GPO Fees. In consideration for the administrative and other services HPG shall perform in connection with purchases of Products and Services under this Agreement by Purchasers, Vendor shall pay administrative fees to HPG (“GPO Fees”) for all purchases by Purchasers of Products and Services offered under this Agreement, whether such purchases are made directly from Vendor or through a Distributor, or whether such purchases are made at prices other than those stated in Exhibit A or pursuant to a separate agreement with a Purchaser. The GPO Fee shall be determined by multiplying the GPO Fee percentage stated in Exhibit B (if any) by the dollar amount of purchases (excluding any added freight charges, taxes, Rebates, refunds, credits on Product returns (unless returned due to a Recall) and, if the Product is purchased from a Distributor, any Distributor markup) of Products and Services by Purchasers. The payment of such GPO Fees is intended to be in compliance with the exception to the Medicare and Medicaid Anti-Kickback Statute set forth at 42 U.S.C. § 1320a-7b(b)(3)(C) and the “safe harbor” regulations set forth in 42 C.F.R. § 1001.952(j). Vendor shall provide an electronic report with each GPO Fee payment that accurately lists purchases upon which GPO Fees are based by each Purchaser for the applicable quarter and any other information that may be required to enable HPG to comply with 42 C.F.R. § 1001.952(j).
GPO Fees. In consideration for the administrative and other services performed by HealthTrust in connection with purchases of Products and Services, Vendor shall pay administrative fees to HealthTrust (“GPO Fees”) for all purchases by Purchasers of Products and Services whether such purchases are made directly from Vendor or through a Distributor (notwithstanding the ordering point method specified in Exhibit B), and regardless of whether such purchases are made at prices other than those stated in Exhibit A or whether pursuant to a separate agreement with a Purchaser. The GPO Fee shall be determined by multiplying the GPO Fee percentage stated in Exhibit B by the dollar amount of purchases of Products and Services by Purchasers, excluding any separately-billed freight charges (not included in Product price), taxes, Rebates, refunds, credits on Product returns (unless returned due to a Recall) and, if the Product is purchased from a Distributor, any Distributor markup. For clarity, remuneration (whether described as rebates or otherwise) that is paid by Vendor to a distribution center qualifying as a Participant pursuant to a disintermediation agreement shall not be excluded from the GPO Fee calculation. The payment of such GPO Fees is intended to be in compliance with the exception to the Medicare and Medicaid Anti-Kickback Statute set forth at 42 U.S.C. § 1320a-7b(b)(3)(C) and the “safe harbor” regulations set forth in 42 C.F.R. § 1001.952(j). 3.2. Rebates. Vendor shall pay Rebates based on purchases of Products and/or Services by Purchasers in the amounts stated in Exhibit A, if any. If a percentage is listed, then the Rebate shall be determined by multiplying the stated percentage by the dollar amount actually paid by the Purchaser for Products and Services purchased under this Agreement, excluding any added freight charges, taxes, any Distributor markup (if applicable), and net of any refunds or credits on Product returns. Rebates shall be paid to HealthTrust for payment by HealthTrust to Purchasers. The payment of Rebates is intended to be in compliance with the exception to the Medicaid and Medicare Anti-Kickback Statute set forth at 42 U.S.C. § 1320a- 7b(b)(3)(A) and the “safe harbor” regulations set forth in 42 C.F.R. § 1001.952(h).
GPO Fees. Participant acknowledges that: (i) HealthTrust will receive payment of fees for administrative and other services provided by HealthTrust from Vendors based on Products and Services purchased, licensed or leased by Participant and its Facilities (“GPO Fees”) during the Term; (ii) the percentage of the GPO Fees will generally be three percent (3%) or less from each Vendor if a GPO Fee is paid, but may in some cases be higher; and (iii) HealthTrust will receive GPO Fees from some Vendors that are distributors of Products in amounts that are one percent (1%) or less but resulting in an aggregate GPO Fee from both HealthTrust Vendor manufacturer and HealthTrust Vendor distributor that may exceed three percent (3%) of the purchase price paid by a Facility, but which shall not exceed four percent (4%) of the purchase price paid by a Facility. With respect to Vendor Contract between AT&T and HealthTrust for long distance telephone services, HealthTrust receives a GPO Fee of four and one half percent (4.5%).
