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Docusign Envelope ID: 921F7A24-D5CE-4BCC-9F3C-5E7844661266 <br />NEVADA TPA REGULATORY ADDENDUM <br />With respect to the following provisions required by the State of Nevada, "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 in order to include the terms mandated by Nevada Re- <br />vised Statutes § 683A.086 to the extent such requirements are applicable to the services provided by Ad- <br />ministrator under the Agreement, and such requirements are not already addressed in the Agreement. This <br />Addendum applies to the extent Eligible Person(s) reside in the State of Nevada, and to the extent Insurer <br />is an "insurer" as defined in Nevada Revised Statutes § 683A.083. <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 advertise the insurance which it administers only after Adminis- <br />trator receives approval of Insurer who underwrites the business involved. Nevada Rev. Stat. § 683A.087. <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. Nevada Rev. Stat. § 683A.086(4). <br />4.2 Maintenance. During the term of the Agreement and for at least five (5) years thereafter, <br />Administrator shall maintain adequate books and records of all transactions among Administrator, Insurer, <br />and Eligible Persons. Such books and records shall be maintained in accordance with prudent standards of <br />insurance recordkeeping and with regulations of the Nevada Insurance Commissioner. After the five (5) <br />year period, Administrator may store the contents of the books and records on microfilm or other technology <br />or return them to the appropriate Insurer. Nevada Rev. Stat. § 683A.0873(1). <br />4.3 Nevada Insurance Commissioner Access. Administrator acknowledges that Nevada Re- <br />vised Statutes § 683A.0873(2) provides that "[t]he Commissioner may examine, audit, and inspect books <br />and records maintained by an administrator under the provisions of this section to carry out the provisions <br />of NRS 679B.230 to 679B.300, inclusive." <br />4.4 Confidentiality of Eligible Persons' Information. The names and addresses of Eligible Per- <br />sons and any other material identifying Eligible Persons which is in the books and records of Administrator <br />are confidential except as otherwise provided in Nevada Revised Statutes § 239.0115 and except when used <br />in proceedings against Administrator. Nevada Rev. Stat. § 683A.0873(3). <br />4.5 Insurer Access. Insurer may inspect and examine all books and records to the extent nec- <br />essary to fulfill all contractual obligations to Eligible Persons, subject to restrictions in the Agreement. Ne- <br />vada Rev. Stat. § 683A.0873(4). <br />134 <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 />