Ohio Revised Code Search
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Section 3957.09 | Written agreement with plan sponsor to act as a pharmacy benefit manager.
... (A) Except as provided in division (G) of this section, no person shall act as a pharmacy benefit manager on or after July 1, 2027, without first entering into a written agreement with a plan sponsor. (B) The pharmacy benefit manager shall retain the written agreement as part of the pharmacy benefit manager's official records for the duration of the agreement and for five years thereafter. Each agreement shall in... |
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Section 3957.10 | Administrative and legal penalties.
... (A) Upon notice and hearing in accordance with Chapter 119. of the Revised Code, the superintendent of insurance may take any of the actions enumerated in division (C) of this section if the superintendent finds that a licensee has done any of the following: (1) Violated any provision of this chapter, any rule adopted by the superintendent, or any consent agreement or order of the superintendent; (2) Provided in... |
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Section 3957.11 | Reporting of administrative action or criminal prosecution.
... (A) A pharmacy benefit manager shall notify the superintendent of insurance if the pharmacy benefit manager, or any owner of the pharmacy benefit manager, is subject to administrative action by a government entity having professional, occupational, or financial authority in this or another state while the pharmacy benefit manager holds a license under this chapter. The notice shall be provided not later than thirty ... |
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Section 3957.12 | Pharmacy benefit manager prohibitions.
... (A) On and after July 1, 2027, no pharmacy benefit manager shall do any of the following: (1) Use plan sponsor funds for any purpose not specifically set forth in writing by the pharmacy benefit manager; (2) Fail to disclose in written solicitation materials and at least once annually to contracted plan sponsors any ownership relationship of five per cent or more between the pharmacy benefit manager and an insur... |
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Section 3957.13 | Books and records.
... (A) On and after July 1, 2027, a pharmacy benefit manger shall do all of the following: (1) Maintain relevant books and records that reflect all transactions administered by the pharmacy benefit manager pursuant to agreements that are subject to this chapter, specifically in regard to premiums or contributions received and deposited, and claims and authorized expenses paid. (2) Prepare, journalize, and post the ... |
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Section 3957.14 | Confidentiality of information and data acquired by superintendent or department.
... (A) All information and data acquired by the superintendent of insurance or the department of insurance under this chapter is considered proprietary and confidential under section 3905.24 of the Revised Code and is not a public record under section 149.43 of the Revised Code. (B) On and after July 1, 2027, no pharmacy benefit manager or representative of a pharmacy benefit manager shall cause or knowingly permit t... |
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Section 3957.15 | Preemption by federal law.
... For purposes of licensure, this chapter does not apply to an employer's self-insurance program or fully insured plan to the extent that federal law supersedes, preempts, prohibits, or otherwise precludes its application to such plan. |
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Section 3957.16 | Effect of child support default on license.
... On receipt of a notice pursuant to section 3123.43 of the Revised Code, the superintendent of insurance shall comply with sections 3123.41 to 3123.50 of the Revised Code and any applicable rules adopted under section 3123.63 of the Revised Code with respect to a license issued pursuant to this chapter. |
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Section 3957.25 | [Former R.C. 3959.111, amended and renumbered by H.B. 229 of the 136th General Assembly, effective 6/30/2026] Access to information regarding maximum allowable cost pricing.
... (A)(1)(a) In each contract between a pharmacy benefit manager and a pharmacy, the pharmacy shall be given the right to obtain from the pharmacy benefit manager, within ten days after any request, a current list of the sources used to determine maximum allowable cost pricing. In each contract between a pharmacy benefit manager and a pharmacy, the pharmacy benefit manager shall be obligated to update and implement the... |
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Section 3957.26 | [Former R.C. 2959.20, amended and renumbered as R.C. 3957.26 by H.B. 229 of the 136th General Assembly, effective 6/30/2026] Prohibited acts regarding cost-sharing, pharmacy claims for reimbursement, fees.
... (A) As used in this section and section 3957.27 of the Revised Code: (1) "Administrator" has the same meaning as in section 3959.01 of the Revised Code. (2) "Cost-sharing" means the cost to an individual insured under a health benefit plan according to any coverage limit, copayment, coinsurance, deductible, or other out-of-pocket expense requirements imposed by the plan. (3) "Pharmacy audit" has the same mea... |
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Section 3957.27 | [Former R.C. 3959.22, renumbered as R.C. 3957.26 by H.B. 229 of the 136th General Assembly, effective 6/30/2026] Mailing or delivering drugs.
... No health plan issuer, pharmacy benefit manager, or any other administrator shall prohibit a pharmacy from mailing or delivering drugs to patients as an ancillary service. |
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Section 3957.99 | Penalties.
... Whoever knowingly violates section 3957.03 of the Revised Code is guilty of a misdemeanor of the fourth degree. |
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Section 3959.01 | Third-party administrator definitions.
