Montana § 39-71-727 Payment For Prescription Drugs -- Limitations

Montana Statutes

§ 39-71-727 — Payment For Prescription Drugs -- Limitations

Montana § 39-71-727

Title 39LABOR

Ch. 71WORKERS' COMPENSATION

Part 7Compensation and Benefits Generally

This text of Montana § 39-71-727 (Payment For Prescription Drugs -- Limitations) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 39-71-727 (2026).

Text

39-71-727 . Payment for prescription drugs -- limitations.

(1)For payment of prescription drugs, an insurer is liable only for the purchase of generic-name drugs if the generic-name product is the therapeutic equivalent of the brand-name drug prescribed by the physician, unless the generic-name drug is unavailable.

(2)If an injured worker prefers a brand-name drug, the worker may pay directly to the pharmacist the difference in the reimbursement rate between the brand-name drug and the generic-name product, and the pharmacist may bill the insurer only for the reimbursement rate of the generic-name drug.

(3)The pharmacist may bill only for the cost of the generic-name product on a signed itemized billing, except if purchase of the brand-name drug is allowed as provided in subsection (1).

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39-71-727 . Payment for prescription drugs -- limitations. (1) For payment of prescription drugs, an insurer is liable only for the purchase of generic-name drugs if the generic-name product is the therapeutic equivalent of the brand-name drug prescribed by the physician, unless the generic-name drug is unavailable.
(2) If an injured worker prefers a brand-name drug, the worker may pay directly to the pharmacist the difference in the reimbursement rate between the brand-name drug and the generic-name product, and the pharmacist may bill the insurer only for the reimbursement rate of the generic-name drug.
(3) The pharmacist may bill only for the cost of the generic-name product on a signed itemized billing, except if purchase of the brand-name drug is allowed as provided in subsection (1).
(4) When billing for a brand-name drug, the pharmacist shall certify that the generic-name drug was unavailable.
(5) The department shall establish a schedule of fees for prescription drugs.
(6) Except as provided in subsection (8), a pharmacist may not dispense more than a 30-day supply at any one time.
(7) For purposes of this section, the terms "brand name" and "generic name" have the meanings provided in 37-7-502 .
(8) An insurer may not require a worker receiving benefits under this chapter to obtain medications from an out-of-state mail order pharmacy. However, an insurer may authorize up to a 90-day supply of medications from an in-state mail order pharmacy.
(9) The provisions of this section do not apply to an agreement between a preferred provider organization and an insurer.

Legislative History

En. Sec. 2, Ch. 131, L. 1991; amd. Sec. 4, Ch. 628, L. 1993; amd. Sec. 19, Ch. 243, L. 1995; amd. Sec. 7, Ch. 117, L. 2007; amd. Sec. 19, Ch. 112, L. 2009; amd. Sec. 20, Ch. 726, L. 2025.