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Docusign Envelope ID: 921 F7A24-D5CE-4BCC-9F3C-5E7844661266 <br />NEW YORK PBM REGULATORY ADDENDUM <br />With respect to the following provisions required by the State of New York, "PBM" shall mean RIGHT - <br />WAY, and "Health Plan" shall mean Client. <br />Notwithstanding anything in the Agreement to the contrary, PBM and Health Plan agree as follows: <br />1. Applicability. This Addendum is required by 11 N.Y.C.R.R. § 456.5 to include the requirements <br />thereof to the extent such requirements are applicable to the services provided by PBM under the Agree- <br />ment, such requirements are applicable to the services provided by PBM 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 York and Health Plan is a "health plan" as defined in N.Y. Pub. Health <br />Law § 280-a(1)(a). <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. Disclosure of Agreement. Notwithstanding anything to the contrary in this Agreement, the New <br />York Department of Financial Services ("DFS") is authorized to request copies of the terms and conditions <br />of the Agreement. PBM is prohibited from including in the Agreement any confidentiality provisions re- <br />lated to disclosures to DFS and shall not require prior approval from any party prior to disclosure to DFS. <br />Upon the DFS superintendent's request, PBM must transmit the Agreement to the department within 15 <br />business days, unredacted and in full. N.Y. Comp. Codes R. & Regs. tit. 11, § 456.5(a). <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 />