Section 4350-C - Access to records; audits1. Requirements; record keeping. A carrier shall maintain and have the ability to access all data related to the administration and provision of prescription drug benefits under a health plan of a carrier, including, but not limited to:A. The names, addresses, member identification numbers, protected health information and other personal information of covered persons; and [2019, c. 469, §8(NEW); 2019, c. 469, §9(AFF).]B. All contracts, documentation and records, including transaction and pricing data, related to the dispensing of prescription drugs to covered persons under the health plan. [2019, c. 469, §8(NEW); 2019, c. 469, §9(AFF).] [2019, c. 469, §8(NEW); 2019, c. 469, §9(AFF).]
2. Compliance with federal law. A sale or transaction involving the transfer of any records, information or data described in subsection 1 must comply with the federal Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 and the federal Health Information Technology for Economic and Clinical Health Act, Public Law 111-5 and any regulations adopted pursuant to those laws. [2019, c. 469, §8(NEW); 2019, c. 469, §9(AFF).]
3.Audit records. A carrier may audit all transaction records related to the dispensing of prescription drugs to covered persons under a health plan of the carrier. A carrier may conduct audits at a location of its choosing and with an auditor of its choosing. [2019, c. 469, §8(NEW); 2019, c. 469, §9(AFF).]
4. Maintenance of records. A carrier shall maintain all records, information and data described in subsection 1 and all audit records described in subsection 3 for a period of no less than 5 years. [2019, c. 469, §8(NEW); 2019, c. 469, §9(AFF).]
5.Authority of superintendent. Upon request, a carrier shall provide to the superintendent any records, contracts, documents or data held by the carrier or the carrier's pharmacy benefits manager for inspection, examination or audit purposes. [2019, c. 469, §8(NEW); 2019, c. 469, §9(AFF).]
Added by 2019, c. 469,§ 8, eff. 1/1/2020.