy; any worker's compensation or disability award or settlement; medical payments coverage under any automobile policy, premises or homeowners medical payments coverage or premises or homeowners insurance coverage; any other payments from a source intended to compensate a Participant for injuries resulting from an accident or alleged negligence. For purposes of this SPD, a tortfeasor is any party who has committed injury, or wrongful act done willingly, negligently or in circumstances involving strict liability,but not including breach of contract for which a civil suit can be brought. 12.02 Participant specifically acknowledges the Plan's right of subrogation. When the Plan provides health care benefits for injuries or illnesses for which a third party is or may be responsible, the Plan shall be subrogated to the Participant's rights of recovery against any party to the extent of the full cost of all benefits provided by the Plan, to the fullest extent permitted by law. The Plan may proceed against any party with or without.the Participant's consent. 40 SF-City of Miami Beach-Standard POS-SPD-2015 SF-3662(10/15) . 12.03 Participant also specifically acknowledges the Plan's right of reimbursement. This right of reimbursement attaches, to the fullest extent permitted by law, when the Plan has provided health care benefits for injuries or illness for which another party is or may be responsible and the Participant and/or the Participant's representative has recovered any amounts from the third party or any party making payments on the third party's behalf. By providing any benefit under this SPD, the Plan is granted an assignment of the proceeds of any settlement,judgment or other payment received by the Participant to the extent of the full cost of all benefits provided by the Plan. The Plan's right of reimbursement is cumulative with and not exclusive of the Plan's subrogation right and the Plan may choose to exercise either or both rights of recovery. 12.04 Participant and the Participant's representatives further agree to: 12.04.01 notify the Plan promptly and in writing when notice is given to any third party of the intention to investigate or pursue a Claim to recover damages or obtain compensation due to injuries or illness sustained by the Participant that may be the legal responsibility of a third party; and 12.04.02 cooperate with the Plan and do whatever is necessary to secure the Plan's rights of subrogation and/or reimbursement under this SPD; and 12.04.03 give the Plan a first-priority lien on any recovery, settlement or judgment or other source of compensation which may be had from a third party to the extent of the full cost of all benefits associated with injuries or illness provided by the Plan for which a third party is or may be responsible (regardless of whether specifically set forth in the recovery, settlement, judgment or compensation agreement); and 12.04.04 pay, as the first priority, from any recovery, settlement or judgment or other source of compensation, any and all amounts due the Plan as reimbursement for the full cost of all benefits associated with injuries or illness provided by the Plan for which a third party is or may be responsible (regardless of whether specifically set forth in the recovery, settlement, judgment or compensation agreement), unless otherwise agreed to by the Plan in writing; and 12.04.05 do nothing to prejudice the Plan's rights as set forth above. This includes,but is not limited to, refraining from making any settlement or recovery,which specifically attempts to reduce or exclude the full cost of all benefits,provided by the Plan. 12.05 The Plan may recover the full cost of all benefits provided by the Plan under this SPD without regard to any Claim of fault on the part of the Participant, whether by comparative negligence or otherwise. No court costs or attorney fees may be deducted from the Plan's recovery without the prior express written consent of the Plan. In the event the Participant or the Participant's representative fails to cooperate with the Plan, the Participant shall be responsible for all benefits paid by the Plan in addition to costs and attorney's fees incurred by the Plan in obtaining repayment. XIII. DISCLAIMER OF LIABILITY 13.01 Neither AvMed nor the Plan directly employs any practicing physicians nor any Hospital personnel or physicians.These health care providers are independent contractors and are not the agents or employees of AvMed. AvMed shall be deemed not to be a health care provider with respect to any services performed or rendered by any such independent contractors. Participating Providers maintain the physician/patient relationship with Participants and are solely responsible for all Medical Services which Participating Providers render to Participants. Therefore, neither AvMed nor the Plan shall be liable for any negligent act or omission committed by any independent practicing physicians, nurses or medical personnel, nor any Hospital or health care facility, its personnel, other Health Professionals or