§ 24-A §4317 — Pharmacy providers

1.
Contracts with pharmacy providers.
Notwithstanding section 2672, section 4307, subsection 3 and Title 32, chapter 117, subchapter 8, a carrier that provides coverage for prescription drugs as part of a health plan may not refuse to contract with a pharmacy provider that is qualified and is willing to meet the terms and conditions of the carrier's criteria for pharmacy participation as stipulated in the carrier's contractual agreement with its pharmacy providers.
2.
Prompt payment of claims.
Notwithstanding section 2436, the following provisions apply to the payment of claims submitted to a carrier by a pharmacy provider.
3.
Exception.

Subsections 1 and 2 do not apply to any medical assistance or public health programs administered by the Department of Health and Human Services, including, but not limited to, the Medicaid program and the elderly low-cost drug program under Title 22, section 254‑D.
4.
Participation in contracts.
A pharmacy benefits manager may not require a pharmacist or pharmacy to participate in one network in order to participate in another network. The pharmacy benefits manager may not exclude an otherwise qualified pharmacist or pharmacy from participation in one network solely because the pharmacist or pharmacy declined to participate in another network managed by the pharmacy benefits manager.
5.
Prohibition.
The written contract between a carrier and a pharmacy benefits manager may not provide that the pharmacist or pharmacy is responsible for the actions of the insurer or a pharmacy benefits manager.
6.
Pharmacy benefits manager duties.
All contracts must provide that, when the pharmacy benefits manager receives payment for the services of a pharmacist or pharmacy, the pharmacy benefits manager shall distribute the funds in accordance with the time frames provided in this subchapter.
7.
Complaints, grievances and appeals.
A pharmacy benefits manager may not terminate the contract of or penalize a pharmacist or pharmacy solely as a result of the pharmacist's or pharmacy's filing of a complaint, grievance or appeal. This subsection is not intended to restrict the pharmacy's and pharmacy benefits manager's ability to enter into agreements that allow for mutual termination without cause.
8.
Denial or limitation of benefits.
A pharmacy's benefits manager may not terminate the contract of or penalize a pharmacist or pharmacy for expressing disagreement with a carrier's decision to deny or limit benefits to an enrollee or because the pharmacist or pharmacy assists the enrollee to seek reconsideration of the carrier's decision or because the pharmacist or pharmacy discusses alternative medications.
9.
Written notice required.
At least 60 days before a pharmacy's benefits manager terminates a pharmacy's or pharmacist's participation in the pharmacy benefits manager's plan or network, the pharmacy benefits manager shall give the pharmacy or pharmacist a written explanation of the reason for the termination, unless the termination is based on:
10.
Audits.
Notwithstanding any other provision of law, when an on-site audit of the records of a pharmacy is conducted by a pharmacy benefits manager, the audit must be conducted in accordance with the following criteria.
11.
Audit information and reports.
A preliminary audit report must be delivered to the pharmacy within 60 days after the conclusion of the audit under subsection 10. A pharmacy must be allowed at least 30 days following receipt of the preliminary audit to provide documentation to address any discrepancy found in the audit. A final audit report must be delivered to the pharmacy within 90 days after receipt of the preliminary audit report or final appeal, whichever is later. A charge-back, recoupment or other penalty may not be assessed until the appeal process provided by the pharmacy benefits manager has been exhausted and the final report issued. Except as provided by state or federal law, audit information may not be shared. Auditors may have access only to previous audit reports on a particular pharmacy conducted by that same entity.
12.
Maximum allowable cost.
13.
Prohibition on excessive copayments or charges; disclosure not penalized.

Legislative History

RR 2009, c. 2, §70 (RAL). PL 2009, c. 519, §1 (NEW). PL 2009, c. 519, §2 (AFF). PL 2009, c. 588, §1 (NEW). PL 2009, c. 588, §3 (AFF). PL 2011, c. 443, §§5, 6 (AMD). PL 2011, c. 691, Pt. A, §23 (AMD). PL 2013, c. 71, §1 (AMD). PL 2015, c. 450, §1 (AMD). PL 2017, c. 44, §1 (AMD). PL 2019, c. 469, §§6, 7 (AMD). PL 2019, c. 469, §9 (AFF). PL 2019, c. 643, §1 (AMD).