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03-9327r I I I 149 RESOLUTION NO. 9327 RESOLUTION AMENDING CITY OF RICHFIELD FLEXIBLE SPENDING ACCOUNT PLAN The undersigned, constituting all the members of the Board of Directors of the City of Richfield, (the "City"), duly organized and existing under the laws of the State of Minnesota, do hereby adopt the following resolution in writing: WHEREAS, the City currently maintains the Flexible Spending Account Plan (the "Plan"), in order to allow employees to pay for, and to be reimbursed for, certain medical and dependent care expenses on a pre-tax basis; and WHEREAS, the Plan is required to comply with regulations promulgated by the Department of Health and Human Services under the Health Insurance Portability and Accountability Act of 1996 (HIPPA) relating to certain privacy requirements, codified at 45 C.F.R. Part 164 (the "Privacy Rule"; and WHEREAS, Section 164.504(f)(2) of the Privacy Rule requires the Plan to be amended by April 14, 2003 in certain respects to be in compliance with HIPAA; and WHEREAS, the City wishes to amend the Plan to comply with HIPAA and the Privacy Rule, effective April 14, 2003. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the City hereby adopt this Amendment to the Plan, such Amendment to be in the form presented to the Board, a copy is attached hereto as an exhibit and is, by this reference, incorporated herein, and to be effective April 14, 2003. BElT FURTHER RESOLVED that appropriate officers of this City are hereby authorized and directed to execute and deliver all documents necessary for the proper implementation of the Amendment of the Plan to ensure that the Amendment hereby approved is in effect as of April 14, 2003. Adopted by the City Council of the City of Richfield, Minnesota this 8th day of April, 2003. ~~8U Martin J. Kir ayor ATTEST: