Michigan Compiled Laws
Act 11 of 2022 - Pharmacy Benefit Manager Licensure and Regulation Act (550.811.new - 550.845.new)
Section 550.831.new - Contractual Restrictions and Limitations With Pharmacists or Pharmacies; Disclosure of Costs; Payment at Point of Sale.

***** 550.831.new THIS NEW SECTION IS EFFECTIVE JANUARY 1, 2024 *****
Sec. 21.
(1) A contract between a pharmacy benefit manager and a pharmacist or a pharmacy that provides drug coverage for health plans must not prohibit or restrict a pharmacy or pharmacist from, or penalize a pharmacy or pharmacist for, disclosing to a covered person or enrollee health care information that the pharmacy or pharmacist considers appropriate regarding any of the following:
(a) The nature of the treatment or the risks or the alternatives to the treatment.
(b) The availability of alternate therapies, consultations, or tests.
(2) A pharmacy benefit manager shall not prohibit a pharmacy or pharmacist from discussing information regarding the total cost for pharmacist services for a drug or from selling a more affordable alternative to the covered person or enrollee if a more affordable alternative is available.
(3) A carrier, health plan, or pharmacy benefit manager shall not require a covered person or enrollee to make a payment for a prescription drug at the point of sale in an amount greater than the lesser of the following:
(a) The applicable copayment, coinsurance, and deductible.
(b) The final reimbursement amount to the network pharmacy.
History: 2022, Act 11, Eff. Jan. 1, 2024

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 550 - General Insurance Laws

Act 11 of 2022 - Pharmacy Benefit Manager Licensure and Regulation Act (550.811.new - 550.845.new)

Section 550.811.new - Short Title.

Section 550.815.new - Definitions; a to I.

Section 550.817.new - Definitions; M to P.

Section 550.819.new - Definitions; R to W.

Section 550.821.new - Pharmacy Benefit Manager; Licensure; Application Requirements; Modification Notice; Grounds for Refusal, Revocation, Denial, or Suspension; Fines; Notice and Hearings; Investigation of Officers, Directors and Owners; Renewal.

Section 550.823.new - Promulgation of Rules.

Section 550.825.new - Contractual Responsibilities; Conflict of Interest; Exception for Certain Audits.

Section 550.827.new - Pharmacy Benefit Manager Network; Report; Waiver; Prohibition on Spread Pricing and Fees for Electronic Processing.

Section 550.829.new - Prohibited Conduct.

Section 550.831.new - Contractual Restrictions and Limitations With Pharmacists or Pharmacies; Disclosure of Costs; Payment at Point of Sale.

Section 550.833.new - Transparency Report; Requirements; Exempt From Freedom of Information Act; