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AMENDMENT NUMBER 4AMENDMENT NUMBER 4 This Amendment Number 4 is entered into and made effective this the 1St day of January 2022 by and between CorVel Healthcare Corporation ("CorVel") and City of Clearwater FL ("Customer"). WHEREAS, CorVel and Customer entered into the Managed Care Services Agreement for Managed Care Services with an effective date of January 1, 2017 as amended ("Services Agreement") pursuant to which CorVel agreed to provide Customer certain managed care services; and WHEREAS, CorVel and Customer each desire to amend the Services Agreement to revise the parties' contractual arrangement; and NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree to: • Amend Section 8A ("Term") of the Agreement renewing the Agreement for a three (3) year Renewal Term effective January 1, 2022 through December 31, 2024. • Amend Exhibit B ("Fees") to the Agreement replacing the fees as defined hereunder effective January 1, 2022 through December 31, 2024 as follows: Case Mana s ement Services Field Case Management* Telephonic Case Management Nurse File Review $96.00 per hour $96.00 per hour $96.00 I er hour *Plus Current IRS mileage rates Bill Review Services Description Bill Review: Per Bill Pricing $7.54 + Network Solutions includes: Clinical Review, Implant Analysis, Line Item Bill Review, Negotiations, PPO Network Access, Substantive Denials, Technical Evaluation Minimum Transaction Fee 28% of Savings $6.03 Check Writing Fee Per Bill $4.12 State EDI, Scanning/OCR, Initial 1099 Provider Notification Letter Included City of Clearwater Amendment 4 (Renewal, Pricing and Updates) to Managed Care Services Agreement 12-1-21 FINAL Pharmac Benefit Mana ' ement Retail — Brand Retail — Generic Mail Order - Brand Mail Order - Generic AWP - 8% + $3.00 Dis. ensin: Fee AWP - 25% + $1.50 Dis. ensin: Fee AWP - 12% + $1.50 Dis .ensin: Fee AWP - 35% + $1.50 Dispensin: Fee • Amend the Agreement adding the following added, revised and or modified Description of Services: Bill Review Services; ClinicaUTechnical Services; CERiS Services; Preferred Provider Network Access Services; Pharmacy Benefit Services) attached hereunder as Exhibit A to this Amendment. All other terms and conditions of the Services Agreement shall remain in full force and effect. IN WITNESS WHEREOF, CorVel and Customer have caused this Amendment to be executed by the persons authorized to act in their respective names. CITY OF CLEARWATER FL rank V. Hibbard V7 By: dei (0"�. Jon P. Jennings Mayor City Manager A proved aro Attest: Michael P. no Rosemarie Call Senior Assistant City Attorney City Clerk CORVEL IIE,MaicARE CORPORATION By t*-OBEt , 9GB4Oirr. . Brandon O'Brien Print Naine: Title: CFO Date Signed: 12/2/2021 City of Clearwater Amendment 4 (Renewal, Pricing and Updates) to Managed Care Services Agreement 12-1-21 FINAL EXHIBIT A Bill Audit, Review and Payment Services Terms and Conditions 1. DESCRIPTION OF SERVICES (a) CorVel's proprietary bill review program enables an application of the appropriate Standard Fee Schedules or usual and customary values, includes PPO, Technical and Clinical Review, and CERiS, applied to provider bills. 2. DEFINITIONS Bill (per Bill): Each transaction of a bill is considered a separate per bill count. CorVel is able to logically link transactions across logical sequences, but each is its own bill transaction. Clean/Prepared Bill: When the provider charges are deemed to be an accurate reflection of the services rendered based on the provider's documentation. Network Solutions savings such as Clinical Review and Technical Evaluation and other review types can be applied first to the bill for the bill to qualify for the Prepared Bill status. Once at the prepared bill state Standard Fee Schedule savings can be applied. Clinical Review: An additional level of review performed by nurses, system, or coding experts to evaluate appropriateness, relatedness of submitted charges with provided documentation. Implant Analysis: Review of implant charges submitted to a proprietary pricing database and documentation. Implant Analysis results are included as part of Clinical Review. Line Item Bill Review (LIBR): Out of Network Line Item Bill Review: Original charge data U&C review by zip code Fee re -bundling and error removal Separation of charges by diagnosis/procedure Facility to facility cost comparison Individual facility chargemaster analysis and price trending Fair and Reasonable - Universal Chargemaster: The Universal Chargemaster is a compilation of individual hospital line item descriptions from over 85% of the nation's hospitals. It is a virtual thesaurus of hospital billing terms, codes and abbreviations. Specific, unique line item descriptions are defined by the Universal Chargemaster and City of Clearwater Amendment 4 (Renewal, Pricing and Updates) to Managed Care