Section 6 of the Retail Addendum to the Caremark Provider Agreement - Terms of Participation in Medicare Part D (begins on page 76 of the Provider Manual) is deleted and replaced with the following language:

"Provider agrees to make its books and records available in accordance with, and for the period required by 42 C.F.R. § 423.505(i)(2), which gives HHS, the Comptroller General, or their designees (collectively, "Government Parties"), the right to audit, evaluate and inspect any books, contracts, records, computers, or other electronic systems, including medical records, and documentation of Provider involving transactions related to CMS’ contract with a Part D Plan Sponsor (collectively, "Records"), and that these rights continue for a period of ten (10) years from the termination date of the Provider Agreement, ten (10) years after the final date of any Part D Plan Sponsor’s contract with CMS to offer a Medicare Part D Plan, or ten (10) years after the date of completion of any CMS audit of a Part D Plan Sponsor, whichever is later; provided that Provider must maintain its prescription records in their original format for the period required by applicable state Law, if any, but may, subject to applicable CMS guidance, then transfer such prescription records to an electronic format that replicates the original prescription for the remaining years of the (ten) 10 year retention period. In the case of a request by a Government Party for the direct disclosure by Provider to the Government Party of Records, Provider shall (1) provide Caremark with prompt written notice of the Government Party’s request so that Caremark can object or intervene as it deems proper; and (2) take all appropriate steps to protect the confidentiality of the Records, including labeling it "CONFIDENTIAL AND PROPRIETARY – FOIA EXEMPT" and attaching a statement provided by Caremark explaining the application to the Records of any Freedom of Information Act or other exemptions to disclosure; and (3) provide Caremark with the opportunity to review the Records that is subject to disclosure to the Government Party prior to Provider’s release of same to the Government Party. Provider also agrees to maintain records and provide access in accordance with 42 C.F.R. 423.505(b)(10)."

*Please see attached for more information*