- • maximum allowable costs
(1) As used in this section:
(a) “List” means the list of drugs for which maximum allowable costs have been established.
(b) “Maximum allowable cost” means the maximum amount that a pharmacy benefit manager will reimburse a pharmacy for the cost of a drug.
(c) “Multiple source drug” means a therapeutically equivalent drug that is available from at least two manufacturers.
(d) “Network pharmacy” means a retail drug outlet registered under ORS 689.305 (Registration of drug outlets) that contracts with a pharmacy benefit manager.
(e) “Therapeutically equivalent” has the meaning given that term in ORS 689.515 (Regulation of generic drugs).
(2) A pharmacy benefit manager:
(a) May not place a drug on a list unless there are at least two therapeutically equivalent, multiple source drugs, or at least one generic drug available from only one manufacturer, generally available for purchase by network pharmacies from national or regional wholesalers.
(b) Shall ensure that all drugs on a list are generally available for purchase by pharmacies in this state from national or regional wholesalers.
(c) Shall ensure that all drugs on a list are not obsolete.
(d) Shall make available to each network pharmacy at the beginning of the term of a contract, and upon renewal of a contract, the sources utilized to determine the maximum allowable cost pricing of the pharmacy benefit manager.
(e) Shall make a list available to a network pharmacy upon request in a format that is readily accessible to and usable by the network pharmacy.
(f) Shall update each list maintained by the pharmacy benefit manager every seven business days and make the updated lists, including all changes in the price of drugs, available to network pharmacies in a readily accessible and usable format.
(g) Shall ensure that dispensing fees are not included in the calculation of maximum allowable cost.
(3) A pharmacy benefit manager must establish a process by which a network pharmacy may appeal its reimbursement for a drug subject to maximum allowable cost pricing. A network pharmacy may appeal a maximum allowable cost if the reimbursement for the drug is less than the net amount that the network pharmacy paid to the supplier of the drug. An appeal requested under this section must be completed within 30 calendar days of the pharmacy making the claim for which appeal has been requested.
(4) A pharmacy benefit manager must provide as part of the appeals process established under subsection (3) of this section:
(a) A telephone number at which a network pharmacy may contact the pharmacy benefit manager and speak with an individual who is responsible for processing appeals;
(b) A final response to an appeal of a maximum allowable cost within seven business days; and
(c) If the appeal is denied, the reason for the denial and the national drug code of a drug that may be purchased by similarly situated pharmacies at a price that is equal to or less than the maximum allowable cost.
(5)(a) If an appeal is upheld under this section, the pharmacy benefit manager shall make an adjustment for the pharmacy that requested the appeal from the date of initial adjudication forward.
(b) If the request for an adjustment has come from a critical access pharmacy, as defined by the Oregon Health Authority by rule for purposes related to the Oregon Prescription Drug Program, the adjustment approved under paragraph (a) of this subsection shall apply only to critical access pharmacies.
(6) This section does not apply to the state medical assistance program. [2013 c.570 §11; 2013 c.570 §13]
Note: See note under 735.530 (Definitions for ORS 735.530 to 735.552).
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