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2025-126D
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2025-126D
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Last modified
9/18/2025 10:43:54 AM
Creation date
9/8/2025 1:42:16 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
06/03/2025
Control Number
2025-126D
Agenda Item Number
13.D.1.
Entity Name
Rightway Healthcare, Inc.
Subject
Pharmacy Benefit Management Services Agreement
Document Relationships
2025-126
(Cover Page)
Path:
\Official Documents\2020's\2025
2025-126A
(Cover Page)
Path:
\Official Documents\2020's\2025
2025-126B
(Cover Page)
Path:
\Official Documents\2020's\2025
2025-126C
(Cover Page)
Path:
\Official Documents\2020's\2025
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Docusign Envelope ID: 921 F7A24-D5CE-4BCC-9F3C-5E7844661266 <br />a fiduciary account which shall be established and maintained by Administrator in a federally Eligible Per- <br />son or state Eligible Person financial institution. Administrator shall maintain records clearly showing the <br />deposits and withdrawals from the fiduciary bank account for Insurer. Administrator shall furnish to In- <br />surer, upon its request, copies of the required records and, at intervals specified in the Agreement, a periodic <br />accounting of transactions performed by Administrator pertaining to the business underwritten by In- <br />surer. Ind. § 27-1-25-6(a) — (c). <br />6.2 Subject to the Agreement, withdrawals from the bank account shall only be made for the <br />following: (1) remittance to an insurer entitled to the funds; (2) deposit in an account maintained in the <br />name of Insurer; (3) transfer to and deposit in a Claims -paying account; (4) payment to a group policyholder <br />for remittance to the insurer entitled to the funds; (5) payment to Administrator for its commission, fees, or <br />charges; or (6) remittance of return premiums to the person entitled to the funds. Administrator shall not <br />pay any Claim with money withdrawn from a fiduciary account established as set forth above in which <br />premiums or charges are deposited. All Claims paid by Administrator from funds collected on behalf of <br />Insurer shall be paid: (1) by draft or check; or (2) via electronic payment as authorized by Insurer. Ind. <br />Code §§ 27 -1 -25 -6(d) -(e), 27-1-25-7. <br />6.3 In the event Administrator collects charges, Administrator shall state separately the amount <br />of any charge for coverage specified by Insurer to the person paying charge. Additional charges shall not <br />be made for a service to the extent that the charge for the service has been paid by Insurer. Ind. Code § 27- <br />1-25-10(b). <br />6.4 Administrator shall disclose to Insurer the charges, fees, and commissions received by Ad- <br />ministrator in connection with the provision of administrative services for Insurer, including fees or com- <br />missions paid by insurers that provide reinsurance. Ind. Code § 27-1-25-10(c). <br />7. Records. <br />7.1 Administrator shall maintain at its principal administrative office, in accordance with gen- <br />erally accepted standards of insurance record keeping, books and records of all transactions between Ad- <br />ministrator and Insurer for a minimum of five (5) years after creation of the books and records. Adminis- <br />trator may transfer such books and records to a new administrator that acknowledges in writing that the <br />new administrator is responsible for retaining the books and records of Administrator if: (1) the Agreement <br />between Administrator and Insurer is canceled; and (2) a written agreement for a transfer of the books and <br />records is made between Administrator and Insurer. Ind. Code § 27-1-254(a). <br />7.2 The Commissioner of the Insurance Department of the State of Indiana shall have access <br />to and is entitled to inspect all books and records of Administrator relevant to the Agreement for the purpose <br />of examination and audits. Trade secrets contained in books and records reviewed by the Commissioner, <br />including the identity and addresses of policyholders and certificate holders, financial information concern- <br />ing Administrator, and Administrator's business plan shall be kept confidential, except that the Commis- <br />sioner may use the information in a proceeding instituted against Administrator or Insurer. Ind. Code § 27- <br />1-25-4(b). <br />7.3 Insurer is the owner of records that are generated by Administrator pursuant to the Agree- <br />ment and which pertain to Insurer. However, Administrator retains the right to continuing access to books <br />and records necessary to fulfill its contractual obligations to Eligible Persons, claimants, and Insurer. Ind. <br />Code § 27-1-25-4(c). <br />111 <br />This document is CONFIDENTIAL AND PROPRIETARY to RIGHTWAY Healthcare, Inc. and may not be reproduced, <br />transmitted, published, or disclosed to others without the prior written authorization of RIGHTWAY Healthcare, Inc. <br />
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