44-4616. Retail pharmacy; contract; ancillary delivery services; prohibitions; disclosures.
423 words·~2 min read·
/ne/chapter-44/44-4616A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)A contract between a retail pharmacy and a pharmacy benefit manager or plan sponsor shall not prohibit the retail pharmacy from offering the following as an ancillary service of the retail pharmacy:
(a)The delivery of a prescription drug by mail or common carrier to a covered person or his or her personal representative on request of the covered person or personal representative if the request is made before the drug is delivered; or
(b)The delivery of a prescription to a covered person or his or her personal representative by an employee or contractor of the retail pharmacy.
(2)Nothing in this section shall require a retail pharmacy to receive a request from a covered person or his or her personal representative for delivery of a drug by mail, common carrier, or an employee or contractor of the retail pharmacy when refilling or renewing prescription drug services for which a request was previously received, so long as the retail pharmacy has confirmed that the covered person wishes to receive the drug.
(3)A pharmacy benefit manager or plan sponsor shall not remove a retail pharmacy from its networks or require a retail pharmacy to join a mail-order pharmacy network for the sole reason of providing ancillary delivery services as long as the ancillary delivery services were provided in compliance with this section and with the terms and conditions of the retail pharmacy's contract with the pharmacy benefit manager or plan sponsor and its pharmacy services administrative organization, if applicable.
(4)Except as otherwise provided in a contract described in subsection
(1)of this section, a retail pharmacy shall not charge a plan sponsor or pharmacy benefit manager for the delivery service described in subsection
(1)of this section.
(5)If a retail pharmacy provides a delivery service described in subsection
(1)of this section to a covered person, the retail pharmacy shall disclose both of the following to the covered person or his or her personal representative:
(a)Any fee charged to the covered person for the delivery of a prescription drug; and
(b)That the plan sponsor or pharmacy benefit manager may not reimburse the covered person for the fee described in subdivision
(a)of this subsection.
(6)For purposes of this section, retail pharmacy means a pharmacy that dispenses prescription drugs to the public at retail primarily to individuals who reside in close proximity or who are receiving care from a provider in close proximity to the pharmacy, typically by face-to-face interaction with the individual or the individual's caregiver.