Direct or indirect remuneration by pharmacy benefit managers -- Disclosure of customer costs -- Limit on customer payment for prescription drugs.

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  • (1) If a pharmacy service entity engages in direct or indirect remuneration with a pharmacy, the pharmacy service entity shall make a reimbursement report available to the pharmacy upon the pharmacy's request.
  • (2) For the reimbursement report described in Subsection (1), the pharmacy service entity shall:
    • (a) include the adjusted compensation amount related to a claim and the reason for the adjusted compensation; and
    • (b) provide the reimbursement report:
      • (i) in accordance with the contract between the pharmacy and the pharmacy service entity;
      • (ii) in an electronic format that is easily accessible; and
      • (iii) within 120 days after the day on which the pharmacy benefit manager receives a report of a sale of a product or service by the pharmacy.
  • (3) A pharmacy service entity shall, upon a pharmacy's request, provide the pharmacy with:
    • (a) the reasons for any adjustments contained in a reimbursement report; and
    • (b) an explanation of the reasons provided in Subsection (3)(a).
  • (4)
    • (a) A pharmacy benefit manager may not prohibit or penalize the disclosure by a pharmacist of:
      • (i) an insured customer's cost share for a covered prescription drug or prescription device;
      • (ii) the availability of any therapeutically equivalent alternative medications; or
      • (iii) alternative methods of paying for the prescription medication or prescription device, including paying the cash price, that are less expensive than the cost share of the prescription drug.
    • (b) Penalties that are prohibited under Subsection (4)(a) include increased utilization review, reduced payments, and other financial disincentives.
  • (5) A pharmacy benefit manager may not require an insured customer to pay, for a covered prescription drug or prescription device, more than the lesser of:
    • (a) the applicable cost share of the prescription drug or prescription device being dispensed;
    • (b) the applicable allowable claim amount of the prescription drug or prescription device being dispensed;
    • (c) the applicable pharmacy reimbursement of the prescription drug or prescription device being dispensed; or
    • (d) the retail price of the prescription drug or prescription device without prescription drug coverage.
  • (6) For a contract entered into or renewed on or after May 12, 2020, a pharmacy benefit manager may not engage in direct or indirect remuneration that results in a reduction in total compensation received by a pharmacy from the pharmacy benefit manager for the sale of a drug, device, or other product or service unless the pharmacy benefit manager provides the pharmacy with at least 30 days notice of the direct or indirect remuneration.






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