62 Pa. Stat. § 455

Current through Pa Acts 2024-53, 2024-56 through 2024-111

Section 455 - Definitions of limited applicability

The following words and phrases when used in sections 456 and 457 shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Commonwealth pharmacy program" means any of the following: the Medical Assistance Fee for Service Program, the General Assistance Fee for Service Program, PACE, PACENET, the Special Pharmaceutical Benefit Program in the Department of Public Welfare, the End Stage Renal Program in the Department of Health, the Public Employees Benefit Trust Fund, the Children's Health Insurance Program, the Workers' Compensation Program, the Department of Corrections and any other pharmacy program administered by the Commonwealth that is recognized by the Centers for Medicare and Medicaid as a State Pharmaceutical Assistance Program. The term shall not include managed care organizations under contract with the department.

"Least expensive" means the lowest cost to the Commonwealth within each Commonwealth pharmacy program. The net cost shall include the amount paid by the Commonwealth to a pharmacy for a drug under the current retail pharmacy reimbursement formula less any discounts or rebates, including those invoiced during the previous calendar quarter and inclusive of all dispensing fees.

"Manufacturer" means an entity which is engaged in any of the following:

(1) The production, preparation, propagation, compounding, conversion or processing of prescription drug products directly or indirectly by extraction from substances of natural origin, independently by means of chemical synthesis or by a combination of extraction and chemical synthesis.

(2) The packaging, repackaging, labeling or relabeling or distribution of prescription drug products. The term shall also include the entity holding legal title to or possession of the national drug code number for the covered prescription drug. The term does not include a wholesale distributor of drugs, drugstore chain organization or retail pharmacy licensed by the Commonwealth.

"National drug code number" means the identifying drug number maintained by the Food and Drug Administration. The complete 11-digit number must include the labeler code, product code and package size code.

62 P.S. § 455

1967, June 13, P.L. 31, No. 21, art. 4, § 455, added 2005, July 7, P.L. 177, No. 42, § 6, imd. effective.