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Exhibit 10.33.2    
    


 
 

AMENDMENT NUMBER ONE TO
  THE COCA-COLA COMPANY BENEFITS PLAN
  FOR MEMBERS OF THE BOARD OF DIRECTORS    
    


        THIS AMENDMENT to The Coca-Cola Company Benefits Plan for Members of the Board of Directors (the "Plan") is adopted by The Coca-Cola
Company Benefits Committee (the "Committee"). 


 
 

W I T N E S S E T H:    
    


        WHEREAS, Section 7.01 of the Plan provides that the Committee may amend the Plan at any time; and 


        WHEREAS,
the Committee wishes to amend the Plan to address the use and disclosure of protected health information. 


        NOW,
THEREFORE, the Committee hereby amends the Plan as follows: 


        Effective
April 14, 2003, the following new Article IX shall be added: 


 
 

Article IX
  Protected Health Information    
    


        Article IX is only applicable to medical, dental and employee assistance program benefits. 


        9.01    Use and Disclosure of Protected Health Information.    



        The
Plan will use and disclose protected health information (PHI) for purposes related to the treatment through, payment for, and operation of health care functions. The Plan will
disclose PHI to the Company only after receipt of proper confirmation from the Company that the Plan document has been amended to incorporate the following provisions and/or conditions relating to the
use and disclosure of PHI. 



        (a)    Payment    for health care functions includes those activities undertaken by or performed on behalf of the
Plan to obtain premiums or to determine or fulfill its responsibility for coverage and provision of benefits under the Plan with respect to an individual to whom health care services are provided.
Activities that constitute payment activities include, but are not limited to, the following activities: 


	1.
	Determination
of eligibility or coverage (including the determination of cost sharing amounts);



	2.
	Coordination
of benefits;



	3.
	Adjudication
or subrogation of health benefit claims;



	4.
	Risk
adjusting amounts due based upon enrollee health status and demographic characteristics;



	5.
	Billing,
claims management, collection activities, obtaining payment under a contract for reinsurance (including stop-loss insurance and excess of loss insurance), and
related health care data processing;



	6.
	Review
of health care services with respect to medical necessity, coverage under a health plan, appropriateness of care, or justification of charges;



	7.
	Utilization
review activities, including precertification and preauthorization of services, concurrent and retrospective review of services; and



	8.
	Disclosure
to consumer reporting agencies of any of the following health information relating to collection of premiums or reimbursement:



	(i)
	Name
and address; 











	(ii)
	Date
of birth;



	(iii)
	Social
Security Number;



	(iv)
	Payment
history;



	(v)
	Account
number; and



	(vi)
	Name
and address of the health care provider and/or health plan. 





        (b)    Health Care Operations    include, but are not limited to, the following activities: 


	1.
	Conducting
quality assessment and improvement activities, including outcomes evaluation and development of clinical guidelines (provided that the obtainment of generalizable knowledge
is not the primary purpose of any studies resulting from such activities);



	2.
	Population-based
activities relating to the improving health or reducing health care costs, protocol development, case management and care coordination, and contacting of health care
providers and patients with information about treatment alternatives (and related functions that do not include treatment);



	3.
	Reviewing
the competence or qualifications of health care professionals, evaluating practitioner and provider performance, health plan performance, conducting training programs for
students, trainees, or practitioners in areas of health care, and training of non-health care professionals;



	4.
	Accreditation,
certification, licensing, or credentialing activities;



	5.
	Underwriting,
premium rating, and other activities relating to the creation, renewal or replacement of a contract of health insurance or health benefits, and ceding, securing, or
placing a contract for reinsurance of risk relating to claims for health care (including stop-loss insurance and excess of loss insurance);



	6.
	Conducting
or arranging for medical review, legal services, and auditing functions (including fraud and abuse detection and compliance programs);



	7.
	Business
planning and development, such as conducting cost- management and planning-related analyses related to managing and operating the Plan, including formulary
development and administration, development or improvement of methods of payment or coverage policies;



