To place a drug on a maximum allowable cost list, a pharmacy benefit manager must ensure that the drug is:

1. (1) listed as "A" or "B" rated in the most recent version of the FDA's Approved Drug Products with Therapeutic Equivalence Evaluations, also known as the Orange Book, or has an 'NR' or 'NA' rating, or a similar rating, by a nationally recognized reference;
2. (2) generally available for purchase by pharmacies in the State from national or regional wholesalers; and
3. (3) not obsolete.

HISTORY: 2016 Act No. 163 (S.849), Section 1, eff January 1, 2016.

Editor's Note

2016 Act No. 163, Section 2, provides as follows:

"SECTION 2. This article applies to contracts between pharmacies and pharmacy benefit managers that are entered into, renewed, or extended on or after the effective date of this act."