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Current as of January 01, 2024 | Updated by Findlaw Staff
For purposes of the Pharmacy Benefit Manager Licensure and Regulation Act:
(1)Auditing entity means a pharmacy benefit manager or any person that represents a pharmacy benefit manager in conducting an audit for compliance with a contract between the pharmacy benefit manager and a pharmacy;
(2)Claims processing service means an administrative service performed in connection with the processing and adjudicating of a claim relating to a pharmacist service that includes:
(a) Receiving a payment for a pharmacist service; or
(b) Making a payment to a pharmacist or pharmacy for a pharmacist service;
(3)Clinician-administered drug means an outpatient prescription drug other than a vaccine that:
(a) Cannot reasonably be self-administered by the covered person to whom the drug is prescribed or by an individual assisting the covered person with self-administration; and
(b) Is typically administered:
(i) By a health care provider authorized to administer the drug, including when acting under a physician's delegation and supervision; and
(ii) In a physician's office, hospital outpatient infusion center, or other clinical setting;
(4)Covered person means a member, policyholder, subscriber, enrollee, beneficiary, dependent, or other individual participating in a health benefit plan;
(5) Director means the Director of Insurance;
(6)Health benefit plan means a policy, contract, certificate, plan, or agreement entered into, offered, or issued by a health carrier or self-funded employee benefit plan to the extent not preempted by federal law to provide, deliver, arrange for, pay for, or reimburse any of the costs of a physical, mental, or behavioral health care service;
(7) Health carrier has the same meaning as in section 44-1303;
(8)Maintenance medication means a drug prescribed for a chronic, long-term condition and taken on a regular, recurring basis;
(9)Network pharmacist means a pharmacist that has a contract, either directly or through a pharmacy services administrative organization, with a pharmacy benefit manager to provide covered drugs at a negotiated reimbursement rate;
(10)Network pharmacy means a pharmacy that has a contract, either directly or through a pharmacy services administrative organization, with a pharmacy benefit manager to provide covered drugs at a negotiated reimbursement rate;
(11)Other prescription drug or device service means a service other than a claims processing service, provided directly or indirectly, whether in connection with or separate from a claims processing service, including, but not limited to:
(a) Negotiating a rebate, discount, or other financial incentive or arrangement with a drug company;
(b) Disbursing or distributing a rebate;
(c) Managing or participating in an incentive program or arrangement for a pharmacist service;
(d) Negotiating or entering into a contractual arrangement with a pharmacist or pharmacy;
(e) Developing and maintaining a formulary;
(f) Designing a prescription benefit program; or
(g) Advertising or promoting a service;
(12) Participating provider has the same meaning as in section 44-7103;
(13) Pharmacist has the same meaning as in section 38-2832;
(14)Pharmacist service means a product, good, or service or any combination thereof provided as a part of the practice of pharmacy;
(15) Pharmacy has the same meaning as in section 71-425;
(16)(a)Pharmacy benefit manager means a person, business, or entity, including a wholly or partially owned or controlled subsidiary of a pharmacy benefit manager, that provides a claims processing service or other prescription drug or device service for a health benefit plan to a covered person who is a resident of this state; and
(b) Pharmacy benefit manager does not include:
(i) A health care facility licensed in this state;
(ii) A health care professional licensed in this state;
(iii) A consultant who only provides advice as to the selection or performance of a pharmacy benefit manager; or
(iv) A health carrier to the extent that it performs any claims processing service or other prescription drug or device service exclusively for its enrollees;
(17)Pharmacy benefit manager affiliate means a pharmacy or pharmacist that directly or indirectly, through one or more intermediaries, owns or controls, is owned or controlled by, or is under common ownership or control with a pharmacy benefit manager;
(18)Pharmacy services administrative organization means an entity that provides a contracted pharmacy with contracting administrative services relating to prescription drug benefits;
(19) Plan sponsor has the same meaning as in section 44-2702;
(20)Specialty pharmacy means:
(a) A pharmacy that specializes in dispensing drugs for patients with rare or complex medical conditions;
(b) A pharmacy that specializes in prescription drugs that have specific storage or dispensing requirements; or
(c) A pharmacy that holds a specialty pharmacy accreditation from a nationally recognized independent accrediting organization; and
(21)Spread pricing means the method of pricing a drug in which the contracted price for a drug that a pharmacy benefit manager charges a health benefit plan differs from the amount the pharmacy benefit manager directly or indirectly pays the pharmacist or pharmacy for pharmacist services.
Cite this article: FindLaw.com - Nebraska Revised Statutes Chapter 44. Insurance § 44-4603. Terms, defined - last updated January 01, 2024 | https://codes.findlaw.com/ne/chapter-44-insurance/ne-rev-st-sect-44-4603/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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