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(v) as soon as reasonably practicable, but in no event later than ninety <br /> (90) days prior to the Services Commencement Date and monthly during the Term, and to the <br /> extent permitted by applicable laws, Employer shall provide Vera with at least two (2) years of <br /> claims history for each new Participant in a format that can be readily uploaded to Vera's P.C.'s <br /> electronic medical records system ("Claims History"). If Employer does not possess the Claims <br /> History at the outset of Participant's eligibility,then Employer shall make diligent effort to obtain <br /> the Claims History as soon as reasonably possible and shall cooperate with Vera to obtain the <br /> Claims History from any party that holds it. If, during the Term, Vera does not obtain the Claims <br /> History on a timely basis from Employer,and the circumstance persists for more than two months, <br /> Vera's administrative costs to provide services increase because it will be required to coordinate <br /> transfers of files among the various parties. To compensate Vera for such increased costs, <br /> Employer shall reimburse to Vera such increased costs actually incurred by Vera on a quarterly <br /> basis until the situation is resolved. Vera's actual costs will be calculated at an hourly rate of$150 <br /> per hour. Vera will work directly with Employer's third-party administrator to obtain the claims <br /> history. Vera acknowledges that claims history may not be available for time periods when <br /> Participants were not part of the Employer's health plan or for time periods when Participants were <br /> part of Employer's Kaiser Permanente or LEOFF Trust plan. <br /> (vi) cooperate with Vera to inform Participants of the value of the <br /> Services and any incentive plan established by Employer to encourage Participants' use of the <br /> Services, and directly participate in and support the implementation, marketing, and education of <br /> Participants with respect to the Services offered by Vera, all as set forth elsewhere in this <br /> Agreement. Printing, production and distribution of the promotions, outside of the standard Vera <br /> direct promotions and outside of items distributed within the Clinic, will be the sole cost and <br /> responsibility of Employer. In addition, Employer shall create a"Whole Health Council"to assist <br /> in the efforts described in this section. <br /> (vii) in connection with the facilitation of (a) wellness incentives being <br /> offered by the Employer and / or (b) enrollment/eligibility information for Participants, each of <br /> Vera and Employer may as necessary for such purposes disclose protected health information to <br /> the other. To the extent that Employer requests information from Vera or Vera P.C.which contains <br /> protected health information, Employer shall insure that: (i)the party requesting information (the <br /> "Requestor")is an employee of the group health plan sponsor(as such terms are defined in HIPAA, <br /> hereafter the "Plan" and the "Sponsor") for which Vera and Vera P.C. perform certain functions <br /> pursuant to this Agreement;(ii)Requestor is identified in the organizational documents of the Plan <br /> as part of a class of employees who may have access to protected health information to perform <br /> certain plan administration functions for the Plan and hereby requests Vera and Vera P.C. to <br /> provide access to such protected health information of Plan enrollees to carry out those Plan <br /> administrative functions; and (iii) his/her request for access to such protected health information <br /> is pursuant to 45 CFR §164.504(f)(2) and that he/she will appropriately safeguard and limit the <br /> use and disclosure of such protected health information. <br /> 7 <br />