§ 58-29F-6 — Recoupment or chargeback criteria.

For recoupment or chargeback, the following criteria apply: (1) Audit parameters shall consider consumer-oriented parameters based on manufacturer listings; (2) A pharmacy's usual and customary price for compounded medications is considered the reimbursable cost unless the pricing methodology is outlined in the provider contract; (3) A finding of overpayment or underpayment can only be based on the actual overpayment or underpayment and not a projection based on the number of patients served having a similar diagnosis or on the number of similar orders or refills for similar drugs; (4) The entity conducting the audit may not use extrapolation in calculating the recoupment or penalties for audits unless required by state or federal law or regulation; (5) Calculations of overpayments may not include dispensing fees unless: (a) A prescription was not actually dispensed; (b) The prescriber denied authorization; (c) The prescription dispensed was a medication error by the pharmacy; or (d) The identified overpayment is solely based on an extra dispensing fee; (6) An entity may not consider any clerical or record-keeping error, such as a typographical error, scrivener's error, or computer error regarding a required document or record as fraud. However, such errors may be subject to recoupment; (7) In the case of errors that have no actual financial harm to the patient or plan, the pharmacy benefits manager may not assess any chargebacks. Errors that are a result of the pharmacy's failing to comply with a formal corrective action plan may be subject to recovery; and (8) Interest may not accrue during the audit period for either party. The audit period begins with the notice of the audit and ends with the final audit report.

Legislative History

SL 2013, ch 254, § 6.