In order to place a particular drug on a multiple source
generic list, a PBM shall, at a minimum, ensure that:
(1) the drug is listed as "A," "B," "NR" or "NA" rated
in the most recent version of the Food and Drug
Administration's "Approved Drug Products with Therapeutic
Equivalence Evaluations," commonly known as the orange book;
and
(2) the drug is available for purchase by all pharmacies
in this State from national or regional wholesalers and is
not obsolete or temporarily unavailable.
(b) Removal from listing.--A PBM must maintain a procedure
to eliminate drugs from the list of drugs subject to multiple
source drug pricing or modify the maximum allowable cost in a
timely fashion.
(c) Substitutions.--A PBM may not penalize a pharmacist or
pharmacy on audit if the pharmacist or pharmacy performs a
generic substitution pursuant to the act of November 24, 1976
(P.L.1163, No.259), referred to as the Generic Equivalent Drug
Law.
Amend Bill, page 6, line 11, by striking out "maximum
allowable cost" and inserting
multiple source generic
Amend Bill, page 6, line 12, by inserting before "Upon"
(a) General rule.--
Amend Bill, page 6, lines 12 and 13, by striking out "make
available"
Amend Bill, page 6, lines 15 through 30; pages 7 and 8, lines
1 through 30; by striking out all of said lines on said pages
Amend Bill, page 9, lines 1 through 8, by striking out all of
said lines and inserting
representative or agent such as PSAO:
(1) Include in the contract the sources utilized to
determine multiple source drug pricing, including, if
applicable, the maximum allowable cost or any successive
pricing formula of the PBM.
(2) Update the pricing information every seven calendar
days.
(3) Establish a reasonable process by which pharmacies
have a method to access relevant or current maximum allowable
cost pricing lists in effect and any successive pricing
formulas in a timely fashion.
(b) Confidentiality provision.--Nothing in this section may
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