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EXHIBIT #9 ELECTRONICALLY FILED 2/27/2015 12:28 PM 43-CC-2014-000565.00 CIRCUIT COURT OF LEE COUNTY, ALABAMA MARY B. ROBERSON, CLERK

Hubbard Emails 9-19

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  • EXHIBIT #9

    ELECTRONICALLY FILED2/27/2015 12:28 PM

    43-CC-2014-000565.00CIRCUIT COURT OF

    LEE COUNTY, ALABAMAMARY B. ROBERSON, CLERK

  • AGdoc0229507

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  • EXHIBIT #10

  • RETAINER AGREEMENT FOR CONSULTANT SERVICES

    This Agreement is made and entered into on this ~-~dz day of Yd~,,r~., 2012, by andbetween American Pharmacy Cooperative, Inc., hereinafter referred to as the "Client" and AuburnNetwork, Inc., hereinafter referred to as the "Consultant."

    WHEREAS, the Client is engaged in the business of being a pharmacy cooperative, andrelated businesses, and desires the advice and consultation of a consultant from time to time in theconduct of that business.

    WHEREAS, the Consultant is engaged in the business of consultation and representation.

    THEREFORE, the Client engages the services of the Consultant in consideration of themutual promises contained in this Agreement, and the parties agree as follows:

    1. Services of Consultant: Upon request from time to time the Consultant shall advise theClient and its related businesses, as well as clients individual pharmacy shareholder members, inconnection with the business and needs of the Client and its pharmacy shareholder members. TheConsultant shall also represent the Client regarding the Clients interests and related businesses.

    2. Exclusions or Limitations: The Consultant is explicitly prohibited from providing theServices of Consultant, as defined in this agreement, within the state of Alabama.

    3. Compensation: For the services described in paragraph 1, the Client agrees to pay theConsultant the sum of Five Thousand Dollars ($5,000) per month, in advance, and due on the firstday of each month. In addition, Consultant shall be reimbursed for all reasonable and necessaryout-of-pocket expenses incurred in connection with the above consultant services, provided that adetailed statement of the amount of those expenses must be submitted in advance to the Client.

    4. Devotion of Time: The Consultant shall be available for consultation pursuant to thisAgreement at reasonable times at the Clients request.

    5. Term: This Agreement shall become effective on July 1, 2012, and shall continue in effectuntil terminated by either party at any time. Notwithstanding, the foregoing, in the event theAgreement is not previously terminated by either part.y, this Agreement sha!! terminate onDecember 31, of each year, and will automatically renew January 1 of the following year.

    6. The Clients Papers: In the event this Agreement is terminated, the Clients papers shall bereleased back to the Client upon request.

    DONE this /~>~ day of ~)~.4,~-

    AME..t~_ AN PHA~AC.Y" COOPE~&TI~, FNC.By: ~/ ~~

    Its: ~ ~d~f~/ ~~

    ,2012.

    Auburn Network Inc.

    Mike Hubbard

    APCI0000026529AGdoc0107456

  • EXHIBIT #11

  • I understand that Medicaid is seeking information from several pharmacy benefit managers (PBMs) regarding possible savings to Alabama Medicaids pharmacy program. It is my understanding that all or most of these PBMs are companies based outside of Alabama and that concerns me. I have been told that PBMs, in their efforts to control costs assist plans or groups: negotiate rebates, promote generic usage, and develop formularies. I believe that Alabama Medicaid already negotiates rebates, has one of the highest generic dispensing rates in the country and has a preferred drug list. The only other area to look at is the cost of the medications, and, I do not know if there is anything you can do on that front except when a generic comes to market. These pharmacy benefit managers are in business to make a profit. This profit is not only money that will be removed from Alabama pharmacies but is also money that is removed from the Alabama Medicaid Agency. I would like to see the information sent to these PBMs and a list of PBMs receiving this information. Thank you for what you are doing for the State of Alabama.

    AG0166380

  • EXHIBIT #12

  • From: Mike Hubbard Sent: 9/26/2012 12:32:00 PM +00:00To: Ferrell Patrick Subject: Re: Letter for Dr. Williamson

    OK.

    Sent from Mike Hubbard's iPhone

    On Sep 26, 2012, at 7:31 AM, "Ferrell Patrick" wrote:

    > Do you mind copying Stephanie Azar, Acting Medicaid Commissioner? Thanks very much for this! Oh yea, could I get a copy too? > > > On Sep 26, 2012, at 7:20 AM, Mike Hubbard wrote:> >> I will handle. No need to involve Alley. >> >> Sent from Mike Hubbard's iPhone>> >> On Sep 25, 2012, at 2:13 PM, "Ferrell Patrick" wrote:>> >>> This is essentially the message, but I didn't want to be so presumptuous as to put into your words. If you approve, I'll send it to Alley. FP>>> >>> > >

    AG0166383

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  • EXHIBIT #15

  • April 19, 2013

    Speaker Mike HubbardAlabama State House11 South Union Street, Suite 731Montgomery, Alabama 36130

    Dear Speaker Hubbard,

    On behalf of the nearly ten thousand individuals who work in Alabamas pharmacy industry and their patients, I wanted to sincerely thank you for championing our fight to prevent a large, out-of-state pharmacy benefit manager from taking over the pharmacy program within Medicaid. Local pharmacies are the places our families and our seniors go to get the trusted advice, reassurance and vital prescriptions needed to treat our most serious and private maladies. Most customers view their independent pharmacist as a neighbor and counselor rather than as just a person with whom they do business. Because of your leadership, these individuals can now rest assured that these valuable relationships remain in tact.

    Mr. Speaker, by adding the necessary language to the 2014 General Fund Budget, you placed a great deal of faith in trust in us. For that, our industry and the people we serve are forever grateful. I pledge to you that we will not let you down.

    Again, thank you for making the right decision on how best to address this serious issue facing our great state. I appreciate you standing up for independent pharmacists and the people we serve on a daily basis. Your commitment to preserving Alabama jobs was vital to our success.

    Sincerely,

    Tim Hamrick

    AG0170228

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  • EXHIBIT #19

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    EXHIBIT #9EXHIBIT #99.1

    EXHIBIT #10EXHIBIT #1010

    EXHIBIT #11EXHIBIT #11AG0166380

    EXHIBIT #12EXHIBIT #12AG0166383

    EXHIBIT #13EXHIBIT #13EXHIBIT #13

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    EXHIBIT #14EXHIBIT #1414

    EXHIBIT #15EXHIBIT #15AG0170228

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    EXHIBIT #19EXHIBIT #1919