exhibit10-1.htm


    
      

    

    Back
      to Form 8-K
      Exhibit
        10.1

       

      

        
          AMENDMENT
            #2

        

        
          BETWEEN

        

        
          THE
            FLORIDA HEALTHY KIDS CORPORATION

        

        
          AND
            HEALTHEASE OF FLORIDA, INC. AND WELLCARE HMO, INC.

        

        
          


          THIS
            AMENDMENT entered into between the Florida Healthy Kids Corporation ("FHKC")
            and
            HEALTHEASE OF FLORIDA, INC. AND WELLCARE HMO, INC. (collectively referred
            to as
            "INSURER") amends the Contract dated October 1, 2005 (the
            "CONTRACT").

        

        
          


          WHEREAS,
            the Contract between FHKC and INSURER allows for amendments to the Contract
            by
            mutual written consent of the Parties; and

        

        
          


          WHEREAS,
            Sections 3-16 and 3-17 of the Contract between FHKC and INSURER allow
            for the
            consideration of an annual rate adjustment subject to FHKC's. review
            and
            approval; and

        

        
          


          WHEREAS,
            INSURER has requested a rate adjustment that has been approved subsequently
            by
            FHKC effective October 1, 2007; and

        

        
          


          WHEREAS,
            Attachment A ("Attachment") specifies the monthly per Enrollee per month
            rate
            for the counties covered under the Contract.

        

        
          


          THEREFORE,
            the Parties agree to the following Amendment to the Contract:

        

        
          


          I.        Exhibit
            A, Section I of the Contract is amended to read:

        

        
          I.        Premium
            Rate

        

        
          


          The
            Comprehensive Medical Care Services premium for the coverage period October
            1,
            2007 through September 30, 2008 shall be as follows:

        

        
          


          Rate
            Adjustment Amendment -Effective Date: October 1,
            2007                             


        

        
          Page
            1 of
            4                                                                                                          

        


        
          
            
            

          

          
            
            

            
              

            

          

          
            
            

          

        


        
          


        

        
          	
                  As
                    to HealthEase of Florida, Inc.

                
	
                  Citrus:

                	
                  $104.69
                    per member per month

                
	
                  Duval:

                	
                  $123.41
                    per member per month

                
	
                  Escambia:

                	
                  $109.60
                    per member per month

                
	
                  Highlands:

                	
                  $120.92
                    per member per month

                
	
                  Jefferson:

                	
                  $106.30
                    per member per month

                
	
                  Lake:

                	
                  $80.24
                    per member per month

                
	
                  Madison:

                	
                  $106.30
                    per member per month

                
	
                  Martin:

                	
                  $108.56
                    per member per month

                
	
                  Putnam:

                	
                  $99.71
                    per member per month

                
	
                  Wakulla:

                	
                  $104.69
                    per member per month

                


        

        
          


        

        
          	
                  As
                    to WellCare HMO, Inc.:

                
	
                  Brevard:

                	
                  $98.08
                    per member per month

                
	
                  Broward:

                	
                  $104.53
                    per member per month

                
	
                  Charlotte:

                	
                  $106.30
                    per member per month

                
	
                  Collier:

                	
                  $106.30
                    per member per month

                
	
                  Miami-Dade:

                	
                  $104.53
                    per member per month

                
	
                  Desoto:

                	
                  $106.30
                    per member per month

                
	
                  Hernando:

                	
                  $135.88
                    per member per month

                
	
                  Hillsborough:

                	
                  $86.60
                    per member per month

                
	
                  Lee:

                	
                  $104.53
                    per member per month

                
	
                  
                    Manatee:

                  

                	
                  $106.30
                    per member per month

                
	
                  
                    Orange:

                  

                	
                  $86.60
                    per member per month

                
	
                  
                    Osceola:

                  

                	
                  $86.60
                    per member per month

                
	
                  
                    Palm
                      Beach:

                  

                	
                  $104.53
                    per member per month

                
	
                  
                    Pinellas:

                  

                	
                  $86.60
                    per member per month

                
	
                  
                    Sarasota:

                  

                	
                  $106.30
                    per member per month

                
	
                  
                    Seminole:

                  

                	
                  $86.60
                    per member per month

                


        

        
          


        

        
          


          
            	
                     

                  	
                    II.
                      The effective date of this Amendment is October 1, 2007. All
                      other
                      provisions of Section 3-17 and the Contract in its entirety
                      shall remain
                      in full force and effect as executed by the Parties effective
                      October 1,
                      2005.