	8.
	Business
management and general administrative activities of the Plan, including (but not limited to):



	(i)
	Management
activities relating to implementation of and compliance with the requirements of HIPAA's administrative simplification regulations;



	(ii)
	Customer
service, including the provision of data analyses for policy holders or other customers (provided that protected health information is not disclosed to such
policy holder or customer);



	(iii)
	Resolution
of internal grievances;



	(iv)
	Due
diligence in connection with the sale or transfer of assets to a potential successor in interest (if the potential successor in interest is a covered entity under
HIPAA or will become a covered entity following the sale or transfer); and



	(v)
	Creating
de-identified health information, fundraising for the benefit of the covered entity, and marketing for which an individual authorization is not
required. 







        9.02    Use and Disclosure of PHI as Required by Law or as Permitted by Authorization of the Participant or
Beneficiary.    With authorization, the Plan will disclose PHI to the other plans sponsored by the Company for purposes related to administration of these plans. 








        9.03    Conditions relating to the Use and Disclosure of PHI by the Company the Company agree to the following conditions relating to the use and
disclosure of PHI:    



	(a)
	The
Company will not use or further disclose PHI other than as permitted or required by the Plan document or required by law;



	(b)
	The
Company will ensure that any agents, including subcontractors, to whom it provides PHI received from the Plan agree to the same restrictions and conditions that apply to the
Company with respect to such PHI;



	(c)
	The
Company will not use or disclose PHI for employment-related actions or decisions or in connection with any other benefit or employee benefit plan of the Company (unless authorized
to do so by the individual);



	(d)
	The
Company will report to the Plan any use or disclosure of PHI that is inconsistent with the uses or disclosures provided for in the Plan document of which the Company becomes
aware;



	(e)
	The
Company will make PHI available to the individual in accordance with the access requirements of HIPAA;



	(f)
	The
Company will make PHI available to the individual for amendment and incorporate any amendments to PHI in accordance the amendment requirements of HIPAA;



	(g)
	The
Company will make available such information as is required to provide an accounting of disclosures in accordance with the requirements of HIPAA;



	(h)
	The
Company will make its internal practices, books, and records relating to the use and disclosure of PHI received from the Plan available to the Secretary of Health and Human
Services for purposes of determining compliance by the Plan with the requirements of HIPAA;



	(i)
	The
Company will, if feasible, return or destroy all PHI received from the Plan that the Company still maintains in any form and retain no copies of such PHI when no longer needed for
the purpose for which the disclosure was made. Where such return or destruction is not feasible, the Company will limit further uses or disclosures to those purposes that make the return or
destruction of the PHI infeasible. 






        9.04    Establishment and Maintenance of Adequate Separation between the Company.    In accordance with the
requirements of HIPAA, only the following employees/classes of employees will be given access to PHI to be disclosed: 



	

Barbara Gilbreath	
 	

Sharon Ray	
 	

Leah Thomason
	

Jill Welch	
 	

Angela Green	
 	

Cheryl Lee
	

Inga Vaystikh Smith	
 	

Ann Kroboth	
 	

Sandy Lewis
	

Lisa Bremmer	
 	

Porcha Cook	
 	

Lisa Taylor






        The
persons described above will only have access to and use PHI for purposes of Plan administration functions that the Company performs for the Plan. 


        9.05    Noncompliance by Plan Administrative Personnel:    In the event that the employee/class of employees described
in subsection 9.04 above fail to comply with the terms of the Plan document, the Company shall provide an effective mechanism for the resolution of any such noncompliance issues, to include
disciplinary measures. 








        IN
WITNESS WHEREOF, the Committee has adopted this Amendment on the date shown below, but effective as of the dates indicated above. 



	 	 	The Coca-Cola Company Benefits Committee
	

 	
 	

By	

/s/  BARBARA S. GILBREATH      
	 	 	 	

	

 	
 	

Date	

4/15/2003
	 	 	 	












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Exhibit 10.33.2


AMENDMENT NUMBER ONE TO THE COCA-COLA COMPANY BENEFITS PLAN FOR MEMBERS OF THE BOARD OF DIRECTORS

W I T N E S S E T H

Article IX Protected Health Information