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7. EXHIBIT 3 — NOTICES/REQUIRED DISCLOSURES, Section 2.3 "Physician Ratings and <br /> Rankings" is amended by replacing the first sentence of the paragraph with the following: <br /> "Employer acknowledges that Claim Administrator may, in accordance with and subject to all <br /> applicable laws and regulations, utilize nationally recognized standards and guidelines to rate and <br /> rank certain Physicians, classify certain Physicians into tiers, and may publish and make available <br /> to Employer and Covered Persons certain Physician-specific information that includes, and is not <br /> limited to, ratings, rankings, tiers, and other comparisons of a Physician's performance against <br /> certain standards,measures and other physicians,and that Claim Administrator may publish and/or <br /> share such information with Employer,Covered Persons and other third parties." <br /> 8. EXHIBIT 3 — NOTICESIREQUIRED DISCLOSURES, Section 7 "MEDICARE SECONDARY <br /> PAYER INFORMATION REPORTING" is amended by adding the following Section 7.5: <br /> "7.5 Employer acknowledges that Employer shall be responsible for any Civil Money Penalties <br /> ("CMP")imposed against Claim Administrator as a result of Employer's failure to promptly <br /> notify Claim Administrator of any change in the number of individuals employed by <br /> Employer or status of its Employees that might affect the order of payment under the MSP <br /> statute." <br /> 9. EXHIBIT 7 — PHARMACY BENEFIT MANAGEMENT SERVICES, Section 6. g. "Audits" is <br /> deleted in its entirety and replaced with the following: <br /> "g. Audits: In addition to the audit rights available pursuant to Section 2.11 of the Agreement <br /> or as otherwise required by law, Employer may request that Claim Administrator inspect <br /> and/or audit Prime's records, pursuant to the terms and conditions of the agreement <br /> between Claim Administrator and Prime,as they relate to the Claims under the Agreement. <br /> Subject to the audit terms pursuant to Section 2.11 of the Agreement or as otherwise <br /> required by law, Employer may also audit Prime's records as they relate to the <br /> aforementioned Claims by coordinating such audit through Claim Administrator and <br /> executing an audit agreement with Prime as a party.Audits will be performed during normal <br /> business hours and are subject to providing Claim Administrator and Prime with reasonable <br /> advance written notice. Prime will make available records, as they relate to the Claims, <br /> unless Prime is legally or otherwise contractually prohibited from doing so. No material <br /> shall be copied or removed from Claim Administrator or Prime without prior written approval <br /> by Prime or Claim Administrator as applicable. Employer will bear its own cost and <br /> expenses for all such audits." <br /> 111. EXHIBIT 7 — PHARMACY BENEFIT MANAGEMENT SERVICES, Section 9 "Termination", <br /> subsection e.is deleted in its entirety and replaced with the following: <br /> "e. By Claim Administrator pursuant to Ex. 2 Section 7.1, upon Employer's failure to pay all <br /> amounts due under the Agreement or this Exhibit including, but not limited to, all amounts <br /> pursuant to and in accordance with the specifications of the Fee Schedule of the most <br /> current ASO BPA and BPA Addendum." <br /> 11. EXHIBIT 7— PHARMACY BENEFIT MANAGEMENT SERVICES, Section 11 "DEFINITIONS", <br /> 35. "Specialty Drugs" is amended by replacing the last sentence of the paragraph with the <br /> following: <br /> "The list of Specialty Drugs is determined by Prime or Claim Administrator, may be further defined <br /> in the BPA Addendum, and subject to change." <br /> IL Gen Med-CF Non-ERISA ASA Amendment Rev.7.24 <br /> 3 <br /> Proprietary and Confidential Information of Claim Administrator <br /> Not for use or disclosure outside Claim Administrator,Employer,their respective affiliated companies,and <br /> third-party representatives,except with written permission of Claim Administrator. <br />