1. SERVICE AGREEMENT. Subject to Client’s compliance with these Intelligent Network Services terms and conditions contained herein, McKesson agrees to arrange for a McKesson-selected vendor (the “INS Vendor”) to provide the following intelligent network services (the “Intelligent Network Services”) to Client:

  1. Electronic verification of eligibility and/or adjudication of claims with third party claims processors;
  2. Electronic verification of eligibility for Medicare prescription drug benefits; and
  3. Determination of where to route a pharmacy claim when a patient’s third party payor or Medicare card is not available or when the patient’s benefit information on file with Client is no longer accurate. Notwithstanding Section 7 of the Agreement, McKesson may terminate the Intelligent Network Services immediately, without penalty, if requested to do so by the Intelligent Network Service Vendor.

2. USE OF INTELLIGENT NETWORK SERVICE.

  1. Client agrees to utilize the Intelligent Network Services in accordance with the Agreement, its exhibits or attachments, all applicable law and regulations now or hereafter imposed, and McKesson and/or INS Vendor-provided instructions and specifications, and to provide McKesson and/or the INS Vendor with the necessary data in the proper format to enable the INS Vendor to properly furnish Intelligent Network Services.
  2. Client represents and warrants that Client has obtained all patient consents or authorizations necessary for the transmission of information to McKesson and/or to the INS Vendor, and handling thereof, as provided herein.
  3. McKesson is subject to payer and third party processing requirements, and McKesson reserves the right from time to time, as may be reasonable necessary, without liability to Client or its customers, to suspend, revise, modify, or update any part of the Intelligent Network Services, upon reasonable notice to Client, to the extent that McKesson modifies the Intelligent Network Services for all customers, and provided that McKesson does not materially reduce the level of services provided.
  4. Client agrees to use the Intelligent Network Services solely for Client’s internal business purposes and with EnterpriseRx®, Third Party Software, and/or EnterpriseRx® Hardware, as applicable.

3. ADDITIONAL TERMS FOR THE USE OF COMMERCIAL E1 TRANSACTIONS SERVICES (IF APPLICABLE).
The following terms shall apply only if Client uses Commercial E1 Transaction Services:

  1. Client agrees to comply with the terms and conditions of the INS Vendor Materials, as such may exist from time to time, and any other policies, procedures, and requirements applicable to access the INS Vendor’s network. “INS Vendor Materials” means any implementation guides, Intelligent Network Service network operations guide, and other materials that the INS Vendor or McKesson provides to Client to enable its use of the Commercial E1 Transactions Services, as such materials may be further developed or modified by the INS Vendor and provided by McKesson.
  2. Client represents and warrants that Client and each person at a Client Facility is authorized under applicable law to issue or receive the relevant messages with respect to the Commercial E1 Transactions Services.
  3. Client is solely responsible for obtaining the equipment necessary to access and utilize the INS Vendor’s network, including, without limitation, modems, Internet access and appropriate telecommunications services.
  4. Client shall not (i) use the INS Vendor’s network in any manner which would allow the general public access thereto, or (ii) authorize any use of the INS Vendor’s network for the benefit of any person or entity other than Client.
  5. Client acknowledges that the INS Vendor shall own all directory and related information from Client that shall come to reside within the INS Vendor’s network database, whether provided by the INS Vendor, McKesson or otherwise, including all root, identity, and location- related information.
  6. The INS Vendor shall be entitled to (i) disclose information received from Client for the purpose of (and only to the extent necessary for) operating the INS Vendor’s business with respect to the delivery of the Commercial E1 Transactions Services and providing its services, but only in accordance with all applicable laws and regulations, or pursuant to a valid order issued by a duly authorized court or Government authority; and (ii) utilize, transfer, or disclose aggregated information, including, but not limited to, summary statistics, that has been de-identified in accordance with Title 45, Section 164.514 of the Code of Federal Regulations, such that it does not identify an individual and cannot be used to identify an individual for any purpose.
  7. Client shall not make any use of any data or information provided by the INS Vendor by or through the INS Vendor’s network (but excluding Client’s prescription claim information) except for the specific purposes set forth in this Agreement. Client shall not attempt to capture, open, examine, modify, add commercial or other messages to, repackage, distribute, license, sell or make any commercial use of any data or information provided by or through the INS Vendor’s network other than as specifically permitted under this Agreement.
  8. Commercial E1 Transactions Services that are rejected or return a “patient not found” response are not billable for the Commercial E1 portion of the transaction; however, Client will be billed a standard transaction rate for submitting the Commercial E1 request. Should a patient be found using Commercial E1 service and Client resubmits the claim through the network, Client will incur another standard transaction rate for submitting the claim with the updated information.