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Ohio Laws and Rules
(A) Except as provided in division (B) of this section, the Ohio’s best Rx program shall be administered by the department of aging.
(B)(1) The department may enter into a contract with any person under which the person serves as the administrator of the Ohio’s best Rx program. Before entering into a contract for a program administrator, the department shall issue a request for proposals from persons seeking to be considered. The department shall develop a process to be used in issuing the request for proposals, receiving responses to the request, and evaluating the responses on a competitive basis. In accordance with that process, the department shall select the person to be awarded the contract.
(2) Subject to divisions (B)(5) and (6) of this section, the department may delegate to the person awarded the contract any of the department’s powers or duties specified in sections 173.71 to 173.91 of the Revised Code or any other provision of the Revised Code pertaining to the Ohio’s best Rx program. The terms of the contract shall specify the extent to which the powers or duties are delegated to the program administrator.
(3) In exercising powers or performing duties delegated under the contract, the program administrator is subject to the same provisions of sections 173.71 to 173.91 of the Revised Code or other provisions of the Revised Code that grant the powers or duties to the department, as well as any limitations or restrictions that are applicable to or associated with those powers or duties.
(4) Wherever the department is referred to in sections 173.71 to 173.91 of the Revised Code or another provision of the Revised Code relative to a power or duty delegated to the program administrator, both of the following apply:
(a) If the department has delegated the power or duty in whole to the program administrator, the reference to the department is, instead, a reference to the administrator.
(b) If the department retains any part of the power or duty that is delegated to the program administrator, the reference to the department is a reference to both the department and the administrator.
(5) The terms of a contract for a program administrator shall include provisions for offering the drug mail order system included in the Ohio’s best Rx program pursuant to section 173.78 of the Revised Code. The terms of the contract may permit the administrator to offer the drug mail order system by contracting with another person.
(6) The department shall not delegate to a program administrator the department’s powers or duties to do any of the following:
(a) Enter into contracts under this section other than a contract to offer a drug mail order system;
(b) Receive verification of drug pricing information under section 173.742 of the Revised Code or verification of drug manufacturer payment information under section 173.814 of the Revised Code from the pharmacy benefit manager selected under section 173.731 of the Revised Code to serve as the Ohio’s best Rx program’s consulting pharmacy benefit manager;
(c) Request the program’s consulting pharmacy benefit manager to provide for an audit under section 173.732 of the Revised Code;
(d) Review or use any information contained in or pertaining to an audit provided for by the program’s consulting pharmacy benefit manager other than the audit’s findings of whether the consulting pharmacy benefit manager provided valid information when providing drug pricing verification services or drug manufacturer payment verification services;
(e) Adopt rules under section 173.83 or 173.84 of the Revised Code;
(f) Employ an ombudsperson pursuant to section 173.723 of the Revised Code.
Effective Date: 07-01-2007