Services Agreement 12-1-21 FINAL appropriately compared to the same service or supply for other hospitals in the same geographical area. Minimum Transaction Fee (MTF): For each bill transaction if the fees on a bill transaction instance do not meet the minimum transaction fee amount, the difference between the fees and the min transaction fee will be automatically added to the fees. Negotiations: A one time or ongoing agreement with the provider to accept a specific payment amount. PPO Network Access: A preferred provider organization (PPO) is a medical care arrangement in which medical professionals and facilities provide services at a negotiated/contracted rate. PPO medical and healthcare providers are called preferred providers. Provider Sendback: Sendbacks occuring when a bill instance does not have enough supporting information from the provider to be a Prepared Bill. The bill is sent back to the provider requesting further information. Standard Fee Schedule: Savings defined as the amount reduced from the Prepared Bill status to the jurisdictional state fee schedule amounts when those amounts are expressly assigned a specific value, not through reference methodologies developed by a third party or federal agency. Substantive Denials: Sendbacks occur when a bill instance does not have enough supporting information from the provider to be a Prepared Bill. The bill is sent back to the provider requesting further information. If the provider does not provide the necessary supporting information after 90 days of the sendback status all bill savings will be considered Substantive Denial Savings and charged accordingly through an automatic bill instance. If the bill is later submitted through another bill instance with further information from the provider, another review will occur which may reverse all or part of the Substantive Denial savings and fees. Technical Evaluation: Applicable to bills when reimbursement is not fully addressed in the jurisdictional fee schedule. State regulations may require payment to be made in accordance with payment methodologies developed by a third party (typically the Centers for Medicare and Medicaid Services (CMS)), often with exceptions or special exemptions added by the state. UCR: "UCR" is defined as : • Usual — A charge is considered "Usual" if it is the fee that most providers in the area charge for the same service. • Customary — A charge is considered "Customary" if it is within the range of fees that most providers who practice in the area charge. • Reasonable — A charge is considered "Reasonable" if it is both usual and customary or if it is justified by the Payor because of complexity. Payor, CorVel or its designees use a nationally recognized third party database for UCR charges. City of Clearwater Amendment 4 (Renewal, Pricing and Updates) to Managed Care Services Agreement 12-1-21 FINAL In determining UCR prevailing rates, Payors, CorVel or their designees use either (a) CorVel's Enhanced Bill Review database or other nationally recognized databases to provide benchmarks for hospital charges in a hospital Health Care Provider's geographic area and (b) databases provided by FAIR Health, Inc. or other nationally recognized databases to provide benchmarks for charges by non -hospital Health Care Providers in the applicable geographic area. The UCR prevailing rate is the 80th percentile of the relevant database benchmark for the fees and charges in Provider's geographic area. 2. DELIVERY OF SERVICES (a) Customer's Obligations (i) During the term of this Agreement, unless agreed to otherwise by the parties in writing, Customer shall utilize CorVel exclusively (even as to Customer) for audit, review and repricing services for Bills related to workers' compensation claims. A breach of the foregoing obligation shall constitute a material breach under this Agreement. Without limiting any other remedies available under law, a breach of the foregoing obligation with respect to PPO (as defined in Schedule 7) Provider Bills will result in immediate termination of all PPO discounts provided by CorVel. (b) CorVel's Obligations (i) CorVel shall provide Bill Review Services described herein to Customer upon receipt of specific requests from Customer. In the absence of instructions from Customer to the contrary, which CorVel must approve, Bill Review Services shall be performed as described herein. (ii) Bill Review Services shall be completed within a reasonable period of time of CorVel's receipt by CorVel of all necessary billing information from Customer ("Complete Billing Information"). (iii) To facilitate timely processing CorVel shall process (A) each Provider Bill within a reasonable period of time and within industry standards after CorVel's receipt thereof, and (B) batches of Provider Bills on a daily basis or as volume dictates. (iv) CorVel shall process PPO