New Jersey Administrative Code
Title 11 - INSURANCE
Chapter 4 - ACTUARIAL SERVICES
Subchapter 62 - PHARMACY BENEFITS MANAGERS
Section 11:4-62.4 - Appeals
Universal Citation: NJ Admin Code 11:4-62.4
Current through Register Vol. 56, No. 18, September 16, 2024
(a) All contracts between a pharmacy benefits manager and a contracted pharmacy shall include a process to appeal, investigate, and resolve disputes regarding multiple source generic drug pricing. The contract provision establishing the process shall include the following:
1. The right to appeal
shall be limited to 14 calendar days following the initial claim;
2. The appeal shall be investigated and
resolved by the pharmacy benefits manager through an internal process within 14
calendar days of receipt of the appeal by the pharmacy benefits manager;
and
3. A telephone number at which
a pharmacy may contact the pharmacy benefits manager and speak with an
individual who is involved in the appeals process.
(b) In addition to (a) above, the contract shall also provide that:
1. If the appeal is
denied, the pharmacy benefits manager shall provide the reason for the denial
and identify the national drug code of a drug product that is available for
purchase by contracted pharmacies in this State from wholesalers registered
pursuant to N.J.S.A. 24:6B-1 et seq.,
at a price which is equal to or less than the maximum allowable cost for the
appealed drug as determined by the pharmacy benefits manager; and
2. If the appeal is approved, the pharmacy
benefits manager shall make the price correction, permit the reporting pharmacy
to reverse and rebill the appealed claim, and make the price correction
effective for all similarly situated pharmacies from the date of the approved
appeal.
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