1st Amendment 02/18/2009DANNY L. KOLHA GE
CLERK OF THE CIRCUIT CO UR T
DATE: April 21, 2009
TO: Maria Z. Fernandez- Gonzalez
Senior Administrator - Benefits
FROM: Pamela G. Hanc c . C.
At the February 18, 2009, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
HIPPA (Health Insurance Portability and Accountability Act) Business Associate
Contract Addendum between Monroe County and Walgreens Health Initiatives, Inc. The
purpose of this addendum is to satisfy certain standards and requirements of HIPPA and HIPPA
Regulations, including, but not limited to Title 45, Section 164.50(e) of the Code of Federal
Regulations.
Amendment No. 1 to the Prescription Management Plan Services Agreement between
Monroe County and Walgreens Health Initiatives, Inc. (WHI).
Enclosed is a duplicate original of each of the above - mentioned for your handling.
Should you have any questions please do not hesitate to contact this office.
cc: County Attorney
Finance
File ✓
AMENDMENT NO. 1
TO
PRESCRIPTION MANAGEMENT PLAN SERVICES AGREEMENT
This Amendment No. 1 to Prescription Management Plan Services Agreement
( "Amendment ") is entered into by and between Monroe County ( "County ") and Walgreens
Health Initiatives, Inc. ( "WHI ").
RECITALS
1. County and WHI are parties to that certain Prescription Management Services
Plan Agreement effective as of October 1, 2008 ( "Agreement "); and
2. The parties desire to amend certain of the terms of the Agreement.
Therefore, in consideration of the covenants and agreements set forth herein,
County and WHI agree to amend the Agreement as set forth in this Amendment, effective
as of October 1, 2008, unless otherwise stated herein.
AMENDED TERMS
1. Article II of Exhibit B is deleted in its entirety and replaced with the following:
II. SPECIALTY PHARMACY DRUGS. County acknowledges that certain drugs available
on the market will not be subject to the rates set forth in Article I, above, due to
reasons such as, but not limited to, nonstandard administration, necessity for case
management, limited availability, unique shipping or handling requirements, and
specialized manufacturer process and /or purchase arrangements. Such drugs are
referred to herein as "Specialty Pharmacy Drugs." Examples of Specialty Pharmacy
Drugs include biotechnology drugs and certain compounds. For purposes of this
Agreement "WHI Specialty Pharmacy Drugs" will mean those Specialty Pharmacy
Drugs dispensed via WHI's parent company's Specialty Pharmacy distribution system
( "WHI Specialty Pharmacy System "). The rates for the dispensing of any WHI
Specialty Pharmacy Drugs will be as set forth in the list of Specialty Pharmacy Drugs
prices, available upon written request from WHI, as updated from time to time by WHI,
provided that to the extent any WHI Specialty Pharmacy Drugs are not included on
such list, the rates in Section I.A. will apply. County further acknowledges that the
dispensing of Specialty Pharmacy Drugs may be limited to the Participating Mail
Service Pharmacy, other subcontracted mail service provider, or certain Participating
Pharmacies only. To the extent WHI is required to enter into a unique arrangement
with a pharmacy for the dispensing of certain Specialty Pharmacy Drugs due to
reasons such as, but not necessarily limited to, limited distribution or days' supply
availability, County will pay WHI at the then current rates at which WHI pays the
dispensing pharmacy. Notwithstanding the foregoing, if the rate set forth in this Article
II is less than the Member copayment fee, WHI will receive as reimbursement, at a
minimum, the lower of the Member copayment fee or the dispensing pharmacy's usual
retail charge.
2. The recitals set forth above are incorporated herein and made a part of this
Amendment. This Amendment is hereby added to and incorporated into the Agreement.
AMENDMENT ONE PBM AGREEMENT 2009. draft 1
The terms and conditions of this Amendment will control in the event of any conflict with the
terms and conditions set forth elsewhere in the Agreement or by subsequent amendment in
writing, signed by the parties, except to the extent that such provisions of this Amendment
are specifically referred to and amended or superseded by such amendments.
IN WITNESS W REOF, the arties hereto have caused these presents to be executed on the
. day of _
nj f
200
(SEA
Attest: DANNY L. KOLHAGE,
CLERK OF MONROE COUNTY,
FLO
B
Deputy Clerk
(CORPORATE SEAL)
ATTEST:
By �
BOARD OF COUNTY COMMISSIONERS
B, A-fty-.za
Mayor /Chairman
WALGREENS HEALTH INITIATIVES, INC.
VP
By
Printed Name. R ichard Ashworth
Title: VP, PBM Services
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MONROE COUNTY ATTORNEY
PRO ED TE
CYNTHIA L. HALL
ASST ANT COUNTY ATTORNEY
Date__]- 7-&- 1-00?
AMENDMENT ONE PBM AGREEMENT 2009. draft 1