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Docusign Envelope ID: 921 F7A24-D5CE-4BCC-9F3C-5E7844661266 <br />KENTUCKY TPA REGULATORY ADDENDUM <br />With respect to the following provisions required by the State of Kentucky, "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 Kentucky Revised Statutes Section 304.9-371, to <br />the extent such requirements are applicable to the services provided by Administrator under the Agreement <br />and such requirements are not already addressed in the Agreement. This Addendum applies to the extent <br />Eligible Person(s) reside in the State of Kentucky and Insurer is subject to Kentucky Revised Statutes <br />Chapter 304, Subtitle 9. <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. Payment. <br />3.1 The Parties agree that Administrator will not collect any premiums or charges for coverage <br />paid by or on behalf of Eligible Persons for Insurer. Payment of return premiums or Claims by Insurer to <br />Administrator, if any, shall not be deemed payment to the Eligible Person until such payments are received <br />by the Eligible Person. Nothing herein shall limit the right of Insurer against Administrator resulting from <br />Administrator's failure to make payments to Insurer or any Eligible Person. Ky. Rev. Stat. § 304.9-372. <br />3.2 To the extent Administrator pays a Claim from money collected for or on behalf of Insurer, <br />such Claim shall be paid only on drafts of and as authorized by Insurer. Ky. Rev. Stat. § 304.9-376. <br />4. Record Retention. <br />4.1 The Agreement. Administrator and Insurer shall retain a copy of the Agreement for the <br />term of the Agreement and five (5) years thereafter. In the event a contract is issued to a trustee(s), Admin- <br />istrator shall Tarnish a copy of the trust agreement and any amendments thereto to Insurer, and Administra- <br />tor shall retain such documents for the term of the Agreement and five (5) years thereafter. Ky. Rev. Stat. <br />§ 304.9-371. <br />4.2 Maintenance. Administrator shall maintain at its administrative office, for the term of the <br />Agreement and five (5) years thereafter, adequate books and records of all transactions between Adminis- <br />trator, Insurer, and Eligible Persons in accordance with prudent standards of insurance industry recordkeep- <br />ing. Ky. Rev. Stat. § 304.9-373. <br />4.3 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. Ky. Rev. Stat. § 304.9-373. <br />119 <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 />