As used in ORS § 735.530 to 735.552:

Terms Used In Oregon Statutes 735.530

  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100

(1) ‘Claim’ means a request from a pharmacy or pharmacist to be reimbursed for the cost of filling or refilling a prescription for a drug or for providing a medical supply or service.

(2) ‘Enrollee’ means an individual who has enrolled for coverage in a health benefit plan for which a pharmacy benefit manager has contracted with the insurer to reimburse claims submitted by pharmacies or pharmacists for the costs of drugs prescribed for the individual.

(3) ‘Health benefit plan’ has the meaning given that term in ORS § 743B.005.

(4) ‘Insurer’ has the meaning given that term in ORS § 731.106.

(5) ‘Long term care pharmacy’ means a pharmacy for which the primary business is to serve a:

(a) Licensed long term care facility, as defined in ORS § 442.015;

(b) Licensed residential facility, as defined in ORS § 443.400; or

(c) Licensed adult foster home, as defined in ORS § 443.705.

(6) ‘Mail order pharmacy’ means a pharmacy for which the primary business is to receive prescriptions by mail, telephone or electronic transmission and dispense drugs to patients through the use of the United States Postal Service, a package delivery service or home delivery.

(7) ‘Network pharmacy’ means a pharmacy that contracts with a pharmacy benefit manager.

(8) ‘Pharmacist’ has the meaning given that term in ORS § 689.005.

(9) ‘Pharmacy’ includes:

(a) A pharmacy as defined in ORS § 689.005;

(b) A long term care pharmacy; and

(c) An entity that provides or oversees administrative services for two or more pharmacies.

(10) ‘Pharmacy benefit’ means the payment for or reimbursement of an enrollee’s cost for prescription drugs.

(11)(a) ‘Pharmacy benefit manager’ means a person that contracts with pharmacies on behalf of an insurer offering a health benefit plan, a third party administrator or the Oregon Prescription Drug Program established in ORS § 414.312 to:

(A) Process claims for prescription drugs or medical supplies or provide retail network management for pharmacies or pharmacists;

(B) Pay pharmacies or pharmacists for prescription drugs or medical supplies; or

(C) Negotiate rebates with manufacturers for drugs paid for or procured as described in this paragraph.

(b) ‘Pharmacy benefit manager’ does not include a health care service contractor as defined in ORS § 750.005.

(12) ‘Specialty drug’ means a drug that:

(a) Is subject to restricted distribution by the United States Food and Drug Administration; or

(b) Requires special handling, provider coordination or patient education that cannot be provided by a retail pharmacy.

(13) ‘Specialty pharmacy’ means a pharmacy capable of meeting the requirements applicable to specialty drugs.

(14) ‘Third party administrator’ means a person licensed under ORS § 744.702.

(15) § 340B pharmacy’ means a pharmacy that is authorized to purchase drugs at a discount under 42 U.S.C. § 256b. [2013 c.570 § 2; 2017 c.73 § 5; 2019 c.526 § 3]

 

735.530 to 735.552 were added to and made a part of the Insurance Code by legislative action but were not added to ORS Chapter 735 or any series therein. See Preface to Oregon Revised Statutes for further explanation.