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2025-126D
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2025-126D
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Last modified
9/18/2025 10:43:54 AM
Creation date
9/8/2025 1:42:16 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
06/03/2025
Control Number
2025-126D
Agenda Item Number
13.D.1.
Entity Name
Rightway Healthcare, Inc.
Subject
Pharmacy Benefit Management Services Agreement
Document Relationships
2025-126
(Cover Page)
Path:
\Official Documents\2020's\2025
2025-126A
(Cover Page)
Path:
\Official Documents\2020's\2025
2025-126B
(Cover Page)
Path:
\Official Documents\2020's\2025
2025-126C
(Cover Page)
Path:
\Official Documents\2020's\2025
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Docusign Envelope ID: 921 F7A24-D5CE-4BCC-9F3C-5E7844661266 <br />NORTH DAKOTA TPA REGULATORY ADDENDUM <br />With respect to the following provisions required by the State of North Dakota, "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 North Dakota Century Code § 26.1-27-05, 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 North Dakota and to the extent Insurer is an "insurer" as defined in <br />North Dakota Century Code § 26.1-27-02. <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. Claims Payment. To the extent Administrator pays a Claim from money collected for or on behalf <br />of Insurer, such Claim shall be paid by on drafts or checks of and as authorized by Insurer. ND Cent. Code <br />§ 26.1-27-10. <br />4. Records 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 policy is issued to a trust or trustees, <br />Administrator shall provide a copy of the trust agreement and any amendments thereto to the insurer, and <br />shall retain a copy of the trust agreement, with amendments, as part of its official records for the duration <br />of the policy and for five (5) years thereafter. ND Cent. Code § 26.1-27-05. <br />4.2 Maintenance. Administrator shall maintain at its principal office, for the term of the Agree- <br />ment and five (5) years thereafter, adequate books and records of all transactions between Administrator, <br />Insurer, and Eligible Persons in accordance with prudent standards of insurance recordkeeping. ND Cent. <br />Code § 26.1-27-12. <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. ND Cent. Code § 26.1-27-12. Without limiting the foregoing, Insurer may audit Administrator's <br />books, accounts, and records, including de -identified utilization information, as reasonably necessary to <br />confirm that the benefit of a payment received by the Administrator is being shared as applicable and as <br />required by the Agreement. ND Cent. Code § 26.1-27.1-05(2). <br />4.4 North Dakota Insurance Commissioner Access. Administrator acknowledges that North <br />Dakota Century Code § 26.1-27-12 provides that "[t]he commissioner shall have access to such books and <br />146 <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 />
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