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Docusign Envelope ID: 921 F7A24-D5CE-4BCC-9F3C-5E7844661266 <br />IOWA TPA REGULATORY ADDENDUM <br />With respect to the following provisions required by the State of Iowa, "Administrator" shall mean RIGHT - <br />WAY, and "Insurer" shall mean "Client" as that term is defined in the Agreement. <br />Notwithstanding anything in the Agreement to the contrary, Administrator and Insurer agree as follows: <br />1. Applicability. This Addendum is required in order to include the provisions required by Iowa <br />Code § 510.12 to the extent such requirements are applicable to the services provided by Administrator <br />under the Agreement, and such requirements are not already addressed in the Agreement. This Addendum <br />applies to the extent Eligible Person(s) reside in the State of Iowa and Insurer is subject to Iowa Code § <br />510.11 et seq. <br />2. General. In the event of a direct conflict between this Addendum and the Agreement, the applica- <br />ble provisions of this Addendum shall control if required. Absent such direct conflict, the terms and con- <br />ditions of the Agreement shall remain in full force and effect. Capitalized terms not defined in this Adden- <br />dum shall have the same meaning as set forth in the Agreement. This Addendum may be modified from <br />time to time pursuant to the Agreement. <br />3. Advertising. Administrator may use only such advertising pertaining to the business underwritten <br />by Insurer as has been approved by Insurer in advance of its use. Iowa Code § 510.15. <br />4. Record Retention. <br />4.1 The Agreement. Administrator and Insurer agree to retain the Agreement and any addenda <br />or amendments thereto, including this Addendum, as part of their respective official records during the term <br />of the Agreement and for at least five (5) years thereafter. Iowa Code § 510.12. <br />4.2 Maintenance. During the term of the Agreement and for at least five (5) years thereafter, <br />Administrator shall maintain at its principal administrative office adequate books and records of all trans- <br />actions among Administrator, Insurer, and Eligible Persons. Such books and records shall be maintained <br />in accordance with prudent standards of insurance recordkeeping. Iowa Code § 510.14. <br />4.3 Iowa Insurance Commissioner Access. Administrator acknowledges that Iowa Code § <br />510.14 provides that "[t]he commissioner shall have access to such books and records for the purpose of <br />examination, audit, and inspection. Trade secrets contained in a third -party administrator's books and rec- <br />ords, including but not limited to the identity and addresses of policyholders and certificate holders, shall <br />be confidential, except the commissioner may use trade secret information in any proceeding instituted <br />against the third -party administrator." Iowa Code § 510.14. <br />4.4 Insurer Access. Insurer retains the right to continuing access to Administrator's books and <br />records sufficient to permit Insurer to fulfill all of its contractual obligations to Eligible Persons, subject to <br />any restrictions in the Agreement on the proprietary rights of the Parties in Administrator's books and <br />records. Iowa Code § 510.14. <br />5. Claims Payment. The Parties agree that Administrator will not collect any premiums or charges <br />for coverage paid by or on behalf of Eligible Persons for Insurer. The payment of return premiums or <br />Claims by Insurer to Administrator, if any, shall not be deemed payment to Eligible Person or claimant <br />113 <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 />