EX-10.2






APPENDIX X




	 	 	 	 	 
	Agency Code: 12000 (Health)	 	Contract Number: C-014386
	Period: October 1, 1997 through June 30, 2005	 	Funding Amount for Period: No change







This is an AGREEMENT between THE STATE OF NEW YORK, acting by and through the Department of
Health, having it’s principal office at Corning Tower, Empire State Plaza, Albany, NY,
(hereinafter referred to as the STATE), and Wellcare of New York, Inc.(hereinafter
referred to as the CONTRACTOR), for modification of Contract Number C-014386 as amended as
follows:



Appendix ., Section II, entitled “Obligation and Activities of the Business Associate” paragraphs
(b) and (d) are hereby amended to comply with new federal Health Insurance Portability and
Accountability (“HIPAA”) regulations governing security of electronic information by addition of
new provisions, appearing here in italics.



(b) The Business Associate agrees to use the appropriate safeguards to prevent use of disclosure
of the Protected Health Information other than as provided for by this Agreement and to implement
administrative, physical and technical safeguards that reasonably and appropriately protect the
confidentiality, integrity and availability of any electronic Protected Health Information that it
creates, receives, maintains or transmits on behalf of the Covered Entity pursuant to this
Agreement.



(d) The Business Associate agrees to report to the Covered Program, any use or disclosure of the
Protected Health Information not provided for by this Agreement, as soon as reasonably practicable
of which it becomes aware. The Business Associate also agrees to report to the Covered Entity any
security incident of which it becomes aware.



All other provisions of said AGREEMENT shall remain in full force and effect.



IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the dates appearing under
their signatures.



	 	 	 	 	 
	     

	 	     
	 	

	 
	 	 	 	 
	CONTRACTOR SIGNATURE

	 	STATE AGENCY SIGNATURE
	 	

	 
	 	 	 	 
	By: /S/ Todd S. Farha

	 	By: /S/ Judith Arnold
	 	

	 
	 	 	 	 
	 	 	 

	 
	 	 	 	 
	Todd S. Farha

	 	Judith Arnold
	 	

	 
	 	 	 	 
	 	 	 

	 
	 	 	 	 
	Title: President & Chief Executive Officer

	 	Title: Deputy Commissioner
	 	

	 
	 	 	 	 
	 	 	Division of Planning, Policy, and Resource Development

	 
	 	 	 	 
	Date: 03/29/05

	 	Date: 04/01/05
	 	

	 
	 	 	 	 
	 	 	 

	 
	 	 	 	 
	
 
	 	State Agency Certification

•
	 	

“In addition to the acceptance of the contract.








	 	•	 	I also certify that original copies of this






	 	•	 	signature page will be attached to all other






	 	•	 	exact copies of this contract.”





     



	 	 	 	 	 
	STATE OF FLORIDA
	 	 	)	 
	 
	 	)  SS.:







COUNTY OF HILLSBOROUGH



On the 29th day of March 2005, before me personally appeared Todd S. Farha, to me
known, who being by me duly sworn, did depose and say that he resides at Tampa, Florida, that he is
the President & Chief Executive Officer of the WellCare of New York, Inc., the corporation
described herein which executed the foregoing instrument; and that he signed his name thereto by
order of the board of directors of said corporation.



 /S/ Kathleen R. Casey  




(Notary) Kathleen R. Casey



STATE COMPTROLLER’S SIGNATURE



Title:     


Date:     04/18/05