New Jersey § 30:4j-20

§ 30:4j-20.

a. A pharmacy shall receive full payment and shall not be penalized for dispensing

a forged or fraudulent prescription that has been approved by the NJ FamilyCare Program

established pursuant to P.L.2005, c. 156 ( C.30:4J-8 et al.), unless the pharmacist or an employee or agent of the pharmacy has committed

the forgery or fraud or has knowingly facilitated the commission of a forgery or fraud,

or has failed to comply with the requirements set forth in subsection c. of this section. b. As used in this section, “has committed the forgery or fraud or has knowingly facilitated

the commission of a forgery or fraud” means that a person: (1) knowingly and willfully made or caused to be made any false statement or representation

of a material fact in any document or electronic transmission necessary to receive

payment by the program for the prescription; (2) knowingly and willfully made or caused to be made any false statement, written

or oral, of a material fact for use in determining the right to payment by the program

for the prescription; or (3) concealed or failed to disclose a fact or the occurrence of an event that affects

the right to payment by the program for the prescription. c. The provisions of this section shall not be construed as relieving a pharmacist

of his obligation to comply with any requirements provided under any State or federal

statute or regulation for the pharmacist: (1) to seek verification of a prescription from an authorized prescriber or the latter's

authorized agent before filling the prescription whenever the pharmacist has reason

to question the authenticity, accuracy, or appropriateness of the prescription; and (2) to not fill the prescription when the authenticity, accuracy, or appropriateness

of the prescription is in question and no such verification has been provided. A pharmacist who fails to comply with these requirements shall be subject to exclusion

or debarment as a provider under the NJ FamilyCare Program, and the recovery of monies

improperly expended by the State due to the dispensing of the forged or fraudulent

prescription. If these monies cannot be recovered from the pharmacist, the pharmacy shall be subject

to the recovery. d. The Office of the Medicaid Inspector General shall make every reasonable effort

to identify an individual who has committed the forgery or fraud or has knowingly

facilitated the commission of a forgery or fraud and collect from the individual the

amount paid by the program for the dispensed prescription, in addition to any other

penalties that may apply. If the forgery or fraud involves the misuse or theft of a NJ FamilyCare Program

eligibility identification card, the card shall be subject to a pharmacy restriction

process under which the program recipient is permitted to use the card only at a single

pharmacy of the recipient's choosing. e. The pharmacist and each employee and agent of the pharmacy shall cooperate fully

with the Office of the Medicaid Inspector General in any investigation of forged or

fraudulent prescriptions and shall respond fully to any request for information or

other assistance by the Division of Medical Assistance and Health Services in the

Department of Human Services in regard to such prescriptions.