Common use of Employer Duties Clause in Contracts

Employer Duties. Program setup a. Employer to provide all necessary information that includes Employer’s COBRA program elections and desired COBRA Portal configurations. Designate contact b. Employer shall designate at least one employee as the primary contact who has familiarity with the Employer’s COBRA benefits program; the contact shall provide WW with advance notice before any changes to the Employer’s COBRA benefits program become effective and shall be available to consult with WW from time to time as reasonably necessary for WW to provide the COBRA administration services described herein. For the avoidance of doubt, no change shall become effective unless and until accepted and programmed by WW. Provide data c. Employer shall be responsible for providing WW with accurate, complete and timely data. WW’s responsibility for sending required notifications to Qualified Beneficiaries and Covered Employees (if elected) is contingent upon Employer providing WW with accurate, complete, and timely information. Employer shall also provide periodic updates as set forth in Section 5.2 of this Rider. Employer is responsible for correcting errors in all data sent to WW. WW will not be responsible for any liabilities, penalties, or losses due to data or information that is untimely, inaccurate or otherwise invalid and Employer shall defend, indemnify and hold harmless the WW Group from and against all Losses asserted by any party who is not a party to the Agreement and arising out of Employer’s breach of this Agreement, negligence or willful misconduct or arising out of any other cause related to this Agreement. d. To the extent that Protected Health Information (“PHI”) (as defined in the HIPAA Regulations) is transmitted by Employer to WW or the COBRA Portal, Employer shall make any such transmission in a secure and encrypted manner, and in accordance with HIPAA, and other privacy rules and regulations. e. For any notice required by COBRA to be given to Covered Employees, or Qualified Beneficiaries, Employer shall provide all information required for WW to send the notices on behalf of Employer at least 7 business days prior to the date on which the notice is required to be given under COBRA. All such information must be provided to WW by manually entering the information into the COBRA Portal or by uploading an appropriate file using the required file format (.csv, .txt, or .xlsx). f. Provide plan and rate information for the new plan year at least 60 days in advance of the date on which the updates will become effective. Covered Employees g. At least once annually, or more frequently if requested by WW, Employer will provide WW with its then current number of Covered Employees. Employer access h. Employer shall: (i) notify WW when an Administrative User’s access is terminated (i.e. termination of employment); (ii) keep Employer and Employer’s Administrative Users’ passwords used to access the COBRA Portal confidential and secure; (iii) prohibit Employer and Employer Administrative Users from attempting to gain unauthorized access to the COBRA Portal and all related systems or networks; and (iv) implement prudent management controls with respect to Employer and Employer’s Administrative Users’ access to and use of the COBRA Portal, which include segregation of duties among multiple Administrative Users and dual approvals for key activities.

Employer Duties. Program setup a. Employer to provide all necessary information that includes Employer’s COBRA program elections and desired COBRA Portal configurations, including open enrollment in accordance with Section 3. Designate contact b. Employer shall designate at least one employee as the primary contact who has familiarity with the Employer’s COBRA benefits program; the . The contact shall provide WW with advance notice before any changes to the Employer’s COBRA benefits program become effective and shall be available to consult with WW from time to time as reasonably necessary for WW to provide the COBRA administration services described herein. For the avoidance of doubt, no change shall become effective unless and until accepted and programmed by WW. Provide data c. Employer shall be responsible for providing WW with accurate, complete and timely data. WW’s responsibility for sending required notifications to Qualified Beneficiaries and Covered Employees (if elected) is contingent upon Employer providing WW with accurate, complete, and timely information. Employer shall also provide periodic updates as set forth in Section 5.2 of this Rider. Employer is responsible for correcting errors in all data sent to WW. WW will not be responsible for any liabilities, penalties, or losses due to data or information that is untimely, inaccurate or otherwise invalid and Employer Employer’s indemnification obligations set forth in Section 10.2 of the Agreement shall defend, indemnify and hold harmless the WW Group from and against all apply with respect to any Losses asserted by any party who is not a party to the Agreement and or arising out of from Employer’s breach of this Agreementfailure to provide WW with accurate, negligence or willful misconduct or arising out of any other cause related to this Agreementcomplete and timely data. d. To the extent that Protected Health Information (“PHI”) (as defined in the HIPAA Regulations) is transmitted by Employer to WW or the COBRA Portal, Employer shall make any such transmission in a secure and encrypted manner, and in accordance with HIPAA, and other privacy rules and regulations. e. For any notice required by COBRA to be given to Covered Employees, or Qualified Beneficiaries, Employer shall provide all information required for WW to send the notices on behalf of Employer at least 7 business days prior to the date on which the notice is required to be given under COBRA. All such information must be provided to WW by manually entering the information into the COBRA Portal or by uploading an appropriate file using the required file format (.csv, .txt, or .xlsx). f. Provide plan and rate information for the new plan year at least 60 days in advance of the date on which the updates will become effective. Covered Employees g. At least once annually, or more frequently if requested by WW, Employer will provide WW with its then current number of Covered Employees. Employer access h. Employer shall: (i) notify WW when an Administrative User’s access is terminated (i.e. termination of employment); (ii) keep Employer and Employer’s Administrative Users’ passwords used to access the COBRA Portal confidential and secure; (iii) prohibit Employer and Employer Administrative Users from attempting to gain unauthorized access to the COBRA Portal and all related systems or networks; and (iv) implement prudent management controls with respect to Employer and Employer’s Administrative Users’ access to and use of the COBRA Portal, which include segregation of duties among multiple Administrative Users and dual approvals for key activities.