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Docusign Envelope ID: 921 F7A24-D5CE-4BCC-9F3C-5E7844661266 <br />KANSAS TPA REGULATORY ADDENDUM <br />With respect to the following provisions required by the State of Kansas, "Administrator" shall mean <br />RIGHTWAY, 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 by Kansas Statute Annotated Section 40-3802, to the <br />extent such requirements are applicable to the services provided by Administrator under the Agreement and <br />such requirements are not already addressed in the Agreement. This Addendum applies to the extent Eli- <br />gible Person(s) reside in the State of Kansas and to the extent Insurer is subject to Kansas Statute Annotated <br />Sections 40-3802. <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. Written Agreement. The written Agreement between Administrator and Insurer shall be in place <br />before Administrator may act in the capacity of a third party administrator to Insurer. The functions that <br />Administrator will perform on behalf of Insurer, as well as the lines, classes, and types of coverage that <br />Administrator is authorized to administer on behalf of Insurer, shall be as stated in the written Agree- <br />ment. Administrator and Insurer shall each maintain the Agreement as part of their official records for a <br />minimum of five (5) years after termination of the Agreement. Kan. Stat. Ann. § 40-3802(a), (b). <br />4. Records. <br />4.1 Administrator shall maintain and make available to Insurer complete books and records of <br />all transactions performed on behalf of Insurer. Such books and records shall be maintained in accordance <br />with prudent standards of insurance record keeping and shall be maintained for a period of not less than <br />five (5) years from the date of their creation. Kan. Stat. Ann. § 40-3805(a). <br />4.2 The Kansas Commissioner of Insurance shall have access to such books and records for <br />the purposes of examination, audit and inspection. Any documents, materials or other information in the <br />possession or control of the commissioner that are furnished by a TPA, payor, insurance producer or an <br />employee or agent thereof acting on behalf of the TPA, payor or insurance producer or obtained in an <br />investigation, shall be confidential by law and privileged, shall not be subject to the open records act, shall <br />not be subject to subpoena, and shall not be subject to discovery or admissible in evidence in any private <br />civil action. The commissioner is authorized to use such documents, materials or other information in the <br />furtherance of any regulatory or legal action brought as a part of the commissioner's official duties. The <br />provisions of this paragraph shall expire on July 1, 2022, unless the legislature reviews and reenacts this <br />provision prior to July 1, 2022. Kan. Stat. Ann. § 40-3805(b). <br />4.3 Neither the commissioner nor any person who receives documents, materials or other in- <br />formation while acting under the authority of the commissioner shall be permitted or required to testify in <br />any private civil action concerning confidential documents, materials or information subject to subsection <br />(b). Kan. Stat. Ann. § 40-3805(c). <br />115 <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 />