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Current as of January 01, 2026 | Updated by Findlaw Staff
(a) For every prescription medication that a consumer intends to purchase, a pharmacist shall, upon request, disclose the following:
(1) The current pharmacy retail price of the brand-name drug and any generically equivalent drug available at the pharmacy, where applicable.
(2) The consumer's cost-sharing amount of the brand-name drug and any generically equivalent drug available at the pharmacy, where applicable.
(3) Information on where to apply for health coverage through the Commonwealth's official health insurance exchange, using materials developed by the exchange authority, which shall be made available on the exchange authority's publicly accessible Internet website and shared with the board.
(4) A disclaimer, which shall be included with the information required under this section. The disclaimer shall state: “A consumer's health care choices, including whether a particular on-exchange health insurance policy is appropriate for the consumer, should not be based solely on the information provided, but should instead be considered in connection with the consumer's other health care and financial circumstances.”
(b) A pharmacy shall be required to keep an electronic or paper copy of this section, including any regulations issued under this section, on file. A pharmacy shall post in a conspicuous manner at all locations where prescription medications are sold a notice informing the consumer of the right to request disclosures provided for under this section. The board shall provide a copy of this section, any regulations issued under this section and the notice required under this subsection in a manner of the board's choosing.
(c) The notice and disclosure required under this section shall be presented in a manner that is easy to read and accessible.
(d) A pharmacist shall not be liable for noncompliance for failure to disclose the information in subsection (a), upon request, due to technological issues.
(e) The board, in consultation with the exchange authority and Insurance Department, as appropriate, shall adopt regulations as necessary to carry out and enforce this section.
(f) As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:
(1) “Cost-sharing amount” means the amount owed by a policyholder under the terms of the policyholder's health insurance policy or as required by a pharmacy benefits manager.
(2) “Exchange authority” means the Pennsylvania Health Insurance Exchange Authority established under 40 Pa.C.S. § 9302 (relating to Pennsylvania Health Insurance Exchange Authority).
(3) “Generically equivalent drug” means the term as defined under section 2 of the act of November 24, 1976 (P.L. 1163, No. 259), 1 referred to as the Generic Equivalent Drug Law.
(4) “Health insurance policy” means the term as defined in 40 Pa.C.S. § 9103 (relating to definitions).
(5) “On-exchange health insurance policy” means a health insurance policy offered for purchase through the health insurance exchange of the Commonwealth operated by the exchange authority.
(6) “Pharmacy benefits manager” means the term as defined under section 103 of the act of November 21, 2016 (P.L. 1318, No. 169), 2 known as the “Pharmacy Audit Integrity and Transparency Act.”
(7) “Pharmacy retail price” means the price that an individual without prescription drug coverage or not using any other prescription medication benefit or discount would pay at a retail pharmacy, not including a pharmacist dispensing fee.
Cite this article: FindLaw.com - Pennsylvania Statutes Title 63 P.S. Professions and Occupations (State Licensed) § 390-9.6. Price disclosure - last updated January 01, 2026 | https://codes.findlaw.com/pa/title-63-ps-professions-and-occupations-state-licensed/pa-st-sect-63-390-9-6/
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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