                  


          

        

        
          


          All
            provisions of the Contract and any attachments thereto in conflict with
            this
            Amendment shall be and are hereby changed to conform to this
            Amendment.

        

        
          


          All
            provisions not in conflict with this Amendment are still in effect and
            are to be
            performed as specified in the Contract. This Amendment is hereby made
            a part of
            this Contract.

        

        
          


          (SIGNATURES
            FOLLOW ON NEXT PAGE)

          


        

        


        
          


          Rate
            Adjustment Amendment -Effective Date: October 1, 2007 

          Page
            2 of
            4

        

        
          


            
            
              
                
                

              

              
                
                

                
                  

                

              

              
                
                

              

            



        

        
          IN
            WITNESS WHEREOF, the Parties hereto have caused this four (4) page Amendment
            to
            be executed by their officials thereunto duly authorized.

        

        
          


        

        
          	
                  FOR
                    HEALTHEASE OF FLORIDA, INC.

                   

                	
                  FOR
                    WELLCARE HMO, INC.

                
	
                    /s/  Todd
                    S. Farha   

                   

                	
                    /s/  Todd
                    S. Farha   

                   

                
	
                  Name:
                    Todd S. Farha

                  Title:
                    President and CEO

                  Date
                    signed: 9/13/07

                   

                	
                  Name:
                    Todd S. Farha

                  Title:
                    President and CEO

                  Date
                    signed: 9/13/07

                
	
                  Subscribed
                    and sworn to me this 13th
                    day of
                    September, 2007

                   

                	
                  Subscribed
                    and sworn to me this 13th
                    day of
                    September, 2007

                   

                
	
                    /s/   Sara
                    Gallo  

                  Notary
                    Public

                   

                	
                    /s/   Sara
                    Gallo    

                  Notary
                    Public

                   

                
	
                  1/29/2010

                  My
                    Commission Expires

                   

                	
                  1/29/2010

                  My
                    Commission Expires

                   

                
	
                  /s/  Kerrian
                    Thomas

                  Witness
                    #1 Signature

                   

                	
                  /s/  Kerrian
                    Thomas

                  Witness
                    #1 Signature

                   

                
	
                  Kerrian
                    Thomas

                  Witness
                    #1 Print Name

                   

                	
                  Kerrian
                    Thomas

                  Witness
                    #1 Print Name

                   

                
	
                  /s/  Karen
                    Mulroe

                  Witness
                    #2 Signature

                   

                	
                  /s/  Karen
                    Mulroe

                  Witness
                    #2 Signature

                   

                
	
                  Karen
                    Mulroe

                  Witness
                    #2 Print Name

                	
                  Karen
                    Mulroe

                  Witness
                    #2 Print Name

                
	 	 
	 	 


        

        
          


        

        
          


        

        
          


        

        
          Rate
            Adjustment Amendment -Effective Date: October 1, 2007 

          Page
            3 of
            4

        

        
          

            
              
                
                

              

              
                
                

                
                  

                

              

              
                
                

              

            



          
            
              	
                      Florida
                        Healthy Kids Corporation

                       

                    	 
	
                        
                        /s/  Rose Naff   

                    	 
	
                      Name:
                        Rose M. Naff

                      Title:
                        Executive Director

                      Date
                        signed:

                       

                    	 
	
                      Subscribed
                        and sworn to me, this 18th
                        day of
                        October, 2007

                       

                    	 
	
                        /s/  Amber 
                        N. Floyd   

                      Notary
                        Public

                       

                    	 
	
                      11/14/2009

                      My
                        Commission Expires

                       

                    	 
	
                      /s/  Amber
                        N. Floyd

                      Witness
                        #1 Signature

                       

                    	 
	
                      Amber
                        N. Floyd

                      Witness
                        #1 Print Name

                       

                    	 
	
                       /s/  Jennifer
                        K. Lloyd

                      Witness
                        #2 Signature

                       

                    	 
	
                      Jennifer
                        K. Lloyd

                      Witness
                        #2 Print Name

                       

                    	 
	
                      Reviewed
                        by:

                       

                      /s/  Jennifer
                        K. Lloyd

                      Signature
                        of: Jennifer Lloyd, Director of External Affairs

                       

                    	 
	
                      /s/  Joan
                        Humphrey Anderson

                      Signature
                        of General Counsel

                      Print
                        Name: Joan Humphrey Anderson

                      Florida
                        Bar Number: 294063

                    	 


            



          
            
              Rate
                Adjustment Amendment -Effective Date: October 1, 2007 

              Page 4
                of 4