1. (a) For every drug for which the pharmacy benefit manager establishes a maximum allowable cost to determine the drug product reimbursement, the pharmacy benefit manager shall make available to a contracted pharmacy services administrative organization to make available to the pharmacies, or to a pharmacy if the pharmacy benefit manager contracts directly with a pharmacy, in a manner established by the department by administrative rule described in subsection (b) the following:

   1. (1) Information identifying the national drug pricing compendia or sources used to obtain the drug price data.
   2. (2) The comprehensive list of drugs subject to maximum allowable cost and the actual maximum allowable cost for each drug.

2. (b) The department shall adopt rules under IC 4-22-2 concerning the manner in which a pharmacy benefit manager shall communicate the following to contracted pharmacy services administrative organizations:

   1. (1) Drug price data should be used to establish drug reimbursements by pharmacy benefit managers as described in subsection (a)(1).
   2. (2) The comprehensive list of drugs described in subsection (a)(2).

3. (c) The department may, concerning a maximum allowable cost list, consider whether a drug is:

   1. (1) obsolete;
   2. (2) temporarily unavailable;
   3. (3) to be included on a drug shortage list; or
   4. (4) unable to be lawfully substituted.

As added by P.L.68-2020, SEC.1. Amended by P.L.32-2021, SEC.80.