Current through Chapter 61 of the 2024 Legislative Session and 2024 Executive Orders 125, 133 through 135
Section 21.27.915 - Overpayment or underpayment(a) When a pharmacy benefits manager conducts an audit of a pharmacy, the pharmacy benefits manager shall base a finding of overpayment or underpayment by the pharmacy on the actual overpayment or underpayment and not on a projection based on the number of patients served having a similar diagnosis or on the number of similar orders or refills for similar drugs, except as provided in (b) of this section.(b) A pharmacy benefits manager may resolve a finding of overpayment or underpayment by entering into a settlement agreement with the pharmacy. The settlement agreement(1) must comply with the requirements of AS 21.36.125; and(2) may be based on a statistically justifiable projection method.(c) A pharmacy benefits manager may not include the dispensing fee amount in a finding of an overpayment unless (1) a prescription was not actually dispensed;(2) the prescriber denied authorization;(3) the prescription dispensed was a medication error by the pharmacy; or(4) the identified overpayment is solely based on an extra dispensing fee.Added by SLA 2018, ch. 100,sec. 5, eff. 7/1/2019. See SLA 2018, ch. 100, sec. 6.