- 1. A pharmacy benefits manager shall not reimburse any pharmacy located in the state in an amount less than the amount that the pharmacy benefits manager reimburses a pharmacy benefits manager affiliate for dispensing the same prescription drug as dispensed by the pharmacy.
- 2. A pharmacy benefits manager shall not reimburse any retail pharmacy located in the state in an amount less than the most recently published national average drug acquisition cost for a prescription drug on the date that the prescription drug is administered or dispensed. If the most recently published national average drug acquisition cost for the prescription drug is unavailable on the date that the prescription drug is administered or dispensed, a pharmacy benefits manager shall not reimburse any retail pharmacy located in the state in an amount less than the wholesale acquisition cost for the prescription drug on the date that the prescription drug is administered or dispensed.
- 3. In addition to the reimbursement required under subsection 2, a pharmacy benefits manager shall reimburse the retail pharmacy or pharmacist a professional dispensing fee in the amount of ten dollars and sixty-eight cents.
4.
- a. A pharmacy benefits manager shall submit a quarterly report to the commissioner of all drugs reimbursed at ten percent or more below the national average drug acquisition cost, and all drugs reimbursed at ten percent or more above the national average drug acquisition cost, for each prescription drug appearing on the national average drug acquisition cost list on the day the prescription drug was dispensed.
b. For each prescription drug included in the report, a pharmacy benefits manager shall include all of the following information:
- (1) The month the prescription drug was dispensed.
- (2) The quantity of the prescription drug dispensed.
- (3) The amount the pharmacy was reimbursed.
- (4) If the dispensing pharmacy was an affiliate of the pharmacy benefits manager.
- (5) If the prescription drug was dispensed pursuant to a government health plan.
- (6) The average national drug acquisition cost for the month the prescription drug was dispensed.
- c. The report shall exclude drugs dispensed pursuant to 42 U.S.C. §256b.
- d. A copy of the report shall be published on the pharmacy benefits manager’s public internet site for twenty-four months after the date the report is submitted to the commission.
- 5. This section shall not apply to a pharmacy that operates in a state-owned facility.
2025 amendment applies to pharmacy benefits managers, health carriers, third-party payors, and health benefit plans that manage a prescription drug benefit in the state on or after July 1, 2025; 2025 Acts, ch 151, §9 Section amended
2022 Acts, ch 1113, §9, 16, 23; 2025 Acts, ch 151, §5, 9