Provider reimbursements on behalf of Customer industry standards from receipt of the corresponding Bill Review Audit analysis from CorVel. (v) CorVel will be responsible for monitoring, "flagging" and returning to Customer duplicate copies of a Bill ("Duplicates"). (vi) Any conflicts or complaints from medical providers ("Complaints") concerning Bill Review Services completed by CorVel initially will be handled directly by CorVel. CorVel will provide an initial response to a Complaint and will send a written response to the complainant that summarizes the nature of the Complaint and the steps CorVel has taken to resolve it. Customer may be asked to interject itself into a Complaint between CorVel and a medical provider to resolve the Complaint in a manner acceptable to Customer and as needed by CorVel. Notwithstanding the foregoing, Customer shall retain full responsibility for payment of all benefits and any other expenses or services required to be paid or provided under applicable policies or state and federal workers' compensation laws. (vii) CorVel agrees to supply Customer in the CorVel's standard format a transmission reflecting the results of the Bill Review Services provided hereunder. (c) Savings for the Fee schedule or usual and customary service shall be: City of Clearwater Amendment 4 (Renewal, Pricing and Updates) to Managed Care Services Agreement 12-1-21 FINAL (i) for states having a Standard Fee Schedule: (A) the medical provider's original bill amount; less (B) the billed amount resulting from the allowance based on specified conversion factor(s) multiplied by referenced value(s). (ii) for states not having a state mandated Fee Schedule: (A) the medical provider's original bill amount; less (B) the bill amount resulting from UCR. (d) Scanning Services (i) CorVel will provide Scanning Services and, when appropriate, Optical Character Recognition ("OCR") Services. CorVel will timely and within industry standards, scan all bills and attached medical notes delivered to CorVel necessary for providing Bill Review services. Subject to applicable law and obtaining any required authorizations, CorVel also shall provide Scanning Services for additional claim -related documentation. (ii) All material scanned by CorVel hereunder shall be accessible to Customer through CareMC. Clinical and Technical Assessment Services Terms and Conditions 1. DESCRIPTION OF SERVICES (a) Clinical and Technical Assessment Services. CorVel provides this service to evaluate state specific complex rules and verify coding by providers when appropriate and supported by documentation. This can include clinical review to validate coding is correct for all applicable Provider bills, Ambulatory Surgical Center bills, and all Hospital bills (inpatient and outpatient) including: (i) review and analysis of codes, charges, and billing structure for incorrect coding, incorrect billing, bundling, and up -coding of procedures which affect Standard Fee Schedule values; (ii) review of bills, records, and documentation by a nurse and/or by a coder; (iii) separation of charges not related to the compensable injury; (iv) review and apply complex state specific rules; (v) application of utilization review determinations and clinical edits; (vi) diagnostic related group validation (i.e., verification that the diagnostic related group billed is appropriate for the services rendered); and (vii) cost shifting of revenue and CPT codes. 2. DELIVERY OF SERVICES (a) CorVel will timely and within industry standards, complete Review Services and return the reviewed Bills to Customer, with any adjustments to identified overcharges. (b) Savings for the Review Services shall be: (i) for states having a state mandated Standard Fee Schedule: (A) the bill amount in the Fee Schedule; less (B) the bill amount resulting from the nurse review services. (ii) for states not having a state mandated Standard Fee Schedule: (A) the medical provider's original bill amount; less (B) the bill amount resulting from the nurse review services. City of Clearwater Amendment 4 (Renewal, Pricing and Updates) to Managed Care Services Agreement 12-1-21 FINAL (iii) for states having a state mandated Standard Fee schedule (A) the medical provider's original bill amount; less (B) the bill amount resulting from technical review services. (iv) for states not having a state mandated Standard Fee Schedule: (A) the medical provider's original bill amount; less (B) the bill amount resulting from the technical review services. (c) Customer Responsibilities (i) Customer shall pay bills reviewed by CorVel in a timely manner in accordance with all state guidelines, and agrees to waive any bill audit and/or other retrospective reviews regarding all bills for which CorVel has secured a reduction from the original billed charges. (ii) If a medical provider submits an appeal, the bill will be