UT PRODUCT
CONSTITUTES A SENSITIVE THERAPEUTIC DRUG, AND THAT DISTRIBUTION AND HANDLING OF
THE UT PRODUCT REQUIRES SPECIALIZED TRAINING AND DEDICATION TO CUSTOMER NEEDS.
DISTRIBUTOR REPRESENTS AND WARRANTS THAT IT WILL TRAIN AND DEPLOY ITS AGENTS AND
EMPLOYEES IN THE MANNER NECESSARY TO MEET THESE SPECIAL REQUIREMENTS.
(B)
DISTRIBUTOR REPRESENTS AND WARRANTS THAT IT
AND ITS OFFICERS, DIRECTORS, AGENTS AND/OR EMPLOYEES AS APPLICABLE ARE QUALIFIED
TO PERFORM THE SERVICES AND ACTIVITIES DESCRIBED IN THIS AGREEMENT AND THAT ALL
LICENSES AND/OR APPROVALS NECESSARY TO CONDUCT SUCH SERVICES AND ACTIVITIES HAVE
BEEN OBTAINED AND SHALL BE MAINTAINED THROUGHOUT THE TERM OF THIS AGREEMENT.
4.12
DISTRIBUTOR PROVIDES APPROPRIATE PHARMACY
SERVICES AS REQUIRED BY APPLICABLE LAWS. DISTRIBUTOR SHALL ALSO PERFORM THE
FOLLOWING ACTIVITIES IN SUPPORT OF THE DISTRIBUTION OF THE UT PRODUCT:
(A)
INHALATION DEVICE:
DISTRIBUTOR SHALL
ENSURE THAT ITS PERSONNEL ARE TRAINED ON THE USE OF THE TYVASO INHALATION SYSTEM
AND CAPABLE OF PROVIDING SUCH TRAINING TO CUSTOMERS. TRAINING AND EDUCATION FOR
USE MUST COMPLY WITH THE TECHNICAL AND ADMINISTRATIVE REQUIREMENTS SPECIFIED IN
THE PACKAGE INSERT FOR TYVASO AND THE INSTRUCTIONS FOR USE MANUAL FOR THE TYVASO
INHALATION SYSTEM.
(B)
INCLUDED PATIENT BENEFIT VERIFICATION:
DISTRIBUTOR SHALL HANDLE INCLUDED PATIENT ENROLLMENT, INITIAL PROCESSING,
INSURANCE ELIGIBILITY AND BENEFITS VERIFICATION. IF DISTRIBUTOR IS UNABLE TO
SERVICE A PATIENT, THEN DISTRIBUTOR SHALL IMMEDIATELY, I.E., NO MORE THAN FIVE
(5) BUSINESS DAYS FROM THE INITIAL RECEIPT OF THE REFERRAL, RE-DIRECT THE
REFERRAL TO AN APPROPRIATE SPECIALTY PHARMACY PARTICIPATING IN THE TYVASO
DISTRIBUTION NETWORK.
(I.)
UPON RECEIPT OF A PRESCRIPTION FOR UT
PRODUCT, DISTRIBUTOR SHALL IMMEDIATELY FAX THE PRESCRIBING PHYSICIAN TO CONFIRM
RECEIPT OF THE PRESCRIPTION. NO MORE THAN ONE (1) BUSINESS DAY FROM RECEIPT OF
THE PRESCRIPTION, DISTRIBUTOR SHALL PERFORM VERIFICATION OF INSURANCE
COVERAGE FOR UT PRODUCT. IF THE
PRESCRIPTION IS RECEIVED AFTER 2 P.M. EASTERN TIME, DISTRIBUTOR MAY HAVE UNTIL
THE END OF THE NEXT BUSINESS DAY TO PERFORM VERIFICATION OF INSURANCE COVERAGE
FOR UT PRODUCT.
(II.)
DISTRIBUTOR SHALL TAKE ALL NECESSARY ACTIONS
TO VERIFY, OR ASSIST CUSTOMERS IN VERIFYING, INSURANCE COVERAGE FOR UT PRODUCT
INCLUDING, WITHOUT LIMITATION, RESEARCHING AND ATTEMPTING TO DETERMINE: (1) ALL
CUSTOMER INFORMATION AND COVERAGE PARAMETERS, INCLUDING ALL RELEVANT CLINICAL
DOCUMENTATION; (2) IF UT PRODUCT IS COVERED, UNDER WHAT TYPE OF PLAN (E.G., A
"MEDICAL PLAN" OR A "PHARMACY PLAN"), THE INCLUDED PATIENT COST SHARE AMOUNT, IF
ANY, AND THE RATE OF REIMBURSEMENT, IF AVAILABLE; (3) WHETHER PRIOR
AUTHORIZATION IS REQUIRED FOR REIMBURSEMENT; (4) IF PRIOR AUTHORIZATION IS
REQUIRED, WHAT INFORMATION THE CUSTOMER MUST SUBMIT IN ORDER TO RECEIVE SUCH
AUTHORIZATION; AND (5) WHETHER ANY OTHER ACTIVITIES, SUBMISSIONS OR APPROVALS
ARE REQUIRED TO OBTAIN REIMBURSEMENT PROMPTLY AND TO THE FULLEST EXTENT
PERMITTED BY THE THIRD-PARTY PAYER. DURING THE PROCESS OF BENEFIT VERIFICATION,
DISTRIBUTOR SHALL COMMUNICATE WITH THE REFERRAL SOURCE AND PROVIDE INFORMATION
TO THE PRESCRIBING PHYSICIAN IN A TIME AND MANNER SUFFICIENT FOR THE
CIRCUMSTANCES.
(III.)
DISTRIBUTOR SHALL RECORD THE RESULTS OF ITS
RESEARCH ON THE FOREGOING AND SHALL REPORT SUCH INFORMATION TO THE CUSTOMER
WITHIN ONE (1) BUSINESS DAY FROM RECEIPT.