173.79 Agreement with terminal distributor of dangerous drugs.

(A) For purposes of making drugs included in the Ohio’s best Rx program available to participants from terminal distributors of dangerous drugs other than the drug mail order system included in the program pursuant to section 173.78 of the Revised Code, the department of aging shall enter into agreements under this section with terminal distributors of dangerous drugs. Any terminal distributor of dangerous drugs may enter into an agreement with the department to participate in the program pursuant to this section.

Before entering into an agreement with a terminal distributor, the department shall provide the terminal distributor with one of the following:

(1) A formula that allows the terminal distributor to calculate for each drug included in the program the amount to be charged under division (A)(1) or (2) of section 173.75 of the Revised Code by participating terminal distributors.

(2) A statistically valid sampling of drug prices that includes the amount to be charged under division (A)(1) or (2) of section 173.75 of the Revised Code by participating terminal distributors for not fewer than two brand name drugs and two generic drugs from each category of drugs included in the program.

(3) The current amount to be charged under division (A)(1) or (2) of section 173.75 of the Revised Code by participating terminal distributors for each drug included in the program.

(B) An agreement entered into under this section shall do all of the following:

(1) Except as provided in division (B)(3) of this section, be in effect for not less than one year;

(2) Specify the dates that the agreement is to begin and end;

(3) Permit the terminal distributor to terminate the agreement before the date the agreement would otherwise end as specified pursuant to division (B)(2) of this section by providing the department notice of early termination at least thirty days before the effective date of the early termination;

(4) Require that the terminal distributor comply with section 173.75 of the Revised Code when charging for a drug purchased under the program;

(5) Permit the terminal distributor to add to the amount to be charged under division (A)(1) or (2) of section 173.75 of the Revised Code a professional fee in an amount not to exceed, except as provided in rules adopted under section 173.83 of the Revised Code, three dollars;

(6) Require the terminal distributor to disclose to each participant the amount the participant saves under the program as determined in accordance with section 173.752 of the Revised Code;

(7) Require the terminal distributor to submit a claim to the department under section 173.80 of the Revised Code for each sale of a drug to a participant;

(8) Permit the terminal distributor to deliver drugs to Ohio’s best Rx program participants by mail, but not by using a drug mail order system operated in the same manner as the system included in the program pursuant to section 173.78 of the Revised Code.

Effective Date: 07-01-2007