Laserfiche WebLink
Docusign Envelope ID: 921 F7A24-D5CE-4BCC-9F3C-5E7844661266 <br />INDIANA PBM REGULATORY ADDENDUM <br />With respect to the following provisions required by the State of Indiana, "PBM" shall mean RIGHTWAY, <br />and "Insurer" shall mean Client. <br />Notwithstanding anything in the Agreement to the contrary, PBM and Insurer agree as follows: <br />1. Applicability. This Addendum is required by Ind. Code Ann. § 27-1-24.5-25 et seq., in order to <br />include the requirements thereof to the extent such requirements are applicable to the services provided by <br />PBM under the Agreement, such requirements are applicable to the services provided by PBM under the <br />Agreement, and such requirements are not already addressed in the Agreement. This Addendum applies to <br />the extent Eligible Person(s) reside in the State of Indiana and Insurer is a "Contract holder" as defined by <br />Ind. Code Ann. § 27-1-24.5-0.7. <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. Any provision of this Agreement that is contrary to the terms of <br />Ind. Code Ann. § 27-1-24.5-25 is superseded by the terms of that statute. Ind. Code Ann. § 27-1-24.5-25. <br />3. PBM Compensation. PBM shall provide notice to Insurer of any consideration, including direct <br />or indirect remuneration, that PBM receives from a pharmacy manufacturer or group purchasing organiza- <br />tion for formulary placement or any other reason. Any provision of this Agreement that is contrary to the <br />terms of Ind. Code Ann. § 27-1-24.5-25 is superseded by the terms of that state. Ind. Code Ann. § 27-1- <br />24.5-25. <br />4. Books and Records. <br />4.1 Insurer Audit. Insurer may, one (1) time in a calendar year and not earlier than six (6) <br />months following a previously requested audit, request an audit of compliance with the Agreement as pro- <br />vided by Indiana law.. Ind. Code Ann. § 27-1-24.5-25(a). <br />4.2 Disclosure to Insurer. Insurer shall have the right to request that PBM make various dis- <br />closures to Insurer under Indiana law regarding the PBM's compensation. Ind. Code Ann. §§ 27-1-24.5- <br />25-26. <br />7-1-24.5- <br />25-26. <br />4.3 Commissioner Examination. PBM and Insurer acknowledge that the Commissioner of the <br />Indiana Department of Insurance shall have the right to examine all books and records maintained by <br />PBM. Ind. Code Ann. § 27-1-24.5-20(b). <br />83 <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 />