... As used in this chapter: (A) "Administration fees" means any amount charged a covered person for services rendered. "Administration fees" includes commissions earned or paid by any person relative to services performed by an administrator. (B) "Administrator" means any person who adjusts or settles claims on, residents of this state in connection with life, dental, health, prescription drugs, or disability insu... |
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Section 3959.04 | Administrators tested and licensed by superintendent.
...(A) Administrators may be tested and shall be licensed by the superintendent of insurance in accordance with rules adopted by the superintendent. (B) An administrator who has been licensed or certified by the state of the administrator's domicile under a statute or rule similar to sections 3959.01 to 3959.16 of the Revised Code shall, upon application, be licensed without testing, provided the state of domicile reco... |
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Section 3959.05 | License requirement.
...No person shall solicit a plan or sponsor of a plan to act as an administrator for, or provide administrative services to, a plan or sponsor of a plan that is either domiciled in this state or has its principal headquarters or principal administrative office in this state unless the person is duly licensed under sections 3959.01 to 3959.16 of the Revised Code. |
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Section 3959.06 | Application for license - filing fee.
...(A) An administrator shall file with the superintendent of insurance an application for a license on a form prescribed by the superintendent. (B) All applications for a license shall be accompanied by a nonrefundable filing fee of two hundred dollars per application made payable to the department of insurance. (C) All fees collected under this section and under section 3959.10 of the Revised Code shall be paid into... |
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Section 3959.07 | Action on application by superintendent.
... The superintendent of insurance shall act on all applications submitted for a license within thirty days after receipt. |
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Section 3959.08 | Denying application for license.
... If the superintendent of insurance denies the application for license, the superintendent shall promptly notify the applicant of the denial and the reasons for the denial within thirty days of the date the application is denied by the superintendent. The notice shall advise the applicant of the applicant's right to request a hearing within thirty days from the date of the mailing of the notice. |
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Section 3959.09 | Issuing license and certificate of authority.
...Upon approval of the application for an administrators license and payment of appropriate filing fees, the applicant shall be granted a license by the superintendent of insurance and an appropriate certificate of authority to operate as an administrator will be issued to the applicant. The license shall be issued, effective on the date the application is approved by the superintendent or board, or both, for a term ex... |
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Section 3959.10 | License renewal.
...(A) The superintendent of insurance shall, at least sixty days before the expiration of the administrators license granted by the superintendent, provide a renewal notice on a form approved by the superintendent. (B) The renewal application shall require the payment of a renewal fee of three hundred dollars and the payment shall be made prior to the expiration date of the license. Failure to make the renewal payment... |
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Section 3959.11 | Written agreement to act as administrator between the administrator and the plan sponsor.
...(A) No person may act as an administrator without a written agreement between the administrator and the plan sponsor. Such written agreement shall be retained as part of the official records of the administrator for the duration of the agreement and for five years thereafter. Each such agreement shall contain, at a minimum, all of the following information: (1) The term of the agreement; (2) An explanation of the s... |
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Section 3959.111 | [Amended and renumbered as R.C. 3957.25 by H.B. 229 of the 136th General Assembly, effective 6/30/2026] Access to information regarding maximum allowable cost pricing.
... (A)(1)(a) In each contract between a pharmacy benefit manager and a pharmacy, the pharmacy shall be given the right to obtain from the pharmacy benefit manager, within ten days after any request, a current list of the sources used to determine maximum allowable cost pricing. In each contract between a pharmacy benefit manager and a pharmacy, the pharmacy benefit manager shall be obligated to update and implement the... |
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Section 3959.12 | Suspension, revocation or nonrenewal of license.
... (A) Any license issued under sections 3959.01 to 3959.16 of the Revised Code may be suspended for a period not to exceed two years, revoked, or not renewed by the superintendent of insurance after notice to the licensee and hearing in accordance with Chapter 119. of the Revised Code. The superintendent may suspend, revoke, or refuse to renew a license if upon investigation and proof the superintendent finds that the... |
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Section 3959.13 | Report of felony conviction.
...Any person who, while licensed as an administrator, is convicted of a felony, shall report the conviction to the superintendent of insurance within thirty days of the entry date of the judgment of conviction. Within that thirty-day period, the person shall also provide the superintendent with a copy of the judgment, the commitment order or the order imposing a community control sanction, and any other relevant docu... |
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Section 3959.14 | Administrator prohibitions.
...No administrator shall do any of the following: (A) Use plan sponsor funds for any purpose or purposes not specifically set forth in written form by the administrator; (B) Fail to disclose in written solicitation material and on an on-going basis, at least once annually, to the plan sponsor all of the following: (1) All fixed plan costs, identifying what each fixed cost includes; (2) Levels of the specific excess... |