any of their employees or agents who may, from time to time,provide Medical Services to a Participant. Furthermore,neither AvMed nor the Plan shall be vicariously liable for any negligent act or omission of any of these independent Health Professionals who treat a Participant of the Plan. 41 SF-City of Miami Beach-Standard POS-SPD-2015 SF-3662(10/15) 13.01- Certain Participants may, for personal reasons, refuse to accept procedures or treatment recommended by Participating Physicians. Participating Physicians may regard such refusal to accept their recommendations as incompatible with the continuance of the physician/patient relationship and as obstructing the provision of proper medical care. If a Participant refuses to accept the medical treatment or procedure recommended by the Participating Physician and if, in the judgment of the Participating Physician, no professionally acceptable alternative exists or if an alternative treatment does exist but is not recommended by the Participating Physician, the Participant shall be so advised. If the Participant continues to refuse the recommended treatment or procedure, the Employer may terminate the Participant's coverage under this Plan as set forth in Section 7.01.02. XIV. REVIEW PROCEDURE 14.01 Complaints. Participants have the right to a review of any complaint regarding the services or benefits covered under the Plan. If a Participant has a complaint regarding Plan services, including quality of service, office wait time,physician behavior and other concerns,the Participant or someone he names to act on his behalf(an authorized representative) may call AvMed's Member Services Department at 1- 877-535-1397. AvMed encourages the informal resolution of complaints relating to Plan services, and Member Services Representatives will work with complainants to resolve any such issues over the telephone. If a complainant asks for a written response, or if a complaint is related to quality of care, AvMed will respond in writing. The Member Services Department can also advise how to name an authorized representative. 14.02 Grievances.A grievance is any complaint other than one that involves a request(Claim) for benefits,or a request for review of an Adverse Benefit Determination. If a complaint cannot be resolved informally over the telephone,the Participant or his authorized representative may submit the complaint to AvMed, in writing. This is referred to as `filing a grievance'. The written grievance will be processed through AvMed's formal grievance procedures. 14.02.01 Grievances must be filed within one year from the date of the event or action that led to the grievance. AvMed will acknowledge and investigate the grievance, and provide a written response advising of the disposition within 60 days after receipt of the grievance. A grievance may be submitted in writing to: AvMed Member Services—North AvMed Member Services—South P.O. Box 823 P.O.Box 569008 Gainesville,Florida 32602-0823 Miami,Florida 33156-9906 Telephone: 1-877-535-1397 Telephone: 1-877-535-1397 Fax: (352) 337-8612 Fax: (305) 671-4736 14.03 Claims for Benefits. The Employer has delegated to AvMed the discretionary authority to interpret the Plan and to make initial Claim determinations.The Employer has delegated to AvMed the discretionary authority to make final internal Claim review decisions on appeal.The Employer retains the authority to determine whether employees and their dependents are eligible to enroll for or continue coverage under the Plan. 14.03.01 Pre-Service Claims a. Initial Claim. A Pre-Service Claim for benefits will be deemed to have been filed on the date received by AvMed, on the Plan's behalf. AvMed shall notify the Claimant of the benefit determination (whether adverse or not) within a reasonable period of time, appropriate to the medical circumstances, but not later than 15 days after receipt of the Pre-Service Claim. i. AvMed may extend this period one time for up to 15 additional days,provided that it determines such an extension is necessary due to matters beyond AvMed's control, and.notifies the Claimant the expiration of the initial 15-day period, of the circumstances requiring the extension of time and the date by which it expects to render.a decision. If such an extension is necessary because the 42 SF-City of Miami Beach-Standard POS-SPD-2015 SF-3662(10/15) • Claimant failed to provide sufficient information to decide the Claim, the notice of extension will specifically describe the required information and the Claimant will be afforded at least 45 days from receipt of the notice to provide the specified information. ii. In the case of a failure by a Claimant to follow AvMed's procedures for filing a Pre- Service Claim, the Claimant shall be notified of the failure and the proper procedures to follow in filing a Claim for benefits, not later than five days following such failure. iii. AvMed's period for making the benefit determination will be tolled from the date the notification of the extension is sent to the Claimant,until the date the Claimant responds