65-16,123.

309 words·~1 min read·/ks/chapter-65/65-16-12

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

65-16,123. Same; procedural requirements.

(a)The entity conducting the audit shall follow the following procedures:

(1)An entity conducting an on-site audit must give the pharmacy at least seven days written notice before conducting an initial audit;

(2)an audit that involves clinical or professional judgment must be conducted by or in consultation with a licensed pharmacist;

(3)the period covered by the audit may not exceed two years from the date that the claim was submitted to or adjudicated by the entity;

(4)the pharmacy may request an extension not to exceed seven days from the date of an originally scheduled on-site audit;

(5)the pharmacy may use the records of a hospital, physician or other authorized practitioner to validate the pharmacy record;

(6)any legal prescription, in compliance with the requirements of the state board of pharmacy, may be used to validate claims in connection with prescriptions, refills or changes in prescriptions;

(7)each pharmacy shall be audited under the same standards and parameters as other similarly situated pharmacies; and

(8)the entity conducting the audit must establish a written appeals process.

(b)The entity conducting the audit shall also comply with the following requirements:

(1)A finding of overpayment or underpayment must be based on the actual overpayment or underpayment and not a projection based on the number of patients served having a similar diagnosis or on the number of similar orders or refills for similar drugs;

(2)the entity conducting the audit shall not use extrapolation in calculating the recoupments or penalties for audits, unless required by state or federal contracts;

(3)the auditing company or agent may not receive payment based on a percentage of the amount recovered, unless required by contracts; and

(4)interest may not accrue during the audit period.

(c)This section shall take effect on and after July 1, 2011.