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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
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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 />VIRGINIA PBM ADDENDUM <br />With respect to the following provisions required by the State of Virginia, "PBM" shall mean RIGHTWAY, <br />and "Carrier" shall mean Client. <br />Notwithstanding anything in the Agreement to the contrary, PBM and Carrier agree as follows: <br />1. Applicability. This Addendum is required by Virginia Code Ann. §§ 38.2-3407.15:1 and 38.2- <br />3465 in order to include the requirements thereof to the extent such requirements are applicable to the <br />services provided by PBM under the Agreement, such requirements are applicable to the services provided <br />by PBM under the Agreement, and such requirements are not already addressed in the Agreement. This <br />Addendum applies to the extent Eligible Person(s) reside in the State of Virginia and Carrier is a "carrier" <br />as defined in Virginia Code Ann. §§ 38.2-3407.15:1(A) or 38.2-3465. <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 Ad- <br />dendum shall have the same meaning as set forth in the Agreement. This Addendum may be modified <br />from time to time pursuant to the Agreement. <br />3. Pharmacy Audits. To the extent the Agreement requires PBM to perform audits of pharmacies <br />on Carrier's behalf, the following terms and provisions apply in the absence of fraud on the part of the <br />pharmacy: <br />3.1 Legal Compliance. Audits shall be conducted in Virginia in compliance with federal and <br />state laws, rules and regulations, including the provisions of Virginia Code Ann. § 38.2-3407.15:1 and <br />regulations adopted by the Board of Pharmacy. Virginia Code Ann. § 38.2-3407.15:1(C). <br />3.2 Premature Recoupment; Withholding. PBM shall not make charge backs or seek recoup- <br />ment from a pharmacy, or assess or collect penalties from a pharmacy, until the time period for filing an <br />appeal to an initial audit report has passed or until the appeals process has been exhausted, whichever is <br />later. If the identified discrepancy for a single audit exceeds $25,000, future payments in excess of that <br />amount may be withheld pending adjudication of an appeal. Virginia Code Ann. § 38.2-3407.15:1(C). <br />3.3 Recoupment Forbidden. PBM shall not recover from a pharmacy payment of claims that <br />are identified through the audit process to be the responsibility of another payer. No recoupment of <br />amounts paid to a pharmacy for any claim shall be made solely on the basis of a prescriber's or patient's <br />lack of response to a request made by PBM. Virginia Code Ann. § 38.2-3407.15:1(C). PBM may not <br />recoup from the pharmacy as a result of the audit any amounts calculated from or arising out of any other <br />acts, omissions, or reasons identified by Virginia law as excusing recoupment. Virginia Code Ann. § 38.2- <br />3407.15:1(B). <br />3.4 Retroactive Denial Deadline. PBM shall not retroactively deny a claim (i) more than one <br />year after the date of payment of the claim if the reason for denial would be patient ineligibility or (ii) at <br />any time if PBM verified the patient's eligibility at the time of dispensing and provided an authentication <br />number to the pharmacy. Virginia Code Ann. § 38.2-3407.15:1(C). <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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