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EAP Services Agreement 5 D. Extension of Benefits upon Termination 1. Termination of Provider Contract. Upon termination of a contract with an EAP Provider, Plan shall be liable for Benefits rendered by such EAP Provider to Members who retain eligibility under this Agreement, or by operation of law, under the care of such EAP Provider at the time of such termination, until the Benefits being rendered to such Members are completed, or until Plan makes reasonable provision for the assumption of such Benefits by another EAP Provider. 2. Group Continuation Benefits. Federal or state law requires Group to continue to make health care benefits available to certain Members who lose eligibility for Benefits under this Agreement. To assist Group in complying with such laws, Plan, in its sole discretion, may agree to continue to make Benefits available to such persons. Under such circumstances, Group shall be solely responsible for complying with all applicable laws governing such continuation coverage, and for notifying eligible persons of the availability, terms, conditions and duration of, and of all changes in, such coverage. Group agrees to indemnify, save and hold harmless Plan from any and all liability in any way arising out of Group's health care benefit continuation obligations under federal or state law, and Group's notification obligations provided for above. IX. COMPLAINT AND GRIEVANCE PROCEDURE Members are entitled to present complaints and grievances involving Benefits, Plan and EAP Providers to Plan, and Plan is obliged to seek to resolve such complaints and grievances. Plan has established a procedure for processing and resolving Member complaints and grievances. A copy of this procedure, and the form to be used to file a complaint or grievance, are available from Plan and from all EAP Providers and EAP Provider locations. A grievance is a written or oral expression of dissatisfaction regarding Plan and/or an EAP Provider, including quality of care concerns, and includes a complaint, dispute, request for reconsideration or appeal made by a Member or the Member’s representative. A complaint is the same as a grievance. There is no discrimination by Plan against a Member for filing a grievance. Members are entitled to present complaints and grievances. Plan is obliged to seek to resolve such complaints and grievances in a timely fashion. Members may file a grievance up to 365 calendar days following an incident or action that is the subject of the member’s dissatisfaction. Plan has established a procedure for processing and resolving Member complaints and grievances. Should a Member desire to register a complaint or grievance with Plan concerning Benefits, he/she can either call Plan at the toll-free telephone number 1-800-342-8111 to report the complaint or grievance, or to request a copy of Plan’s Complaint Form, or write directly to Plan at 10260 Meanley Drive, San Diego, CA 92131. The telephone call or letter should be addressed to the Director, Clinical Quality Improvement. Plan will acknowledge each complaint and grievance within five (5) days of receipt. The Director, Clinical Quality Improvement, will receive and investigate all Member complaints and grievances. The Director, Clinical Quality Improvement, will respond to the Member stating the disposition and the rationale within thirty (30) days of receipt of the grievance. If the grievance is not resolved to the Member’s satisfaction, a second level of review may be requested within ten (10) days of notification of such disposition. Any such request will be reviewed by the Medical Director and responded to within seventy-two (72) hours of receipt. REV: 03-10-23 MI ATTY/AGR.2023.039/Aetna (EAP Services Agreement) (Page 6 of 42)