North Carolina § 108A-68 - Drug Use Review Program; rules.

§ 108A-68. Drug Use Review Program; rules.

Notwithstanding the provisions of Chapter 90 of the General Statutes or of any other provision of law, the Division of Health Benefits, Department of Health and Human Services, shall adopt rules implementing the drug use review provisions of the Omnibus Budget Reconciliation Act of 1990, as amended. History (1991 (Reg. Sess., 1992), c. 900, s. 128; 1997-443, s. 11A.118(a); 2019-81, s. 15(a).) Editor's Note. - Session Laws 2010-31, s. 10.33(a)-(c), provides: "(a) The Secretary of the Department of Health and Human Services shall establish a Preferred Drug List (PDL) Policy Review Panel within 60 days after the effective date of this section. The purpose of the PDL Policy Review Panel is to review the Medicaid PDL recommendations from the Department of Health and Human Services, Division of Medical Assistance, and the Physician Advisory Group Pharmacy and Therapeutics (PAG P&T) Committee. "(b) The Secretary shall appoint the following individuals to the review panel: "(1) The Director of Pharmacy for the Division of Medical Assistance. "(2) A representative from the PAG P&T Committee. "(3) A representative from the Old North State Medical Society. "(4) A representative from the North Carolina Association of Pharmacists. "(5) A representative from Community Care of North Carolina. "(6) A representative from the North Carolina Psychiatric Association. "(7) A representative from the North Carolina Pediatric Society. "(8) A representative from the North Carolina Academy of Family Physicians. "(9) A representative from the North Carolina Chapter of the American College of Physicians. "(10) A representative from a research-based pharmaceutical company. "Individuals appointed to the Review Panel, except for the Division's Director of Pharmacy, shall only serve a two-year term. "(c) Within 30 days after the Department, in consultation with the PAG P&T Committee, publishes a proposed policy or procedure related to the Medicaid PDL, the Review Panel shall hold an open meeting to review the recommended policy or procedure along with any written public comments received as a result of the posting. The Review Panel shall provide an opportunity for public comment at the meeting. After the conclusion of the meeting, the Review Panel shall submit policy recommendations about the proposed Medicaid PDL policy or procedure to the Secretary." Effect of Amendments. - Session Laws 2019-81, s. 15(a), effective July 1, 2019, substituted "Division of Health Benefits" for "Division of Medical Assistance."