Subject to the foregoing, this term shall not include a pharmacy’s inclusion by an affiliate or other person licensed under Title 33 as a result of an arrangement or agreement with the pharmacy’s affiliate in communications to patients, including patient and prospective patient specific communications, regarding network pharmacies and prices, provided that the affiliate or other person licensed under Title 33 includes information regarding eligible nonaffiliate pharmacies in such communications and the information provided is accurate.
History. Code 1981, § 26-4-119 , enacted by Ga. L. 2019, p. 943, § 1/HB 233; Ga. L. 2020, p. 654, § 3/HB 918.
Effective date. —
This Code section became effective January 1, 2020.
The 2020 amendment, effective January 1, 2021, rewrote subsection (c), which read: “As used in this Code section, the term:
“(1) ‘Affiliate’ means a person licensed under Title 33 which, either directly or indirectly through one or more intermediaries:
“(A) Has an investment or ownership interest in a pharmacy licensed in or holding a nonresident pharmacy permit in Georgia;
“(B) Shares common ownership with a pharmacy licensed in or holding a nonresident pharmacy permit in Georgia; or
“(C) Has as an investor or ownership interest holder a pharmacy licensed in or holding a nonresident pharmacy permit in Georgia.
“(2) ‘Referral’ means:
“(A) Ordering of a patient to a pharmacy by an affiliate either orally or in writing, including online messaging;
“(B) Offering or implementing plan designs that require patients to utilize affiliated pharmacies; or
“(C) Patient or prospective patient specific advertising, marketing, or promotion of a pharmacy by an affiliate.
“Subject to the foregoing, this term shall not include a pharmacy’s inclusion by an affiliate in communications to patients, including patient and prospective patient specific communications, regarding network pharmacies and prices, provided that the affiliate includes information regarding eligible nonaffiliate pharmacies in such communications and the information provided is accurate.”; rewrote paragraph (d)(2), which read: “Presenting a claim for payment to any individual, third-party payor, affiliate, or other entity for a service furnished pursuant to a referral from an affiliate; provided, however, that this shall not apply to referrals from an affiliate for limited distribution prescription drugs requiring special handling and not commonly carried at retail pharmacies or oncology clinics or practices.”; and rewrote subsection (i), which read: “This Code section shall not apply to:
“(A) Any licensed group model health maintenance organization with an exclusive medical group contract which operates its own pharmacies licensed under Code Section 26-4-110.1;
“(B) Any hospital or related institution;
“(C) Any referrals by an affiliate for pharmacy services and prescriptions to patients in skilled nursing facilities, intermediate care facilities, continuing care retirement communities, home health agencies, or hospices; or
“(D) Any care management organization, as defined in Chapter 21A of Title 33.
Structure Georgia Code
Title 26 - Food, Drugs, and Cosmetics
Chapter 4 - Pharmacists and Pharmacies
§ 26-4-111. Pharmacy Licenses — Minimum Standards; Transferability
§ 26-4-112. Occurrences Requiring Immediate Notification to Board
§ 26-4-114. Special Pharmacy Permits
§ 26-4-114.1. Application to Board for Nonresident Pharmacy Permits; Requirements