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Current as of January 01, 2025 | Updated by Findlaw Staff
(a) Prohibitions.--A health benefit plan, health insurer or PBM contracting with a health benefit plan or health insurer may not:
(1) Require a covered individual, as a condition of payment or reimbursement, to purchase pharmacist services, including, but not limited to, prescription drugs, exclusively through a mail-order pharmacy or PBM retail pharmacy affiliate.
(2) Prohibit or limit a covered individual from selecting an in-network pharmacy or in-network pharmacist of the covered individual's choice if that pharmacy or pharmacist meets and agrees to the terms and conditions, including reimbursements, in the PBM's contract.
(3) Require a covered individual to use a PBM-affiliated retail pharmacy.
(4) Transfer a covered individual's prescriptions from an in-network pharmacy to another pharmacy unless requested by the covered individual.
(5) Use financial incentives, including, but not limited to, adjustments in cost sharing obligations of a covered individual, to the exclusive benefit of a PBM-affiliated retail pharmacy.
(6) Except as provided in subsection (b), auto-enroll a covered individual in mail-order pharmacy services.
(b) Construction.--Nothing in this section shall be construed:
(1) To prevent a PBM, health benefit plan or health insurer from requiring a covered individual to use an approved specialty pharmacy operating in the PBM's network.
(2) To prevent a health benefit plan, health insurer or PBM contracting with a health benefit plan or health insurer from auto-enrolling a covered individual in mail-order services for a maintenance medication, provided that:
(i) a covered individual may not be auto-enrolled for the first 90 days of a new maintenance medication; and
(ii) a covered individual shall have the ability to opt out of mail-order pharmacy services at any time.
Cite this article: FindLaw.com - Pennsylvania Statutes Title 40 P.S. Insurance § 4526. Patient steering - last updated January 01, 2025 | https://codes.findlaw.com/pa/title-40-ps-insurance/pa-st-sect-40-4526/
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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