173.833 Rule covering payment administration percentage.

(A) At least once a year or, at the discretion of the department of aging, at more frequent intervals, the department shall determine the percentage, if any, of each manufacturer payment made under an agreement entered into under section 173.81 of the Revised Code that will be retained by the department for use in paying the administrative costs of the Ohio’s best Rx program. The percentage, which shall not exceed five per cent, shall be specified in rules adopted under section 173.83 of the Revised Code. In adopting the rules, the department shall specify a percentage that results in an amount that equals or is less than the amount needed to cover the administrative costs of the Ohio’s best Rx program when added to the sum of the following:

(1) The amount resulting from administrative fees, if the department determines an administrative fee in rules adopted under section 173.83 of the Revised Code;

(2) The investment earnings of the Ohio’s best Rx program fund created by section 173.85 of the Revised Code;

(3) Any amounts accepted by the department as donations to the Ohio’s best Rx program fund.

(B) Once a year or, at the discretion of the department, at more frequent intervals, the department shall report the methodology underlying the determination of the program administration percentage to the Ohio’s best Rx program council.

Effective Date: 07-01-2007