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Docusign Envelope ID: 921 F7A24-D5CE-4BCC-9F3C-5E7844661266 <br />NEW HAMPSHIRE TPA REGULATORY ADDENDUM <br />With respect to the following provisions required by the State of New Hampshire, "Administrator" shall <br />mean 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 New Hampshire Revised Statute § 402-H:2, 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 New Hampshire and Insurer is an "insurer" as defined in the New <br />Hampshire Revised Statutes § 402-H:6(VII). <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. Duties of Insurer. Unless Insurer provides self-funded benefits, Insurer shall be responsible for <br />determining the Covered Products, premium rates, underwriting criteria, and Claims payment procedures, <br />and for securing reinsurance, if any. The rules pertaining to these matters must be provided, in writing (as <br />applicable), by Insurer to Administrator. The responsibilities of Administrator as to these matters shall be <br />set forth in the Agreement. It shall be the sole responsibility of Insurer to provide for competent admin- <br />istration of its programs. NH Rev. Stat. § 402-H:6(I)-(II). <br />4. Payment. <br />4.1 The Parties agree that Administrator will not collect any premiums or charges for insurance <br />paid by or on behalf of any Eligible Person for Insurer. Payment of return premiums or Claims, if any, by <br />Insurer to Administrator shall not be deemed payment to the Eligible Person or claimant until such pay- <br />ments are received by the Eligible Person or claimant. Nothing herein shall limit any right of Insurer against <br />Administrator resulting from its failure to make payments to the Eligible Persons or claimants. NH Rev. <br />Stat. § 402-11:3. <br />4.2 To the extent Administrator pays a Claim from money collected for or on behalf of Insurer, <br />such Claim shall be paid by on drafts or checks of and as authorized by Insurer. NH Rev. Stat. § 402- <br />H:7(IV). <br />5. Record Retention. <br />5.1 The AVreement. Administrator and Insurer shall retain, as part of their official records, a <br />copy of the Agreement for the term of the Agreement and five (5) years thereafter. NH Rev. Stat.§ 402- <br />H:2(I). <br />5.2 Maintenance. For a period of not less than five (5) years from the date of creation, Admin- <br />istrator shall maintain complete books and records of all transactions performed on behalf of Insurer in <br />accordance with prudent standards of insurance recordkeeping. NH Rev. Stat. § 402-HA(1). <br />137 <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 />