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Provider Portal Terms of Use: Access and use of the Pharmacy Benefits Management System (PBMS) Provider Portal (the Service) is governed by and subject to the terms and conditions contained in this document (the Agreement), as well as all applicable laws and policies. By checking the box at the beginning of this paragraph and clicking the Login button at the bottom of the screen, you acknowledge you have read, understand, and agree to the terms and conditions set forth below. If you do not agree to these terms and conditions, do not access or use the Service. 1. Purpose. The PBMS Provider Portal allows authorized Medicaid providers to directly request prior authorization for certain pharmaceuticals, to review the disposition of prior authorization requests, and to review the history of pharmaceutical use for the provider's patients. You agree to access and use the Service only for purposes related to the administration of the Medicaid program. Any use of the Service not specifically permitted under this Agreement is strictly prohibited. 2. Confidential Client Information. Information relating to Medicaid recipients obtained from the Service is confidential, protected by state and federal law, and can only be accessed and used for purposes directly related to the Medicaid program. Unauthorized access, use, or disclosure of this information may subject you to civil or criminal penalties. 3. Registration. Establishing a user name and password and agreeing to these terms does not grant you permission to use or access the Service. All information you provide will be verified by the State before access is granted. The State reserves the right to revoke your access to the Service at any time. 4. Safeguard user name/password. You agree that your user name and password are confidential and agree not to share the user name or password with another party, even if they are authorized users of the Service. You are responsible for maintaining the confidentiality of your user name and password. If you believe that your user name or password has been compromised, or that an unauthorized person is using your account to access the Service, you agree to notify the State immediately at HFS.Drugrebate@illinois.gov. 5. Change in Status. Only Medicaid enrolled providers may access the Service. Upon a change in status that no longer qualifies you to access the Service (such as withdrawal, suspension, or termination as a provider in the Medicaid program), you will voluntarily terminate use of the Service. The State will immediately deactivate your account. 6. Modification. The terms of this Agreement may be modified at any time, immediately, and without notice. Such changes will be posted to the Service. Each time you access or use the Service, you agree to be bound by the terms contained in the most current version of this Agreement. The most current version can be found on the PBMS Provider Portal. 7. Consent to Contact. You give the State consent to contact you, as necessary for maintenance of your account and access to the Service. You will promptly provide the State with changes to your email address and other contact information. 8. Security Monitoring. Your access and use of the Service will be monitored for audit and security purposes. The State will collect and store certain information about you, including the Internet Protocol (IP) address of the domain from which you access the Internet, the date and time you access the Service, the pages you access, and the Internet address of the Website site from which you linked directly to the Service. 9. Misuse of Service. Evidence of misuse of the Service - which includes but is not limited to: (1) sharing of username and password; (2) unauthorized use or disclosure of confidential information; (3) interrupting or attempting to interrupt the operation of the Service in any way; (4) unauthorized access to restricted areas of the Service; (5) attempting to decrypt passwords or other security protection associated with the Service; (6) impersonating any person or entity or mispresenting any person or entity; and (7) reverse engineering, reverse assembling, decompiling, creating derivative works, modifying, or otherwise attempting to derive the source code of the Service - may be provided to law enforcement authorities and may result in civil penalties, criminal prosecution, and other legal action under applicable laws or regulations. You agree to comply with the rules and policies regarding access and use of the Service, as published from time to time. 10. Failure to Comply. Failure to comply with the terms of this Agreement will result in your suspension or termination as a provider in the HFS Medical Program. 11. Intellectual Property. All content on the Service is the property of the State of Illinois or its content suppliers and is protected by intellectual property and privacy laws. You may not modify, copy, disclose, distribute, display, reproduce, publish, license, create derivative works from, sell, or transfer information, products, or services obtained from the Service unless the State gives you prior written permission or the law otherwise allows. 12. Termination. The State may, in its sole discretion, terminate or suspend your access to and use of the Service without notice for any reason. In the event of termination, you will no longer be authorized to access the Service, and the State may use any lawful means to enforce this termination. 13. Assumption of Risk. You agree that your use of the Service and of any information from the Service is at your own risk, including any reliance on the accuracy, completeness, or usefulness of posted information. 14. Limitation of Liability. YOU AGREE THAT THE STATE IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST DATA, DATA BEING RENDERED INACCURATE, LOSSES SUSTAINED BY YOU OR THIRD PARTIES, OR A FAILURE OF THE SERVICE TO OPERATE WITH ANY OTHER SOFTWARE), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE, ACCESS, OR DISTRIBUTION OF THE SERVICE OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 15. Disclaimer of Warranty. THE STATE MAKES NO REPRESENTATIONS AS TO THE ACCURACY, QUALITY, TIMELINESS, AVAILABILITY, OR COMPLETENESS OF THE INFORMATION, CONTENT, SOFTWARE, PRODUCTS, OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE. THE STATE PROVIDES THE SERVICE ON AN "AS IS, AS AVAILABLE" BASIS. THE STATE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ANY WARRANTY NOT SET FORTH IN THESE TERMS OF USE WILL NOT BE VALID. YOU ARE RESPONSIBLE FOR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE. SHOULD THE SERVICE PROVE DEFECTIVE OR YOUR ACCESS TO THE SERVICE INTERRUPTED, THE STATE WILL NOT BE RESPONSIBLE FOR ANY SERVICING, REPAIR, OR CORRECTION. 16. Indemnification. You (including any third-party on whose behalf you access or use the Service, with the exception of state, local, and federal government users), agree to defend, indemnify, and hold the State and its officers, directors, and employees harmless, at the State's direction and request, from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following: (i) your access to or use of the Service; (ii) your breach of this Agreement; (iii) your violation of any third-party rights, including without limitation, any intellectual property rights, publicity, confidentiality, property or privacy rights; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentations made by you. You will cooperate as requested by the State in defense of any claim. The State reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not settle any claim without the prior written consent of the State. 17. No Waiver. If the State fails to insist on strict adherence to any term of the Agreement, it is not to be considered a waiver nor deprive the State of the right to insist upon strict adherence to that term, or any other term, of the Agreement. 18. Severability. If any provision of this Agreement is invalid or unenforceable under applicable law, it will not affect the validity or enforceability of the remainder of the terms of this Agreement. 19. Choice of Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. Any claim against the State arising out of this Agreement must be filed exclusively with the Illinois Court of Claims (705 ILCS 505/1) or, if jurisdiction is not accepted by that court, with the appropriate State or federal court located in Sangamon County, Illinois. The State shall not enter into binding arbitration to resolve any dispute regarding this Agreement. The State of Illinois does not waive sovereign immunity by entering into this Agreement. 20. Entire Agreement. This Agreement constitutes the entire agreement between you and the State with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the State with respect to the Service.

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