reviewed again and, if any adjustment is necessary, CorVel will provide that information on the Explanation of Review (EOR). CERiS (Hospital Bill Itemization Review Services; Negotiation Services; Implant Cost Review Service) Terms and Conditions 1. DESCRIPTION OF SERVICES (a) Hospital Line Itemization Review Services. (CERiS) performs its Services on Hospital Bills (inpatient and outpatient) and consist of procurement of actual bill itemization, (i) a line -by-line validation and comparison of the itemization description charges actually billed by a particular hospital to what CMS billing guidelines allow to be separately billed for in order to disallow inappropriate charges, and then will compare the valid itemization descriptions to the average itemization description charges utilized by other hospitals within a pre -designated geographic area, and and (ii) a review of charges that fall outside of any pre -contracted discounts or fee schedules, and generates payment recommendations in accordance with the Customer's "Payors Allowable" language. This service does not itself include negotiation services nor Implant Cost Services. (b) Negotiation Services. (CERiS) will provide negotiation services with respect to all Hospital Bills (inpatient and outpatient). CorVel will contact the provider for agreement of the negotiated rate. A signed agreement regarding such rates will be maintained by CorVel. CorVel will use its commercially reasonable efforts to enter into an agreement regarding negotiated rates in accordance with a mutually agreed upon schedule. (c) Implant Cost Review Service. (CERiS) includes Implant Cost Review services with respect to the applicability of the Customer's "Payors Allowable" plan or policy language that specifically addresses implant payments. CorVel will identify and provide the manufacturers implant cost through its proprietary repository of national implant invoice data. CorVel then determines the recommended payment in accordance with the Customer's "Payors Allowable". In the event there is insufficient implant invoice data for the requested implant, CorVel will notify the Customer and CorVel shall not be responsible for any costs, fees, damages or penalties for any such inability of CorVel to produce a cost savings per Customer's request. 2. DELIVERY OF SERVICES (d) When applicable CorVel will timely within industry standards, complete CERiS Services and return the reviewed Hospital Bills to Customer, together with a written summary of any adjustments to identified overcharges. (e) Savings for the CERiS Services shall be: City of Clearwater Amendment 4 (Renewal, Pricing and Updates) to Managed Care Services Agreement 12-1-21 FINAL (i) for states having a state mandated Fee Schedule: (A) the bill amount in the Fee Schedule; less (B) the bill amount resulting from CERiS Services. (ii) for states not having a state mandated Fee Schedule: (A) the medical provider's original bill amount; less (B) the bill amount resulting from the CERiS Services. (f) Customer Responsibilities (i) Customer shall pay bills reviewed by CorVel in a timely manner in accordance with all state guidelines, and agrees to waive any bill audit and/or other retrospective reviews regarding all bills for which CorVel has secured a reduction from the original billed charges. (ii) Customer will identify all bills that are not eligible for Enhanced Bill Review Services due to: (A) compensability; (B) a pre -negotiated rate with Customer or other previously established discount; (C) services that are "review only" due to litigation or other non- payment issues; and (D) duplicate bills. (g) If a medical provider questions the adjustment and/or balance bills the patient, and the claim payor notifies CorVel of such communication, CorVel will provide documentation of its findings. If the hospital provides corrective or qualifying information sufficient to alter our original adjustments, CorVel will revise its report, advise the claim payor of the new, corrected adjustment. Only in the event of a successful appeal of the reduction of the bill by the medical provider shall Customer be entitled to receive a credit for the portion of the fee previously charged for the amount of the adjustment successfully appealed. Preferred Provider Network Access Services (PPO) Terms and Conditions I. DESCRIPTION OF SERVICES (a) CorVel's preferred provider organization is a network of hospitals, physicians and other providers ("Participating Providers") that offer services at pre -negotiated Provider rates ("PPO Network"). CorVel also provides state certified preferred provider organization networks in states that maintain such networks. II. DELIVERY OF SERVICES (a) CorVel will provide Customer with access to its PPO Network provided it is the exclusive preferred provider organization utilized by Customer. CorVel may at any time and in