to the request for the required information. If the Claimant fails to supply the requested information within the 45-day period,the Claim will be denied. b. Appeal. A Claimant may appeal an Adverse Benefit Determination with respect to a Pre-Service Claim within 180 days of receiving notification of such determination. The Claimant will be notified, in accordance with Section 14.03.07, of the Plan's determination on review within a reasonable period of time, but no t later than 30 days after receipt of the appeal. An appeal may be submitted to: AvMed Member Relations P.O.Box 749 Gainesville,FL 32602-0749 Fax#352-337-8794 i. If a Claimant wishes AvMed to review a denial prior to filing an appeal, he may call AvMed's Member Services Department at 1-877-535-1397 or submit the request in writing to: AvMed Member Relations P.O.Box 749 Gainesville,FL 32602-0749 (a) Additional information may be provided to clarify or support the Claim. Persons who were not involved in the initial determination will conduct an internal review. A decision will be made within 30 working days and written notification will be provided to the Claimant. However, this process in no way extends the 180 day appeal period. 14.03.02 Urgent Care Claims a. Initial C_ laim.An Urgent Care Claim for benefits,either oral or written,will be deemed to have been filed on the.date it is received by AvMed on the Plan's behalf.AvMed will notify the Claimant of the benefit determination (whether adverse or not) as soon as possible, taking into account the medical exigencies, but not later than 72 hours after receipt of the Urgent Care Claim. i. If the Claimant fails to provide sufficient information to determine whether or to what extent benefits are covered or payable under the Plan, AvMed will notify the Claimant as soon as possible, but not later than 24 hours after receipt of the Claim, of the specific information required to complete the Claim. The Claimant will be afforded a reasonable amount of time,taking into account the circumstances but not less than 48 hours,to provide the specified information. ii. AvMed will notify the Claimant of the benefit determination as soon as possible, but in no case later than 48 hours after the earlier of AvMed's receipt of the specified information or the end of the period afforded the Claimant to provide the specified information. 43 SF-City of Miami Beach-Standard POS-SPD-2015 SF-3662(10/15) iii. If the Claimant fails to supply the specified information within the 48-hour period, the Claim will be denied. AvMed will notify the Claimant of the benefit determination orally or in writing. If the notification is provided orally,a written or electronic notification meeting the requirements of Section 14.03.05 will be provided to the Claimant no later than three days after the oral notification. b. Appeal. A Claimant may appeal an Adverse Benefit Determination with respect to an Urgent Care Claim within 180 days of receiving notification of such determination. The Claimant will be notified, in accordance with Section 14.03.07, of the Plan's determination on review as soon as possible, taking into account the medical exigencies, but not later than 72 hours after receipt of the Claimant's appeal. The address for submitting an appeal is provided in Section 14.03.0lb. 14.03.03 Concurrent Care Claims a. Any reduction-or termination of Concurrent Care by AvMed before the end of an approved period of time or number.of treatments (other than by Plan amendment or termination), will constitute an Adverse Benefit Determination. AvMed will notify the Claimant, in accordance with Section 14.03.05,of the Adverse Benefit Determination at a time sufficiently in advance of the reduction or termination to allow the Claimant to appeal and obtain a final determination on review (including external review), before the benefit is reduced or terminated. b. With respect to an Urgent Care Claim, any request by a Claimant to extend a course of treatment beyond a previously approved period of time or number of treatments will be decided as soon as possible, taking into account the medical exigencies, and AvMed will notify the Claimant of the benefit determination(whether adverse or not)within 24 hours after receipt of the Claim, provided that any such Claim is made to AvMed at least 24 hours before the expiration of the previously approved period of time or number of treatments. Notification and appeal of any Adverse Benefit Determination with respect to a request to extend a course of treatment, whether involving an Urgent Care Claim or not, will be made in accordance with Sections 14.03.05 through 14.03.07. 