Orange County NC Website
Y~ <br />medications. These programs may include mailings to Participants with active prescriptions for targeted drug <br />products or drug classes or to let Participants know that they may qualify for participation in a clinical trial • <br />program. Such mailings may include Participant and drug specific information and/or general educational <br />material. Participants, by notifying Caremark, may opt-out of such programs. <br />b. DUR Services. Caremark will provide its automated concurrent DUR Services for Claims. <br />The information generated in connection with DUR Services is intended as an economical supplement to, and <br />not as a substitute for, the knowledge, expertise, skill, and judgment of physicians, pharmacists, or other health <br />care providers in providing patient care. Providers are individually responsible for acting or not acting upon <br />information generated and transmitted through the DUR Services, and for performing services in each <br />jurisdiction consistent with the scope of their licenses. Notwithstanding anything set forth in this Agreement, <br />Caremark will have no obligation to acquire information concerning any Participant beyond the information <br />that is included in Caremark's eligibility records or the Claims submitted by Participating Pharmacies in <br />connection with the Consumer Card Program. <br />1.8 Formulary Services. Caremark will administer an open formulary for the Member County and will <br />provide certain Services that are designed to provide useful clinical information to physicians (the "Formulary <br />Services"). Caremark may make changes to the Formulary Services described in this Agreement from time to time, and <br />will notify Member County and Customer of any material changes to any formulary management programs. In all <br />cases, the prescribing physician shall have final authority over the drug that is prescribed to the Participant. <br />a. Rebate Contracts. Caremark contracts with certain Manufacturers for Rebate programs. <br />b. Disclosure of Manufacturer Fees. Caremazk may receive fees or other compensation from <br />Manufacturers, including, without limitation, administrative fees not exceeding three percent of the aggregate <br />cost of the pharmaceutical products dispensed to participants, and fees for property provided or services <br />rendered to a Manufacturer (which may include providing physicians clinical messages consistent with the <br />Performance Drug List, as defined below). Caremark's specialty pharmacies may also receive fees from <br />Manufacturers for products and services provided. In addition, Caremazk's mail order and specialty • <br />pharmacies may negotiate on their own behalf directly with Manufacturers for discounts, including rebated <br />discounts based on market share or other factors. The term Rebates as used in this Agreement does not include <br />these fees and discounts which belong exclusively to Caremark or Caremark's mail order or specialty <br />pharmacies, respectively. <br />G Participant Authorizations and Disclosures. Customer and Member County shall comply <br />with all Laws applicable to it as a sponsor of the Services or as otherwise consistent with its obligations under <br />this Agreement. <br />d. Additional Participant Discounts. Caremazk may provide a program that will provide <br />Participants with additional manufacturer discounts on certain drugs at the point of sale. From time to time, <br />Caremark may revise the list of drugs that have additional participant discounts. The current list of drugs on <br />which Participants may receive additional discounts is available upon request. Caremark will timely notify <br />Member County and Customer of any revisions to this list of drugs. <br />1.9 Management Reports. Caremark will provide Member County and Customer with Caremazk's <br />standard management reports in connection with the Services, which reports may change from time to time at <br />Caremark's discretion. Member County and Customer may elect to receive a reasonable number of the standard <br />management reports made available by Caremark. <br />1.10 Mail Service Program. Caremark may provide to Member County mail order pharmacy services <br />through its mail order pharmacy facilities. For the duration of this Agreement, Member County agrees that it will offer <br />only Caremark mail order pharmacy services for its Participants covered under this Agreement, as further described <br />below. <br />Caremark shall fill prescriptions for Participants and shall mail such drugs or medications to such Participants subject to <br />the following terms and conditions: <br />NACo k3-v2.dce 02/24/2006 Claim P e 2 of 29 • <br />This document contains proprietary information of Caremark, and may not be used for any purpose other than to evaluate entering into a relationship <br />with Caremark, nor may it be duplicated or disclosed to others for a~ purpose. <br />