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injury for plan benefits for themselves and their enrolled dependents. Employees eligible <br />for coverage under a City health plan as a result of change of City representation unit shall <br />be enrolled without regard to pre-existing conditions of illness or injury for plan benefits <br />for themselves and their enrolled dependents. <br />18. In the administration and provision of health care plans, the Association shall comply with <br />COBRA, HIPAA, ACA, and all other applicable state and federal laws and regulations to <br />the same extent the City would be required to comply. <br />19. Association shall comply with all laws applicable to health and welfare benefit, and/or <br />medical or similar benefit, trust funds and the administration and management thereof. <br />20. The Association shall take all steps necessary to ensure the confidentiality of Health <br />Benefit Plan user information. <br />21. Except as provided below, plan eligibility shall terminate at the end of the calendar month <br />in which any of the following occur: <br />a. Employee terminates. However, this will not interfere with a former employee's <br />right to continue insurance coverage at their option as provided for under law. <br />b. Change of bargaining unit. <br />Disenrollment of a dependent (for the dependent). <br />However, upon any of the above occurrences, if the employee would still be reported to <br />the IRS as full-time under the ACA, then that employee's Plan eligibility shall continue <br />until the end of the stability period as reported by the City, or until coverage by the new <br />City representation unit begins, whichever comes first. <br />22. The provisions of this Agreement shall not be subject to the grievance and arbitration <br />provisions of the Parties' separate Memorandum of Understanding. <br />23. The Association shall defend, indemnify and hold the City harmless from any claims or <br />legal action arising out of, or in any way related to, Health Benefit Plans administered <br />and/or provided pursuant to this Agreement, including any IRS penalties assessed as a result <br />of the ACA's employer shared responsibility provisions. This obligation shall not arise with <br />respect to any claim or legal action brought by Association or employees concerning <br />coverage overlap between the respective City and Association plans. <br />24. This Agreement is the entire, integrated agreement with respect to the subject matter <br />hereof, and supersedes all prior and contemporaneous oral and written agreements and <br />discussions. The Parties also agree that no modification of this Agreement shall be valid <br />unless it is in writing and signed by all of the Parties to this Agreement. <br />25. This Agreement shall not be construed in favor or against any party, regardless of which <br />party drafted or participated in the drafting of its terms. <br />