14.03.04 Post Service Claims a. Initial Claim. A Post-Service Claim for benefits will be deemed to have been filed on the date it is received by AvMed. AvMed will notify the Claimant in accordance with Section 14.03.05, of the benefit determination, within a reasonable period of time but not later than 30 days after receipt of the Post-Service Claim. i. AvMed may extend this period one time for up to 15 days, provided that it determines such an extension is necessary due to matters beyond AvMed's control, and notifies the Claimant before the expiration of the initial 30-day period, of the circumstances requiring the extension of.time and the date by which it expects to render a decision. If such an extension is necessary because the Claimant failed to provide sufficient information to decide the Claim, the notice of extension will specifically describe the required information, and the Claimant will be afforded at least 45 days from receipt of the notice to provide the specified information. ii. AvMed's period for making the benefit determination will be tolled from the date the notification of the extension is sent to the Claimant,until the date the Claimant responds to the request for the required information. If the Claimant,fails to supply the requested information within the 45-day period,the Claim will be denied. b. Appeal. A Claimant may appeal an Adverse Benefit Determination with respect to a Post-Service Claim within. 180 days of receiving notification of such determination. The Claimant will be notified, in accordance with Section 14.03.07,: of the Plan's determination on review within a reasonable period of time, but not later than 60 days 44 SF-City of Miami Beach-Standard POS-SPD-2015 SF-3662(10/15) • after receipt of the Claimant's appeal. The address for submitting an appeal is provided in Section 14.03.01b. 14.03.05 Manner and Content of Initial Claims Determination Notification. AvMed will provide a Claimant with written notification of any Adverse Benefit Determination. The notification will set forth,in a manner calculated to be understood by the Claimant,the following: a. Sufficient information to identify the Claim, including (as applicable) the date of service,health care provider,and Claim amount,as well as notice that the diagnosis and treatment codes along with the corresponding meaning are available upon request and free of charge. b. The specific reason for the Adverse Benefit Determination including the denial code and its corresponding meaning; c. A description of the specific benefit provision, guideline, protocol or other similar criterion on which the denial decision is based, and a statement that a copy of such provision, guideline, protocol or other similar criterion will be provided free of charge to the Claimant upon request; - d. A statement that the Claimant is entitled to receive, upon request and free of charge, reasonable access to, and copies of, all documents, records and other information relevant to the Claimant's Claim for benefits; e. If the denial decision is based on whether the treatment or service is Experimental and/or Investigational or not Medically Necessary, an explanation of the scientific or clinical judgment for the determination applying the terms of the Plan to the Claimant's medical circumstances; f. A description of any additional material or information necessary for the Claimant to perfect the Claim and an explanation of why such material or information is necessary; g. A description of appeal rights and AvMed's review procedures and the time limits applicable to such procedures following an Adverse Benefit Determination on final review. h. In the case of an Adverse Benefit Determination involving an Urgent Care Claim, a description of the expedited review process applicable to such Claim. 14.03.06 Review Procedure Upon Appeal. To provide Claimants a full and fair review, AvMed's review process will include the following substantive procedures and safeguards: a. Claimants may present evidence and testimony, and may submit written comments, documents,records-and other information relating to the Claim. b. Upon request and free of charge,Claimants will have reasonable access to and copies of documents, records, and other information relevant to the Claim, and will be permitted to review the Claim file. c. The review will take into account all comments, documents, records and other information the Claimant submitted relating to the Claim, without regard to whether such information was submitted or considered in the initial Adverse Benefit Determination. d. The review will be conducted by an appropriate named fiduciary of AvMed who is neither the individual nor a subordinate of the individual who made the initial Adverse Benefit Determination. Such person will not be subject to promotion, raises, bonuses, etc. based on whether they approve or deny any Claim. Such person will not defer to the initial Adverse Benefit Determination. e. Review by the appropriate named fiduciary, of any Adverse Benefit Determination based in whole or in part on a medical judgment,including determination as to whether 45 • SF-City of Miami Beach-Standard POS-SPD-2015 SF-3662(10/15) • a particular treatment, medication, or other item is Experimental and/or Investigational or not Medically Necessary, will include consultation with a Health Professional who has appropriate training and experience in the field of medicine relevant to the medical judgment. f. Review will provide