EXHIBIT 10.9(b)
FIRST AMENDMENT TO THE FIRST AMENDED AND RESTATED PRESCRIPTION
BENEFIT MANAGEMENT AGREEMENT
THIS FIRST AMENDMENT TO THE FIRST AMENDED AND RESTATED PRESCRIPTION BENEFIT
MANAGEMENT AGREEMENT is made by and between PROVANTAGE BENEFIT PRESCRIPTION
MANAGEMENT SERVICES, INC., a Minnesota corporation, with its principal place of
business at 000 Xxxxxxx Xxx, Xxxxx Xxx, Xxxxxxxxx 00000, hereinafter referred to
as "PROVANTAGE" and AMERICAN MEDICAL SECURITY, INC., a Delaware corporation with
its principal place of business at 0000 XXX Xxxxxxxxx, Xxxxx Xxx, Xxxxxxxxx
00000, hereinafter referred to as "AMS".
Whereas, PROVANTAGE and AMS have entered into a First Amended and Restated
Prescription Benefit Management Agreement dated as of March 14, 1996 ("PBM
Agreement"); and
Whereas, PROVANTAGE and AMS have agreed to amend the PBM Agreement as set forth
herein; and
Whereas, pursuant to certain Addendum and Assumption Agreements various Health
Plans have agreed to participate in the PBM Agreement including all amendments.
Now Therefore, the parties agree to modify the PBM Agreement as follows:
1. Exhibit B, AMS Data Sheet, Part 3, Paragraph 1, Pricing Guidelines.
Effective May 15, 1997, the mail service reimbursement rates for BRANDED
PRODUCTS shall be deleted and replaced with the following.
BRANDED PRODUCTS. [Intentionally omitted.]
2. Exhibit B, AMS Data Sheet, Part 4, Paragraph 4, Retail Pharmacy
Reimbursement. Effective March 1, 1997, the retail pharmacy reimbursement
rates for GENERIC PRODUCTS shall be deleted and replaced with the
following:
GENERIC PRODUCTS: [Intentionally omitted.]
3. Exhibit B, AMS Data Sheet, Part 5B. Effective December 1, 1997, the claims
processing charge for non-pharmacy (user) claims received and processed shall be
deleted and replaced with the following:
[Intentionally omitted.]
4. Effectiveness of PBM Agreement. Except as set forth in this First Amendment
to the First Amended and Restated Prescription Benefit Management
Agreement, all of the provisions of the PBM shall remain unchanged and in
full force and effect.
IN WITNESS WHEREOF, this First Amendment to the First Amended and Restated
Prescription Benefit Management Agreement is signed and sealed by the parties as
set forth below, effective as set forth herein.
AMERICAN MEDICAL SECURITY, INC.
/s/ Xxxx X. Xxxxxxxxx
By: _________________________ Date: _____________________
Vice President
Title: ______________________
PROVANTAGE PRESCRIPTION BENEFIT MANAGEMENT SERVICES, INC.
By: _________________________ Date: _____________________
Title: ______________________
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The following entities are executing this First Amendment to the First Amended
and Restated Prescription Benefit Management Agreement to acknowledge their
agreement with all of the terms and conditions set forth herein. The following
signatures may be attached to this Agreement in two or more counterparts, each
of which will be deemed an original. The failure of any one or more of the
following entities to execute this Agreement shall not in any way affect the
enforceability or validity of this First Amendment to the First Amended and
Restated Prescription Benefit Management Agreement between AMS and PROVANTAGE,
or the effectiveness of the signature by any of the remaining entities.
UNITY HMO OF ILLINOIS, INC.
/s/ Xxxx X. Xxxxxxxxx
By: _____________________ Date: ___________________
Title: __________________
AMERICAN MEDICAL SECURITY HEALTH PLAN, INC.,
d/b/a American Medical HealthCare, a Florida Corporation
/s/ Xxxxxxx X. Day
By: _____________________ Date: ___________________
Title: __________________
