Md. Code Regs. 31.10.49.03

Current through Register Vol. 51, No. 18, September 6, 2024

Section 31.10.49.03 - Disclosures to an Independent Pharmacy

A. A PSAO shall provide to a contracted pharmacy an electronic or paper copy of any contracts, amendments, payment schedules, or reimbursement rates within 5 working days after the execution of a contract, or an amendment to a contract, signed on behalf of the contracted pharmacy by the PSAO.

B. A PSAO shall provide written notice to an independent pharmacy of any ownership interest or control by a parent company, subsidiary, or other organization before entering into a pharmacy services administrative contract with the independent pharmacy.

C. A PSAO shall disclose to a contracted pharmacy in writing within 5 working days of any material change of ownership or control or a parent company, subsidiary, or other organization.

D. The written disclosures required in §§B and C of this regulation shall identify the extent of any ownership interest or control, to include the percent of shares owned, by a parent company, subsidiary, or other organization that:

(1) Provides pharmacy services, prescription drug, or device services; or

(2) Manufactures, sells, or distributes prescription drugs, biologics, or medical devices.

E. The written disclosures required in §§B and C of this regulation may be delivered by electronic means provided:

(1) The independent pharmacy or contracted pharmacy has affirmatively consented to that method of delivery and has not withdrawn the consent;

(2) The independent pharmacy or contracted pharmacy, before giving consent, is provided with a clear and conspicuous statement informing the pharmacy of:

(a) Any right or option of the pharmacy to have the notice provided or made available in paper or another nonelectronic form;

(b) The right of the pharmacy to withdraw consent to have notice delivered by electronic means and any fees, conditions, or consequences imposed in the event consent is withdrawn;

(c) Whether the consent applies:

(i) Only to notices or communications related to a particular transaction; or

(ii) To identified categories of notices that may be delivered by electronic means during the course of the parties' relationship; and

(d) The procedures the pharmacy must use to withdraw consent to have notice delivered by electronic means and to update information needed to contact the party electronically;

(3) The independent pharmacy or contracted pharmacy, before giving consent, is provided with a statement of the hardware and software requirements for access to and retention of a notice delivered by electronic means; and

(4) The process used to obtain consent of the independent pharmacy or contracted pharmacy to have notice delivered by electronic means meets the requirements of Commercial Law Article, Title 21, Subtitle 1, Annotated Code of Maryland.

Md. Code Regs. 31.10.49.03

Regulation .03 adopted effective 49:26 Md. R. 1081, eff. 12/26/2022