33-2-2401. Short title — purpose. (1) This part may be cited as the “Montana Pharmacy Benefit Manager Oversight Act”.

Terms Used In Montana Code 33-2-2401

  • Claims processing services: means the administrative services performed in connection with the processing and adjudicating of claims relating to pharmacist services that include either or both of the following:

    (a)receiving payments for pharmacist services; and

    (b)making payments to pharmacists or pharmacies. See Montana Code 33-2-2402

  • Other prescription drug or device services: means services other than claims processing services that are provided directly or indirectly, whether in connection with or separate from claims processing services, including but not limited to:

    (a)negotiating rebates, discounts, or other financial incentives and arrangements with manufacturers, wholesale distributors, or other third parties;

    (b)disbursing or distributing rebates;

    (c)managing or participating in incentive programs or arrangements for pharmacist services;

    (d)negotiating or entering into contractual arrangements with pharmacists, pharmacies, or both;

    (e)developing and maintaining formularies;

    (f)designing prescription drug benefit programs;

    (g)advertising or promoting services; or

    (h)administering prior authorization, step therapy, case management, or other utilization review programs. See Montana Code 33-2-2402

  • Oversight: Committee review of the activities of a Federal agency or program.
  • Pharmacy: means an established location, either physical or electronic, that is licensed by the board of pharmacy pursuant to Title 37, chapter 7. See Montana Code 33-2-2402

(2)This part establishes the standards and criteria for the licensure and regulation of pharmacy benefit managers that provide claims processing services or other prescription drug or device services for health benefit plans and workers’ compensation insurance carriers.

(3)The purpose of this part is to:

(a)promote, preserve, and protect the public health, safety, and welfare through regulation and licensure of pharmacy benefit managers;

(b)provide for powers and duties of the commissioner in licensing and regulating pharmacy benefit managers; and

(c)provide penalties for violations of this part.