6.02
6.03
6.04
6.05
6.06
6.07
best judgment as to the approach to adopt, subject to the Plan Sponsor’s final approval,
but PDA cannot guarantee the complete accuracy of the adopted approach.;
(c) In generating drug benefit cost information for purposes of requesting Medicare Drug
Subsidy payments, PDA will need to report any rebates or other manufacturer’s
discounts, credits or like amounts received by the Plan Sponsor or the Plan or being
credited against the administrative expenses of the Plan Sponsor or the Plan. It is the
Plan Sponsor’s responsibility to provide accurate and actual numbers for the amounts of
rebates and other administrative allowances described in this subsection to PDA ina
timely manner for Final Reconciliation;
(d) While PDA will keep Plan Sponsor up-to-date on progress, PDA will also provide a
final cost report upon reconciliation for the final costs submitted for each plan year. Any
interim filings and the applicable notices of the deposit transaction for Electronic Fund
Transfers by CMS will be confirmed via the Plan Sponsor’s designated bank account
deposit transactions, and the confirmation emails as provided by the CMS/RDS
affirming payment approval and deposit increments; and
(e) New Final Reconciliation. While PDA will assist Plan Sponsor with a New Final
Reconciliation for a Reconciled Plan Year, Plan Sponsor shall first verify that all
information provided for that New Final Reconciliation is accurate and correct, and the
Plan Sponsor shall be solely responsible for completing Step 12 of the New Final
Reconciliation.
Amendment; Assignment. This Agreement may not be amended without the express written
consent of both parties. No assignment by either party pertaining to this Agreement shall be
valid without the express written consent of the other party, which consent will not be
unreasonably withheld.
Confidentiality. PDA recognizes that it shall be provided with personal information
regarding Members of the Plan in the course of providing services under this Agreement.
PDA shall safeguard such information to ensure that no person who does not need to know
such information has access to such information. To the extent required by law, PDA will
enter into a “Business Associate Agreement” with the Plan and/or Plan Sponsor, provided
that no such Business Associate Agreement shall alter or amend the rights and
responsibilities of the parties under this Agreement.
Consultation with Plan Sponsor. PDA shall consult with and obtain prior approval from Plan
Sponsor and/or legal counsel designated by Plan Sponsor when legal matters regarding the
Plan arise.
Entire Agreement. The entire agreement between the parties concerning the subject matter
hereof is incorporated into this document, the Business Associate Agreement and any
exhibits or addenda hereto. This Agreement (including Exhibit A (Compensation), Exhibit B
(Illustrative List of Information), and Attachment B (Business Associate Agreement).
Attachment C (Authorization and Request for Release of Documents and Data) or addenda
hereto) supersedes all previous agreements whether oral or written between the parties
concerning the subject matter hereof.
Governing Law. This Agreement shall be governed exclusively by the laws of the State of New
Hampshire, and any Iitigafion shall be brought in a court located in the State of New Hampshire.
Headings. The headings of this Agreement are solely for the convenience of the parties and
do not affect the meaning or interpretation of any provision of this Agreement.
City of Nashua 7 SA Revised March 2016
