§ 40-21-1 - Prescription drug program.

SECTION 40-21-1

   § 40-21-1  Prescription drug program.– The department of human services is hereby authorized and directed to amend itspractices, procedures, regulations and the Rhode Island state plan for medicalassistance (Medicaid) pursuant to title XIX of the Federal Social Security Act[42 U.S.C. § 1396 et seq.] to modify the prescription drugprogram:

   (1) To establish a preferred drug list (PDL);

   (2) To enter into supplemental rebate, discount or otheragreements with pharmaceutical companies; and

   (3) To negotiate either state-specific supplemental rebatesor to participate in a multi-state pooling supplemental rebate program.

   Determinations of drugs included on the PDL will be made bythe State Department of Human Services, and a listing of such drugs shall bemaintained on a public website. In making these determinations, the departmentshall consider the recommendations of the Medicaid Pharmaceutical andTherapeutics Committee, whose membership shall include practicing pharmacistsand physicians, faculty members of the University of Rhode Island's College ofPharmacy, and consumers or consumer representatives. Drugs exempt from the PDLshall include: (1) anti-retrovirals; and (2) organ transplant medications.Physicians will be informed about prior authorization procedures formedications not on the PDL, and seventy-two (72) hour emergency supplies may bedispensed if authorizations cannot be obtained.

   (4) To mandate the dispensing of generic-only drugs with theexception of limited brand drug coverage for certain therapeutic classes asapproved by the Department of Human Services to individuals eligible formedical assistance (Medicaid) under §§ 40-8.4-4, 42-12.3-4 and42-12.3-15.