its sole discretion add and/or terminate any provider to or from the PPO Network. (b) CorVel will provide Customer with a web -based directory of its PPO Network providers. (c) Customer agrees that, during the Term of this Agreement Customer will not contract directly or indirectly with Participating Providers made known to Customer under this Agreement. (d) Customer will make reasonable effort to channel all Covered Persons to the Participating Providers as are allowed under the laws of that service area or state. City of Clearwater Amendment 4 (Renewal, Pricing and Updates) to Managed Care Services Agreement 12-1-21 FINAL Pharmacy Benefit Program Terms and Conditions I. DESCRIPTION OF SERVICES. (a) CorVel shall be the exclusive provider of a Pharmacy Program inclusive of a PBM and a Provider Network representing Participating Pharmacy Providers that are obligated upon and after identification of a participant within CorVel's PBM to: i. Accept a contracted rate, and ii. Apply mandated processes and CorVel's Formulary and Concurrent Drug Utilization Review program at point -of -service before dispensing prescribed medications. II. DEFINITIONS. (a) "AWP" shall mean the Average Wholesale Price for a Brand or Generic Drug Product. CorVel bases Customer pricing off of the reported AWP value from Medi -Span and the date of service. (b) "AWP Discount" shall mean the PBM discounts CorVel applies, per Customer's negotiated rates, to Covered Brand and Generic Drug Products, Compound Drugs and Specialty Meds. (c) "Brand Drug" shall mean a Covered Drug defined as a brand name drug in PBM proprietary Generic Code Conversion ("GCC") logic. (d) "Compound Drugs" shall be systematically identified when processing through the PBM via the Formulary. Drug compounding is often regarded as the process of combining, mixing, or altering ingredients to create a medication tailored to the needs of an individual patient. Compounding includes the combining of two or more drugs. Compounded drugs are not FDA -approved. (e) "Concurrent Drug Utilization Review" ("DUR") shall mean the algorithm systematically applied at a Participating Pharmacy before dispensing that considers the Presenting Drug's safety and efficacy in context with other drugs that have been dispensed. In addition, the algorithm includes applicable protocols and guidelines based on the Presenting Drug and specific claim history, such as the time period from the last fill of the same Drug. (f) "First Fill" shall mean a prescription filled by a Participating Pharmacy for a limited supply of Covered Drugs for a claim that is not, at the time, eligible. First Fill transactions follow CorVel's First Fill Formulary. The First Fill Formulary is for the immediate treatment of injuries, including common exposure drugs/vaccines. The pharmacy is instructed to fill any formulary prescription written by the treating physician, whether or not the claim is accepted as a workers' compensation claim. Most claims are ultimately accepted. (g) "Formulary" shall mean CorVel's Workers' Compensation Standard or state specific drug/drug class and brand/generic specific triggers systematically applied at a Participating Pharmacy before dispensing a Presenting Drug that prompts the pharmacy through its adjudication system to either: dispense the Presenting Drug, convert from brand to generic, attain approval to dispense,. City of Clearwater Amendment 4 (Renewal, Pricing and Updates) to Managed Care Services Agreement 12-1-21 FINAL (h) "Generic Drug" shall mean a Covered Drug, whether identified by its chemical, proprietary, or non-proprietary name, that (i) is accepted by the FDA as therapeutically equivalent and interchangeable with drugs having an identical amount of the same active ingredient; and (ii) defined as a generic drug in PBM proprietary Generic Code Conversion ("GCC") logic. In the adjudication process, CorVel applies Customer's negotiated Generic Drug discount rate to the AWP value of Covered Generic Drugs. (i) "GCC" refers to PBM proprietary Generic Code Conversion logic. GCC logic converts Medi -Span codes to the brand and generic codes used for claims adjudication. (j) "Good Samaritan (Emergency) Fill" shall mean a limited supply of Covered Drugs that are outside of the Formulary and typically dispensed outside of normal business hours (overnight, weekends or holidays) by a Participating Pharmacy without Customer's or CorVel's approval in order to meet, in the pharmacist's professional judgment, an immediate or urgent need. Customer is responsible for payment of drug charges processed through Good Samaritan Fills; CorVel assumes no liability. (k) "Mail Order Program" or "Home Deliver Program" shall mean the managed program from which Covered Drugs are dispensed and billed through CorVel's PBM. A pharmacy's status as a mail order pharmacy does not indicate participation in the