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2012 -- H 7650 | |
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LC01727 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2012 | |
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A N A C T | |
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RELATING TO HUMAN SERVICES - MEDICAL ASSISTANCE | |
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Introduced By: Representative Arthur J. Corvese | |
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Date Introduced: February 16, 2012 | |
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Referred To: House Health, Education & Welfare | |
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It is enacted by the General Assembly as follows: | |
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SECTION 1. Section 40-8-24 of the General Laws in Chapter 40-8 entitled "Medical |
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Assistance" is hereby amended to read as follows: |
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40-8-24. Less expensive alternative medications. -- (a) For pharmaceutical purchases |
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eligible for reimbursement under the Medicaid state plan, the department shall encourage the |
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substitution of generic drugs which are therapeutically equivalent and interchangeable with |
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specific brand name drugs in accordance with section 21-31-16.1 and related regulations of the |
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department of health, except in the event that a brand name is determined by the director to be |
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less costly to the state than the equivalent generic. Calculation of comparative drug costs shall |
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include consideration of the amount paid by the state to the pharmacy for a drug under the current |
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retail pharmacy reimbursement formula, less any discounts or rebates, including those paid |
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pursuant to federal Medicaid law during the previous calendar quarter, and inclusive of all |
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dispensing fees. |
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(b) The department shall not require a beneficiary to use, prior to using a brand name |
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prescription drug prescribed by a licensed prescriber, any alternative brand name prescription |
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drug or over-the-counter drugs. |
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(c) The department may require a beneficiary to use, prior to using a brand name |
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prescription drug prescribed by a licensed prescriber, a therapeutically equivalent generic drug, |
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unless, pursuant to sections 5-19.1-19, 5-37-18.1 and 21-31-15(b), the prescriber indicates “brand |
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name necessary” on the prescription form, or if the prescriber gives oral directions to that effect |
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to the dispensing pharmacist. |
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SECTION 2. This act shall take effect on July 1, 2012. |
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LC01727 | |
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EXPLANATION | |
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BY THE LEGISLATIVE COUNCIL | |
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OF | |
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A N A C T | |
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RELATING TO HUMAN SERVICES - MEDICAL ASSISTANCE | |
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This act would prevent the department of human services from requiring a Medicaid |
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beneficiary to use an alternative brand name prescription drug or over-the-counter drug prior to |
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using a brand name prescription drug prescribed by a licensed physician. |
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This act would take effect on July 1, 2012. |
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LC01727 | |
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