Delivery of prescription drugs; disclosure; exception

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44-1754. Delivery of prescription drugs; disclosure; exception

A. A plan sponsor or pharmacy benefit manager may not prohibit a retail pharmacy from offering as an ancillary service of a pharmacy within the terms of the contract either of the following:

1. The limited delivery of prescription drugs by mail or common carrier to a patient.

2. The hand delivery of prescription drugs to a patient by an employee or contractor of the pharmacy.

B. A pharmacy may not charge the plan sponsor or pharmacy benefit manager for the delivery of a prescription to a patient pursuant to subsection A of this section unless specifically agreed on by the plan sponsor or pharmacy benefit manager.

C. A pharmacy shall disclose to the patient any fee that will be charged to the patient for the delivery of a prescription drug, including that the fee may not be reimbursable by the plan sponsor or pharmacy benefit manager.

D. This section does not apply to the Arizona health care cost containment system administration and its contractors as defined in section 36-2901 to the extent the services are provided pursuant to title 36, chapter 29 or 34.


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