CorVel PBM Mail Order Program. Mail Order participation is limited to designated pharmacies operating within the strict parameters of CorVel's Mail Order Program. "Multi Source Brand" shall mean a Covered Drug specified as a brand name drug available from more than one manufacturer as determined by CorVel primarily using a combination of data fields provided to CorVel by Medi -Span (or another nationally available reporting source that may be selected by CorVel). Multi Source Brand Drugs are eligible for conversions to Generic Drugs at the Participating Pharmacy. (m) "Multi Source Generic" shall mean a Covered Drug specified as a multi source generic drug as determined by CorVel primarily using a combination of data fields provided to CorVel by Medi -Span (or another nationally available reporting source that may by selected by CorVel). Generic Drugs in their six month exclusivity period or limited supply drugs may be excluded from Multi Source Generic Drugs. (n) "PBM" shall mean Pharmacy Benefits Manager. CorVel performs as the PBM on behalf of its Customers. (1) (o) "Presenting Drug" shall mean the drug ordered by the prescriber and presented on a signed prescription to a Participating Pharmacy and processed through CorVel's PBM. "Rate application exceptions," per Billing and Payments of Pharmacy Program (below) sections (d) and (e), apply when either State Fee Schedule AWP Values or Customer's Negotiated PBM AWP Discount rates are lower than CorVel's Acquisition Price. CorVel's Acquisition Price reflects CorVel's cost of the Covered Drug plus a processing and management fee. (p) (q) "Single Source Brand" shall mean a Covered Drug specified as a brand name drug available from only one manufacturer as determined by CorVel primarily using a City of Clearwater Amendment 4 (Renewal, Pricing and Updates) to Managed Care Services Agreement 12-1-21 FINAL combination of data fields provided to CorVel by Medi -Span (or another nationally available reporting source that may by selected by CorVel). Single Source Brand Drugs are not eligible for conversions to Generic Drugs. (r) "Single Source Generic" shall mean a Covered Drug as determined by CorVel that may not have been purchased by pharmacies at standard Multi Source Generic Drug rates because of limited manufacturers, limited supply or exclusivity rights. In the adjudication process, Customer's Brand Drug AWP Discount value may be applied to Single Source Generic Drugs. (s) "Specialty Medications" shall mean certain pharmaceuticals, biotech or biological drugs, that are Covered Drugs used in the management of chronic or genetic disease, including but not limited to, injectable, infused, or oral medications, or products that otherwise require special handling. In the adjudication process, Customer's Claims Professional's approval is required, and Customer's Brand Drug AWP Discount value and dispensing fee may be applied irrespective of the Presenting Drug's GCC (Generic Code Conversion) status. III. DELIVERY OF SERVICES. (a) CorVel shall provide its Pharmacy Program's PBM and Network for the benefit of Customer. (b) Eligibility, First Fill, Pharmacy Identification (ID) Cards, and Mail Order/Home Delivery. Pharmacy ID cards contain the necessary data elements to enable a Participating Pharmacy provider to electronically process through and transmit claim data to CorVel's PBM. The electronic transmission that occurs at the point of sale is required for application of Formulary, Concurrent Drug Utilization Review and contractual pricing. i. Customer agrees to promptly provide CorVel all information needed to produce and distribute Pharmacy ID cards to Eligible Claimants. Subject to applicable law, Customer will instruct Eligible Claimants to use the Pharmacy ID cards at participating network providers in order to facilitate the Pharmacy Program. ii. Distribution of Pharmacy ID cards does not guarantee that Pharmacy ID cards will be appropriately utilized by Eligible Claimants or Participating Pharmacies; therefore, Customer understands that claims assigned by Pharmacies to third party billers or paper bills submitted by the Pharmacies are not adjudicated through the prospective PBM. iii. CorVel, agrees to produce and distribute Pharmacy ID cards to Eligible Claimants upon receipt of all necessary Eligible Claimant information from Customer. CorVel will also send an introduction letter to the Eligible Claimant along with the Pharmacy ID card. iv. CorVel will provide access for Eligible Claimants to the PBM Mail Order Program. CorVel will work with Customer to establish the parameters of the Mail Order Program and the process which will be utilized to encourage Eligible Claimant use of the Mail Order Program. City of Clearwater Amendment 4 (Renewal, Pricing and Updates) to Managed Care Services Agreement 12-1-21 FINAL (c) CorVel's PBM will present a proprietary