Vermont Statutes Title 18. Health, § 3804. Pharmacy audit recoupments

(1) include dispensing fees in calculations of overpayments unless the prescription is determined to have been dispensed in error;

(2) recoup funds for clerical or recordkeeping errors, including typographical errors, scriveners' errors, and computer errors on a required document or record unless the error resulted in overpayment or the entity conducting the audit has evidence that the pharmacy's actions reasonably indicate fraud or other intentional or willful misrepresentation;

(3) collect any funds, charge-backs, or penalties until the audit and all appeals are final, unless the entity conducting the audit is alleging fraud or other intentional or willful misrepresentation;

(4) recoup an amount in excess of the actual overpayment.

(1) the responsible party and the entity conducting the audit have entered into a contract that explicitly states the percentage charge or assessment to the responsible party; and

(2) a commission or other payment to an agent or employee of the entity conducting the audit is not based, directly or indirectly, on amounts recouped.