for the identification of medical or vocational experts whose advice was obtained on behalf of AvMed in connection with a Claimant's Adverse Benefit Determination,without regard to whether the advice was relied upon in making the Adverse Benefit Determination. g. The review will provide that the Health Professional engaged for purposes of a consultation as referenced in Section 14.03.06e will be an individual who is neither the individual nor a subordinate of the individual who was consulted in connection with the initial Adverse Benefit Determination that is the subject of the appeal.' h. In the case of an Urgent Care Claim,there will be an expedited review process available pursuant to which: i. Request for an expedited review of an Adverse Benefit Determination may be submitted orally or in writing by the Claimant; and ii. All necessary information, including AvMed's benefit determination on review, will be transmitted between AvMed and the Claimant by telephone, facsimile or other available similarly expeditious methods. i. If any new or additional evidence considered, relied upon, or generated by or at the direction of the Plan in connection with a Claim results in a final internal Adverse Benefit Determination, Claimants will be provided free of charge with such new or additional evidence as soon as possible, and sufficiently in advance of the due date for the notice, so that Claimants have a reasonable opportunity to respond prior to the due date. j. If a new or additional rationale in connection with a Claim results in a final internal Adverse Benefit Determination, Claimants will be provided free of charge with such new or additional rationale as soon as possible, and sufficiently in advance of the due date for the notice, so that Claimants have a reasonable opportunity to respond prior to the due date. 14.03.07 Manner and Content of Final Internal Review Notification. AvMed will provide a Claimant with written notification of its benefit determination upon review. a. In the case of a final internal Adverse Benefit Determination, the notification will set forth, in a manner calculated to be understood by the Claimant, all of the following as appropriate: b. Sufficient information to identify the Claim, including (as applicable) the date of service,health care provider, and Claim amount, as well as notice that the diagnosis and treatment codes along with the corresponding meaning, are available upon request and free of charge. c. The specific reason for the Adverse Benefit Determination including the denial code and its corresponding meaning; d. A description of the specific benefit provision, guideline, protocol or other similar criterion on which the denial decision is based and a discussion of such benefit provision,guideline,protocol or other similar criterion. e. A statement that the Claimant is entitled to receive, upon request and free of charge, reasonable access to, and copies of, all documents, records and other=information relevant to the Claimant's Claim for benefits; 46 SF-City of Miami Beach-Standard POS-SPD-2015 SF-3662(10/15) f. If the denial decision is based on whether the treatment or service is Experimental and/or Investigational or not Medically Necessary, an explanation of the scientific or clinical judgment for the determination applying the terms of the Plan to the Claimant's medical circumstances. g. A statement describing any voluntary appeal procedures offered by AvMed and the Claimant's right to obtain the information about such procedures. 14.03.08 In the event of an Adverse Benefit Determination with respect to a cancellation or discontinuation of coverage that has retroactive effect, other than one that is attributable to a failure to timely pay required premiums or contributions toward the cost of coverage, Participants may appeal such a determination by submitting a written request for review to AvMed.The address for submission of such an appeal is provided in Section 14.03.0lb. 14.04 External Review. In the event of a fmal internal Adverse Benefit Determination with respect to a Claim for benefits, a Claimant may be entitled to an external review of the Claim. This request must be submitted in writing on an External Review Request form, within 120 days of receipt of the Adverse Benefit Determination. The external reviewer will render a recommendation within a reasonable period of time after receipt of the Claim, not to exceed 45 calendar days unless the request meets expedited criteria, in which case it will be resolved as soon as administratively possible, but not later than 72 hours. The external reviewer's recommendation will be binding. The external reviewer will notify the Claimant of its decision in writing, and the Plan will take action as appropriate to comply with such recommendation. For detailed information about the external review process, please contact AvMed's Member Services Department. 