2019-842 Health - Walgreens drug dispense

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6 . 3 . Walgreens Records . Walgreens shall maintain customary business and pharmacy records relating to its responsibilities under this Agreement , including without limitation prescription dispensing records regarding Eligible Patients , payments received from Eligible Patients and Covered Entity, and 340B Drug ordering, receiving , and dispensing information ( "Walgreens Records " ) in an accessible and auditable form , separate from the records of Walgreens ' other operations , and in full compliance with all applicable state and federal laws , rules and regulations . Walgreens Records shall be maintained by Walgreens for such period as is required by applicable law . Notwithstanding the foregoing , unless otherwise provided for elsewhere in this Agreement or required by federal and state laws and regulations , Walgreens Records shall not include Walgreens ' usual and customary pricing data , any other financial and administrative records not related to Walgreens responsibilities under this Agreement , or any proprietary or confidential information related to Private Insurers or the Contracted Rate , including but not limited to the identity of a Private Insurer by claim . 6 . 4 . Covered Entity Audits . During normal working hours and upon fifteen ( 15 ) business days advance written notice to the address set forth in Section 8 . 11 , below , Walgreens shall permit Covered Entity access to review Walgreens Records in order to confirm that no diversion of 340B Drugs to non - Eligible Patients and no duplicate discounts have occurred ( "Audit " ) and also the right to make photocopies of Walgreens Records . Walgreens acknowledges that Covered Entity may contract with an independent outside auditor with experience auditing pharmacies to conduct the Audit . Covered Entity shall provide Walgreens with advance notice of the identity of any such independent outside auditor and shall not utilize any such auditor to which Walgreens has reasonable objection . Covered Entity shall conduct no more than one Audit per calendar year . The parties acknowledge and agree that in no event shall Audit findings or conclusions be based upon either statistical sampling or extrapolation . Nothing in this paragraph shall be construed to prevent or limit : ( i ) an audit originated by Manufacturer, DHHS , HRSA , or as otherwise required by law ; or ( ii ) review of the Report by Covered Entity or an Audit of the information contained therein . 6 . 5 . Compliance Violations . In the event that Covered Entity determines that 340B Drug diversion or duplicate discounts have occurred or that it is otherwise unable to comply with its responsibility to ensure compliance with the 340B Drug Program , then it must take immediate remedial action to assure compliance and notify the Office of Pharmacy Affairs regarding such compliance problems and actions taken to remedy those problems . 7 . TERM AND TERMINATION 7 . 1 . Term . The term of this Agreement shall commence on the Effective Date and shall continue in effect for a three ( 3 ) -year period thereafter, unless terminated earlier as provided herein . Upon expiration of the initial term , this Agreement may be renewed for successive one -year terms by duly executed written agreement . 7 . 2 . Implementation of this Agreement . Covered Entity and Walgreens will establish a mutually agreed upon implementation schedule , which may include implementing 340B Drugs , Pharmacy Locations , Covered Entity Locations , and eligible prescribers on a rolling basis . The implementation schedule will be documented in an email or other written communication between the parties . Walgreens ' obligation to provide services hereunder, including but not limited to 340B Pharmacy Services and Inventory Maintenance Services , will commence upon the applicable date ( s ) set forth in the implementation schedule established by the parties ( " Implementation Dates ) " ) . Individual Pharmacy Locations will only be implemented after they are registered and identified as active in the HRSA 340B 10of24 MAT- 63397 OrangeCountyHD - WAG 340B 10312019 ( be ) V1 . 0 © 2019 Walgreen Co . All rights reserved .