§ 2-502.2. Pharmacy benefits managers
West's Annotated Code of MarylandState Personnel and PensionsEffective: June 1, 2020
Effective: June 1, 2020
MD Code, State Personnel and Pensions, § 2-502.2
§ 2-502.2. Pharmacy benefits managers
(b) It is the intent of the General Assembly to optimize prescription drug savings by the State through:
(c)(1) At least 3 months before a pharmacy benefits manager reverse auction is scheduled to be completed, the Department shall procure, through a competitive sealed proposal conducted in accordance with § 13-104 of the State Finance and Procurement Article, a technology platform, and any associated professional services necessary to operate the platform, to:
(ii) automate repricing of diverse and complex pharmacy benefits manager prescription drug pricing proposals to enable direct comparisons of the price of bids using all annual claims data available for state-funded health plans or multiple health plan prescription drug purchasing groups using code-based classification of prescription drugs from nationally accepted drug sources;
(6) The Department may structure a contract awarded under this subsection to require the pharmacy benefits manager selected under subsection (e) of this section to pay the cost of the technology platform and associated professional services contracted under this subsection by assessing a per-prescription fee paid by the pharmacy benefits manager directly to the technology platform vendor.
(d)(1) In consultation with the vendor selected under subsection (c) of this section, and with consideration of recommendations that may be offered by the Maryland Prescription Drug Affordability Board, the Department shall specify the terms of a participant bidding agreement that all bidders must accept as a prerequisite for participation in the reverse auction, including:
(e)(1)(i) The Department may perform annual market checks of pharmacy benefits manager services during the term of a pharmacy benefits manager contract to ensure continuing competitiveness of prescription drug pricing over the life of the contract.
(f)(1) The following health plans in the State may use the reverse auction process established under this section individually or collectively as a joint purchasing group with the Program:
(g) A pharmacy benefits manager that submits a bid under subsection (e) of this section or enters into a contract with the Department or a health plan described under subsection (g)(1) of this section shall provide the Department and health plan access to complete pharmacy claims data necessary for the Department and health plan to:
(h)(1) A prospective bidder or offeror, a bidder, or an offeror may submit a protest as provided under Title 15, Subtitle 2 of the State Finance and Procurement Article.
(i)(1) If the Department and the Department of General Services determine that the implementation of this section is not administratively feasible for the benefit year beginning after December 31, 2020, the Department may delay implementation of this section to the benefit year beginning after December 31, 2021.
Credits
Added by Acts 2020, c. 434, § 1, eff. June 1, 2020.
MD Code, State Personnel and Pensions, § 2-502.2, MD ST PERS & PENS § 2-502.2
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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