173.71 Ohio's best Rx program definitions.

As used in sections 173.71 to 173.91 of the Revised Code:

(A) “Children’s health insurance program” means the children’s health insurance program part I, part II, and part III established under sections 5101.50 to 5101.529 of the Revised Code.

(B) “Disability medical assistance program” means the program established under section 5115.10 of the Revised Code.

(C) “Medicaid program” or “medicaid” means the medical assistance program established under Chapter 5111. of the Revised Code.

(D) “National drug code number” means the number registered for a drug pursuant to the listing system established by the United States food and drug administration under the “Drug Listing Act of 1972,” 86 Stat. 559, 21 U.S.C. 360, as amended.

(E) “Ohio’s best Rx program participant” or “participant” means an individual determined eligible for the Ohio’s best Rx program and included under an Ohio’s best Rx program enrollment card.

(F) “Participating manufacturer” means a drug manufacturer participating in the Ohio’s best Rx program pursuant to a manufacturer agreement entered into under section 173.81 of the Revised Code.

(G) “Participating terminal distributor” means a terminal distributor of dangerous drugs participating in the Ohio’s best Rx program pursuant to an agreement entered into under section 173.79 of the Revised Code.

(H) “Political subdivision” has the same meaning as in section 9.23 of the Revised Code.

(I) “State agency” has the same meaning as in section 9.23 of the Revised Code.

(J) “Terminal distributor of dangerous drugs” has the same meaning as in section 4729.01 of the Revised Code.

(K) “Third-party payer” has the same meaning as in section 3901.38 of the Revised Code.

(L) “Trade secret” has the same meaning as in section 1333.61 of the Revised Code.

(M) “Usual and customary charge” means the amount a participating terminal distributor or the drug mail order system included in the Ohio’s best Rx program pursuant to section 173.78 of the Revised Code charges when a drug included in the program is purchased by an individual who does not receive a discounted price for the drug pursuant to any drug discount program, including the Ohio’s best Rx program or a pharmacy assistance program established by any person or government entity, and for whom no third-party payer or program funded in whole or part with state or federal funds is responsible for all or part of the cost of the drug.

Effective Date: 07-01-2007; 2007 HB119 09-29-2007