72 Pa. Stat. § 3761-513

Current through P.A. Acts 2023-32
Section 3761-513 - Mail order system
(a) The department may not enter into a contract with a private contractor for an exclusive mail-order system for the delivery of prescription drugs under this program. Only mail-order pharmacy services provided by pharmacies which are licensed by the Commonwealth and which have their principal place of business within this Commonwealth may participate as providers under the program. The department shall develop and promulgate specific regulations governing the practice of mail-order pharmacy and other enrolled providers to include the following minimum standards of practice to ensure the health, safety and welfare of program participants:
(1) The appropriate method or methods by which such pharmacies shall verify the identity of the program recipient and the authenticity of prescriptions received.
(2) The appropriate method or methods by which such pharmacies shall mail or deliver prescription drugs to program recipients ensuring, to the maximum extent possible, that the intended program recipient is the actual ultimate recipient of any prescription dispensed by such pharmacies.
(3) The appropriate method or methods by which such pharmacies shall communicate with program participants in emergency situations.
(b) Notwithstanding any provision of law to the contrary, a claimant may use any and all pharmacy services offered by a PDP or Medicare Advantage Prescription Drug Plan to receive drugs and shall be permitted to continue to use those services throughout the noncoverage phase.
(c) Nothing in this section shall require a claimant to use mail-order services.

72 P.S. § 3761-513

1971, Aug. 26, P.L. 351, No. 91, § 513, added 1996, Nov. 21, P.L. 741, No. 134, §2, imd. effective. Amended 2006 , July 7, P.L. 1061, No. 111, § 6.1, imd. effective.