or state mandated Formulary to Customer. Upon presentation of identification to a Participating Pharmacy, the Formulary will trigger the Participating Pharmacy's adjudication system to either: i. Automatically dispense certain medications, or Obtain Prior Authorization (PA) approval from claims professional to dispense, (d) CorVel's PBM will implement a Concurrent Drug Utilization Review ("DUR") program on behalf of Customer,. Concurrent DUR includes a review of the drug history at the time the prescription is presented. Absent Customer's directions, DUR shall be performed in accordance with CorVel's PBM's standard service model. IV. BILLING AND PAYMENTS OF PHARMACY PROGRAM. (i) Financial obligations of parties. (a) Customer shall be financially responsible for all drug charges incurred by claimants for dispensed medications processed under CorVel's PBM. CorVel assumes no liability for drug charges with the exceptions noted below in subsection (b) If the CorVel claims professional determines, upon receipt of CorVel's PBM invoice, that specific formulary and non -formulary drugs should not have been dispensed, the CorVel claims professional should inform the PBM as soon as possible. • The PBM will request a reversal from the Participating Pharmacy. If granted, CorVel will reverse the drug charges, however, if the Pharmacy does not grant the PBM's request, Customer is responsible for payment of the drug charges; CorVel assumes no liability for drug charges with the exceptions noted below in subsection iii. (c) Upon receipt of an invoice, CorVel claims professional may timely dispute charges for drugs that were dispensed in error, triggering CorVel's PBM to reverse the drug charges, by notifying CorVel for any of the following reasons: • CorVel's PBM and/or the Participating Pharmacy's violation of Formulary or Utilization Review Parameters set forth in Customer's DUR program, or in the Claimant Level Formulary; or • Duplicate or inadvertent entries or other clerical mistakes on a PBM invoice. (ii) Invoicing and Payment. On a per Covered Drug basis CorVel will apply daily for all drug charges and fees related to the PBM directly to the claim file. CorVel shall invoice and bill directly all prescription fees to the specific claims file. CorVel uses Medi -Span as our AWP data source. CorVel's Medi -Span database is updated daily and AWP values are applied on the date of dispense. In all states with the exception of California, Customer will be billed the lessor of the state fee schedule AWP or the CorVel's negotiated rate. City of Clearwater Amendment 4 (Renewal, Pricing and Updates) to Managed Care Services Agreement 12-1-21 FINAL (iii) Both parties understand that pricing indices historically used (including under this Agreement) for determining the financial components of pharmacy billing rates are outside the control of CorVel and Customer. The parties also understand there are extra -market industry, legal, governmental and regulatory activities which may lead to changes relating to, or elimination of, these pricing indices that could alter the financial positions and expectations of both parties as intended under this Agreement. Both parties agree that, upon entering into this Agreement and thereafter, their mutual intent has been and is to maintain pricing neutrality as intended and not to benefit one party to the detriment of the other. Accordingly, to preserve this mutual intent, if pricing neutrality does change and CorVel undertakes any or all of the following: (a) Changes the AWP source, or other source if AWP is not applicable, across its book of business (e.g., from Medi -Span to First Databank); or (b) Maintains AWP, or other source if AWP is not applicable, as the pricing index with an appropriate adjustment in the event the AWP, or other, methodology and/or its calculation is changed, whether by the existing or alternative sources; or (c) Transitions the pricing index from AWP, our other source if AWP in not applicable, to another index or benchmark (e.g., to Wholesale Acquisition Cost); Customer's negotiated PBM pricing will be modified as reasonably and equitably necessary to maintain the pricing intent under this Agreement. V. California Modification On April 15, 2016, the State of California Department of Industry Relations applied the new Federal Upper Limit (FUL) index to the California Pharmacy Workers' Compensation Fee Schedule. The new FUL index has resulted in a need for CorVel to modify our current pricing structure based on the fee schedule changes and our contract language. The FUL's impact and the modification is limited to generic drugs; brand drug pricing will not change. As per our contract, the modification will maintain "pricing neutrality" between both parties. City of Clearwater Amendment 4 (Renewal, Pricing and Updates) to Managed Care Services Agreement 12-1-21 FINAL