14.05 Remedies if Process "Deemed Exhausted."If we continue to deny the payment, coverage, or service requested or you do not receive a timely decision,you may be able to request an external review of your Claim by an independent 3'd party, who will review the denial and issue a final decision. You may contact AvMed Member Services at 1-877-535-1397 with any questions on your rights to external review. Please understand that if you want to be informed about the legal remedies that may be available to you and whether they are a better option for you than seeking independent external review, you should consult a lawyer of your choice. AvMed cannot provide you with legal advice. We can only explain the procedures for obtaining independent external review. XV. MISCELLANEOUS Agent for Service Legal designated as the agent for service of legal 15.01 o S ce of Le al Process.The name of the person desib g g b b process on behalf of the Plan is Raul Aquila, City of Miami Beach, 1700 Convention Center Drive, Miami,Florida 33139.Additionally,service of legal process may be made on the Plan Administrator. 15.02 Clerical Errors. Clerical errors shall neither deprive any individual Participant of any benefits or coverage provided under the Plan nor shall such error(s) act as authorization of benefits or coverage for the Participant that is not otherwise validly in force. Retroactive adjustments in coverage, for clerical errors or otherwise will only be done for up to a 60 day period from the date of notification. Refunds of administrative service fees are done for up to a 60 day period from the date of notification. Refunds of administrative service fees are limited to a total of 60 days from the date of notification of the event, provided there are no Claims incurred subsequent to the effective date of such event. 15.03 Collective Bargaining Agreement. If the coverage under the Plan is intended to satisfy a benefit obligation under an applicable collective bargaining agreement,please note that the Plan will govern all benefit determinations and all other determinations under the Plan. The collective bargaining agreement does not influence or control, and is not to be considered to be incorporated with, the Plan in any fashion. 15.04 Gender. Whenever used, the singular shall include the plural and the plural the singular and the use of any gender shall include all genders. 15.05 Identification Cards. Cards issued by AvMed to Participants pursuant to the Plan are for purposes of identification only. Possession of an identification card confers no right to health services or other 47 SF-City of Miami Beach-Standard POS-SPD-2015 SF-3662(10/15) • • benefits under the Plan. To be entitled to such services or benefits the holder of the card must, in fact, be a Participant on whose behalf all applicable charges under the Plan have actually been paid and accepted by the Plan. 15.06 Individual Information. Participants or other individuals shall complete and submit to the Plan such applications, forms or statements as the Plan may reasonably request. If the Participant or other individual fails to provide accurate information that the Plan deems material to providing coverage for such individual, upon ten days written notice, the Plan may deny coverage and/or participation in the Plan to such individual 15.07 Non-Waiver. The failure of the Plan to enforce any of the provisions of the Plan or to exercise any options herein provided or to require timely performance by any Participant or the Employer of any of the provisions herein, shall not be construed to be a waiver of such provisions nor shall it affect the validity of the Plan or any part thereof or the right of the Plan to thereafter enforce each and every such provision. • 15.08 Plan Administration. The Employer may from time to time adopt reasonable policies, procedures, rules and interpretations to promote the orderly and efficient administration of the Plan. 15.09 Waiver. A Claim that has not been timely filed with the Plan within one year of date of service shall be considered waived. 48 SF-City of Miami Beach-Standard POS-SPD-2015 SF-3662(10/15) • SUMMARY PLAN DESCRIPTION INFORMATION Official Plan Name: City of Miami Beach Group Health Plan Plan Sponsor: City of Miami Beach 1700 Convention Center Drive Miami,Florida 33139 Telephone: 305-673-7524 Plan Administrator: City of Miami Beach 1700 Convention Center Drive Miami,Florida 33139 Telephone: 305-673-7524 Claims Administrator: AvMed,Inc. Plan Year: 10/01/2015—09/30/2016 Effective Date of the Plan: 10/01/2015 Employer Identification No.: 5-6000372 Plan Type: Self-insured welfare benefit plan Source of Funding for the Plan: The Company has elected to create a self-insured group health plan. The Company has purchased individual stop- loss coverage through Symetra. Sources of Contribution: Company and Employees Plan No.: Not Applicable Agent for Service of Legal Process: Jose Smith 1700 Convention Center Drive Miami,Florida 33139 Telephone: 305-673-7524 Organization that Provides the Benefit: Benefits under the Plan are provided through an Administrative Services Agreement with AvMed,Inc. • 49 SF-City of Miami Beach-Standard POS-SPD-2015 SF-3662(10/15) •