Current through Pa Acts 2024-53, 2024-56 through 2024-111
Section 4525 - Contract provisions(a) General rule.--A PBM registered with the department and conducting business on behalf of a health insurer client in this Commonwealth may not:(1) Reimburse a retail pharmacy an amount less than the amount that the PBM reimburses a PBM-affiliated retail pharmacy located in this Commonwealth for providing the same pharmacist services.(2) Reimburse a federally qualified health center, health care facility or other entity participating in the program under section 340(B) of the Public Health Service Act (58 Stat. 682, 42 U.S.C. § 256(B)), an amount lesser than similar entities not participating in the program.(3) Authorize the PBM to unilaterally alter the terms of a participation contract beyond the terms and conditions of the original contract agreed to by a PSAO or pharmacy with a PBM beyond the terms and conditions of the original contract agreed to by the pharmacy or PSAO with a PBM.(4) Designate a prescription drug as a specialty drug or require a prescription drug to be dispensed exclusively at a specialty pharmacy unless it meets the criteria of a specialty drug under section 103.(b) Rebates.--Beginning on the effective date of this section, a PBM shall pass through to the health benefit plan no less than 95% of any prescription drug manufacturer rebate obtained by the PBM on behalf of a health insurer client if the health benefit plan delegates negotiation of the rebate to the PBM.(c)Contract information.--PBM contracts shall provide information to a pharmacist, pharmacy or PSAO pertaining to the schedule and total for any fee charged by the PBM for participation in the PBM's network.Added by P.L. (number not assigned at time of publication) 2024 No. 77,§ 6, eff. 11/14/2024.