Current with legislation from 2023 effective through April 13, 2023.
Section 23-92-603 - Third-party requirements
A third party shall:(1) Inform a patient that the patient is not required to use a mail-order pharmacy;(2) Obtain a signed waiver from a patient before allowing the use of a mail-order pharmacy;(3) Make drug formulary and coverage decisions based on the third party's normal course of business;(4) Allow a patient the freedom to use any pharmacy or any provider the patient chooses, whether or not the pharmacy participates in 340B drug pricing; and(5) Eliminate discriminatory contracting as it relates to:(A) Transferring the benefit of 340B drug-pricing savings from one (1) entity, including critical access hospitals, federally qualified health centers, other hospitals, or 340B drug-pricing participants and their underserved patients, to another entity, including without limitation pharmacy benefits managers, private insurers, and managed care organizations;(B) Pricing that occurs when offering a lower reimbursement for a drug purchased under 340B drug pricing than for the same drug not purchased under 340B drug pricing;(C) Refusal to cover drugs purchased under 340B drug pricing;(D) Refusal to allow 340B drug-pricing pharmacies to participate in networks; and(E) Charging more than fair market value or seeking profit sharing in exchange for services involving 340B drug pricing.Added by Act 2021, No. 1103,§ 1, eff. 7/28/2021.