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Docusign Envelope ID: 921 F7A24-D5CE-4BCC-9F3C-5E7844661266 <br />OHIO TPA REGULATORY ADDENDUM <br />With respect to the following provisions required by the State of Ohio, "Administrator" shall mean RIGHT - <br />WAY, and "Plan Sponsor" shall mean Client as that term is defined in the Agreement. <br />Notwithstanding anything in the Agreement to the contrary, Administrator and Plan Sponsor agree as fol- <br />lows: <br />1. Applicability. This Addendum is required by Ohio Revised Code Section 3959.11, 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 Ohio and to the extent Plan Sponsor is a "plan" or a "plan sponsor" as <br />defined in Ohio Rev. Code § 3959.01. <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. Record Retention. <br />3.1 The Agreement. Administrator and Plan Sponsor shall retain a copy of the Agreement as <br />part of their respective official records for the term of the Agreement and five (5) years thereafter. Ohio <br />Rev. Code § 3959.11(A). In the event a policy or contract is issued to a trust, trustee or trustees of a benefit <br />plan, Administrator will provide a copy of the trust agreement, and any amendments thereto, to Plan Spon- <br />sor and Administrator shall retain such documents for the duration of the Agreement and for five (5) years <br />thereafter. Ohio Admin. Code § 3901-8-05(K). <br />3.2 Maintenance. During the term of the Agreement and for at least five (5) years thereafter, <br />Administrator shall maintain at its principal office or branch office customary books and records of all <br />transactions and information relative to Eligible Persons in accordance with the terms and conditions of the <br />Agreement. Administrator shall keep the following types of books and records on behalf of Plan Sponsor: <br />financial, administrative, claims, Eligible Person records, and complaints and grievances. Such records and <br />files shall belong to Plan Sponsor. Ohio Rev. Code § 3959.11(B), Ohio Admin. Code § 3901-8-05(K). <br />4. Fidelity Bond and Insurance. Administrator shall possess and maintain a fidelity bond in accord- <br />ance with the provisions set forth in Ohio Administrative Code Rule 3901-8-05(E)(5). Administrator does <br />not have or maintain and will not procure any stop loss insurance with respect to Plan Sponsor. Ohio <br />Admin. Code § 3901-8-05(K). <br />5. Client Funds. Administrator shall collect and hold Plan Sponsor's Plan funds in accordance with <br />the provisions set forth in the Agreement. Ohio Admin. Code § 3901-8-05(K). <br />6. Administrator Relationship. Unless disclosed in its annual report provided to Plan Sponsor pur- <br />suant to OAC 3901-8-05(1), Administrator does not have any ownership interest and/or material business <br />relationships between Administrator or its officers, directors, shareholders, partners, or trustees and any <br />insurance, reinsurance, or other ultimate risk bearer, or any other business entity which the Administrator <br />148 <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 />