Ohio § 3902.71

§ 3902.71.

(A) On and after the effective date of this section, a contract entered into between

a health plan issuer, including a third-party administrator, and a 340B covered entity

shall not contain any of the following provisions: (1) A reimbursement rate for a prescription drug that is less than the national average

drug acquisition cost rate for that drug as determined by the United States centers

for medicare and medicaid services, measured at the time the drug is administered

or dispensed, or, if no such rate is available at that time, a reimbursement rate

that is less than the wholesale acquisition cost of the drug, as defined in 42 U.S.C. 1395w-3a(c)(6)(B) ; (2) A dispensing fee reimbursement amount that is less than the reimbursement amount

provided to a terminal distributor of dangerous drugs under section 5164.753 of the Revised Code ; (3) A fee that is not imposed on a health care provider that is not a 340B covered entity; (4) A fee amount that exceeds the fee amount for a health care provider that is not a

340B covered entity. (B) No health plan issuer or third-party administrator making payments pursuant to a

health benefit plan shall discriminate against a 340B covered entity in a manner that

prevents or interferes with an enrollee's choice to receive a prescription drug from

a 340B covered entity or its contracted pharmacies. (C) Any provision of a contract entered into between a health plan issuer and a 340B

covered entity that is contrary to division (A) of this section is unenforceable and

shall be replaced with the dispensing fee or reimbursement rate that applies for health

care providers that are not 340B covered entities.