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Docusign Envelope ID: 921 F7A24-D5CE-4BCC-9F3C-5E7844661266 <br />NEW MEXICO TPA REGULATORY ADDENDUM <br />With respect to the following provisions required by the State of New Mexico, "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 New Mexico Statute § 59A -12A4, to the extent <br />such requirements are applicable to the services provided by Administrator under the Agreement and such <br />requirements are not already addressed in the Agreement. This Addendum applies to the extent Eligible <br />Person(s) reside in the State of New Mexico and Insurer is an "insurer" as defined in Chapter 59A of the <br />New Mexico Statutes. <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. Business Name. Administrator shall transact business under its own name and shall not do busi- <br />ness in New Mexico under a false or misleading name or under a name that is the same as or that closely <br />resembles the name of any other administrator licensed in New Mexico. NM Stat. Ann. § 59A -12A-13. <br />4. Written Agreement. The Agreement sets forth the duties that Administrator is expected to per- <br />form on behalf of Insurer and the lines, classes, or types of insurance for which Administrator is to be <br />authorized to administer. N.M. Code R. § 13.4.5.20. <br />5. Payment. <br />5.1 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. The payment of Claims by Insurer to Administrator, <br />if any, shall not be deemed payment to the Eligible Person or claimant until such payments are received by <br />the Eligible Person or claimant. Nothing herein shall limit any right of Insurer against Administrator re- <br />sulting from its failure to make payments to the Eligible Persons or claimants. NM Stat. Ann. § 59A -12A- <br />5. <br />5.2 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. NM Stat. Ann. § 59A - <br />12A -10. <br />6. Record Retention. <br />6.1 The Agreement. Administrator and Insurer shall retain a copy of the Agreement as part of <br />their official records for the term of the Agreement and five (5) years thereafter. In the event a policy is <br />issued to a trust or trustees, Administrator shall provide a copy of the trust agreement and any amendments <br />thereto to the insurer, and shall retain a copy of the trust agreement, with amendments, as part of its official <br />records for the duration of the policy and for five (5) years thereafter. NM Stat. Ann. § 59A -12A-4. <br />140 <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 />