GPO Fees. In consideration for the administrative and other services HPG shall perform in connection with purchases of Products and Services under this Agreement by Purchasers, Vendor agrees to pay HPG GPO fees as provided in Exhibit B to this Agreement (“GPO Fees”) for all purchases of Products and Services under this Agreement, whether such purchases are made directly from Vendor or through a Distributor, or whether such purchases are made at prices other than those stated in Exhibit A. If a percentage is listed in Exhibit B for the GPO Fee, the percentage shall be applied against the net dollar volume of purchases (excluding any added freight charges) of Products and Services by Purchasers during the applicable time period (i.e., total sales less refunds and credits on returns, rebates and discounts). The payment of such GPO Fees is intended to be in compliance with the exception to the Medicare and Medicaid Anti-Kickback Statute set forth at 42 USC § 1320a-7b(b)(3)(C) and the “safe harbor” regulations set forth in 42 C.F.R. § 1001.952(j). The GPO Fees for purchases under this Agreement during each calendar quarter during the Term shall be paid by Vendor to HPG within thirty (30) days after the end of each calendar quarter. However, information on sales through distributors may be substantially delayed due to the distributors’ delay in providing timely sales information. Vendor shall provide electronic reports with each GPO Fee payment that accurately list purchases upon which GPO Fees are based by each Purchaser for the applicable quarter and any other information that may be required to enable HPG to comply with 42 C.F.R. § 1001.952(j). Electronic reports shall be in a format and have content that is mutually acceptable by HPG and Vendor.
GPO Fees. Participant acknowledges (i) that HPG will receive payment of fees for administrative and other services provided by HPG from Vendors based on Products and Services purchased, licensed or leased by Participant and its Locations (“GPO Fees”) during the Term of this Agreement, (ii) that the percentage of the GPO Fees will generally be three percent (3%) or less from each Vendor if a GPO Fee is paid, but may in some cases be higher, and (iii) HPG will receive GPO Fees from some Vendors that are distributors of Products in amounts that are one percent (1%) or less but resulting in an aggregate GPO Fee from both the Vendor manufacturer and the Vendor distributor that may exceed three percent (3%) of the purchase price paid by a Location, but which shall not exceed four percent (4%) of the purchase price paid by a Location. With respect to the Vendor Contract between AT&T and HPG for long distance telephone services, HPG receives a GPO Fee of four and one half percent (4.5%). The HPG Vendor Lists on the AdvantageTrust Portal include (a) HPG Vendor Contract list, (b) the list of HPG Vendor Contracts where the Vendors have agreed to pay GPO Fees of three percent (3%) or less, (c) the list of HPG Vendor Contracts with distributors listing the GPO Fee to be paid to HPG by each distributor, and (d) the list of HPG Vendor Contracts where the Vendors have agreed to pay GPO Fees to HPG greater than three percent (3%), including the specific percentage of the GPO Fee or the maximum GPO Fee. HPG shall disclose to Participant on an annual basis, in writing, with respect to purchases of Products and Services by each Participant and by each of the Locations, the names of the Vendors and the specific amount of GPO Fees received from each of such Vendors for Products and Services purchased by Participant and its Locations. HPG shall disclose to the Secretary of the United States Department of Health and Human Services, upon request, the amount of GPO Fees received by HPG from each Vendor with respect to Products and Services which are purchased, licensed or leased by Participant and its Locations. Participant agrees to disclose the applicable GPO Fee information provided by HPG regarding such GPO Fees to each of its Locations.
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GPO Fees. In consideration for the administrative and other services performed by HealthTrust in connection with purchases of Products and Services, Vendor shall pay administrative fees to HealthTrust (“GPO Fees”) for all purchases by Purchasers of Products and Services whether such purchases are made directly from Vendor or through a Distributor (notwithstanding the ordering point method specified in Exhibit B), and regardless of whether such purchases are made at prices other than those stated in Exhibit A or whether pursuant to a separate agreement with a Purchaser. The GPO Fee shall be determined by multiplying the GPO Fee percentage stated in Exhibit B by the dollar amount of purchases of Products and Services by Purchasers, excluding any separately-billed freight charges (not included in Product price), taxes, Rebates, refunds, credits on Product returns (unless returned due to a Recall) and, if the Product is purchased from a Distributor, any Distributor markup. For clarity, remuneration (whether described as rebates or otherwise) that is paid by Vendor to a distribution center qualifying as a Participant pursuant to a disintermediation agreement shall not be excluded from the GPO Fee calculation. The payment of such GPO Fees is intended to be in compliance with the exception to the Medicare and Medicaid Anti-Kickback Statute set forth at 42 U.S.C. § 1320a-7b(b)(3)(C) and the “safe harbor” regulations set forth in 42 C.F.R. § 1001.952(j).
GPO Fees. The third sentence of the opening paragraph of Exhibit 2 is amended to add the words “or PharMerica” after “Walgreens Specialty Pharmacy Holdings” in the parenthetical and WBA and PharMerica agree that the provisions of paragraph 11 of the Settlement Agreement & Fourth Amendment to the Agreement dated as of October 1, 2014 (“Fourth Amendment”) shall apply to PharMerica.
