New Jersey § 26:2j-4

§ 26:2j-4.

a. Notwithstanding any provision of law to the contrary, a certificate of authority

to establish and operate a health maintenance organization in this State shall not

be issued or continued on or after the effective date of this act for a health maintenance

organization which provides pharmacy services, prescription drugs, or a prescription

drug plan, unless the coverage for health care services: (1) Permits the enrollee, at the time of enrollment, to select benefit coverage allowing

the enrollee to choose a pharmacy or pharmacist for the provision of prescription

drugs or pharmacy services, provided that any pharmacist or pharmacy selected by the

enrollee is registered pursuant to R.S.45:14-1 et seq. ; (2) Provides that no pharmacy or pharmacist shall be denied the right to participate

as a preferred provider or as a contracting provider, under the same terms and conditions currently applicable to all other preferred or

contracting providers, if the health maintenance organization provides for coverage by contracted or preferred

providers for pharmaceutical services , provided the pharmacy or pharmacist is registered pursuant to R.S.45:14-1 et seq. , and accepts the terms and conditions of the health maintenance organization; (3) Provides that no copayment, fee, or other condition shall be imposed upon an enrollee

selecting a participating or contracting pharmacist or pharmacy that is not also equally

imposed upon all enrollees selecting a participating or contracting pharmacist or

pharmacy; (4) (a) Provides that no enrollee shall be required to obtain pharmacy services and prescription

drugs from a mail service pharmacy ; (b) Provides for no differential in any copayment applicable to any prescription drug

of the same strength, quantity and days' supply, whether obtained from a mail service

pharmacy or a non-mail service pharmacy, provided that the non-mail service pharmacy

agrees to the same terms, conditions, price and services applicable to the mail service

pharmacy; and (c) Provides that the limit on days' supply is the same whether the prescription drug

is obtained from a mail service pharmacy or a non-mail service pharmacy, and that

the limit shall not be less than 90 days except for any health care-related programs

funded in whole or in part with State funds, including, but not limited to, the Medicaid

program established pursuant to P.L.1968, c. 413 ( C.30:4D-1 et seq. ) and the “Children's Health Care Coverage Program” established pursuant to P.L.1997, c. 272 ( C.30:4I-1 et seq. ); (5) Sets forth the auditing procedures to be used by the health maintenance organization

and includes a provision that any audit shall take place at a time mutually agreeable

to the pharmacy or pharmacist and the auditor, unless authorized by the Division of

Medical Assistance and Health Services in the Department of Human Services with regard

to any health care-related programs funded in whole or in part with State funds, including,

but not limited to, the Medicaid program and “Children's Health Care Coverage Program”. No audit by a health maintenance organization shall include a review of any document

relating to any person or prescription plan other than those reimbursable by the health

maintenance organization, unless authorized by the Division of Medical Assistance

and Health Services in the Department of Human Services with regard to any health

care-related programs funded in whole or in part with State funds, including, but

not limited to, the Medicaid program and “Children's Health Care Coverage Program”; (6) Provides that the health maintenance organization, or any agent or intermediary

thereof, including a third party administrator, shall not restrict or prohibit, directly

or indirectly, a pharmacy from charging the enrollee for services rendered by the

pharmacy that are in addition to charges for the drug, for dispensing the drug or

for prescription counseling. Services rendered by the pharmacy for which additional charges are imposed shall

be subject to the approval of the Board of Pharmacy. A pharmacy shall disclose to the purchaser the charges for the additional services

and the purchaser's out-of-pocket cost for those services prior to dispensing the

drug. A pharmacy shall not impose any additional charges for patient counseling or for

other services required by the Board of Pharmacy or the Division of Medical Assistance

and Health Services in the Department of Human Services or State or federal law; (7) The provisions of P.L.1999, c. 395 shall apply to all health maintenance organization contracts delivered. issued or

renewed on or after the effective date of P.L.1999, c. 395 . b. Nothing in this section shall be construed to operate to add any coverage for health

care services, to increase the scope of any coverage for health care services, or

to increase the level of any health care services provided by a health maintenance

organization. c. This section shall apply to health maintenance organization plans in which the

right to change the enrollee charge has been reserved.