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Docusign Envelope ID: 921 F7A24-D5CE-4BCC-9F3C-5E7844661266 SOUTH DAKOTA TPA REGULATORY ADDENDUM With respect to the following provisions required by the State of South Dakota, "Administrator" shall mean RIGHTWAY, and "Insurer" shall mean "Client" as that term is defined in the Agreement. Notwithstanding anything in the Agreement to the contrary, Administrator and Insurer agree as follows: 1. Applicability. This Addendum is required in order to include the requirements of South Dakota Codified Laws § 58-29D-5 in the Agreement to the extent such requirements are applicable to the services provided by Administrator under the Agreement, and such requirements are not already addressed in the Agreement. This Addendum applies to the extent Eligible Person(s) reside in the State of South Dakota and Insurer is an "insurer" as defined in South Dakota Codified Laws § 58-29D-3. 2. General. In the event of a direct conflict between this Addendum and the Agreement, the applica- ble provisions of this Addendum shall control if required. Absent such direct conflict, the terms and con- ditions of the Agreement shall remain in full force and effect. Capitalized terms not defined in this Adden- dum shall have the same meaning as set forth in the Agreement. This Addendum may be modified from time to time pursuant to the Agreement. 3. Underwriting. The Parties agree that Administrator does not provide any underwriting services to Insurer. Insurer understands and agrees that all underwriting decisions pertaining to the Plan are solely the responsibility of Insurer. S.D. Codified Laws § 58-2913-5. 4. Fiduciary Account and Payment of Claims. 4.1 The Parties agree that Administrator will not collect premiums or charges for insurance paid by or on behalf of any Eligible Person for Insurer. Payment of return premiums or Claim payments forwarded by Insurer to Administrator, if any, may not be deemed to have been paid to the Eligible Person or claimant until such payments are received by the Eligible Person or claimant. Nothing in this section limits any right of Insurer against Administrator resulting from the failure of Administrator to make pay- ments to Insurer, Eligible Persons or claimants. S.D. Codified Laws § 58-29D-7. 4.2 Return of premiums received from Insurer, if any, shall be held by Administrator in a fi- duciary capacity. Such funds shall be immediately remitted to the person or persons entitled to them or shall be deposited promptly in a fiduciary account established and maintained by Administrator in a federally or state Eligible Person financial institution. The Agreement between Administrator and Insurer provides for Administrator to periodically render an accounting to Insurer detailing all transactions performed by Ad- ministrator pertaining to the business underwritten by Insurer. S.D. Codified Laws § 58-2913-14. 4.3 If charges or premiums are deposited in a fiduciary account and have been collected on behalf of or for one or more insurers, Administrator shall keep records clearly recording the deposits in and withdrawals from the account on behalf of each insurer. Administrator shall keep copies of all the records and, upon request of Insurer, shall furnish Insurer with copies of the records pertaining to such deposits and withdrawals. S.D. Codified Laws § 58-29D-15. 4.4 Administrator may not pay any Claim by withdrawals from a fiduciary account in which premiums or charges are deposited. Withdrawals from such account shall be made as provided in the Agree- ment between Administrator and Insurer. The Agreement shall address the following: (1) Remittance to an 163 This document is CONFIDENTIAL AND PROPRIETARY to RIGHTWAY Healthcare, Inc. and may not be reproduced, transmitted, published, or disclosed to others without the prior written authorization of RIGHTWAY Healthcare, Inc.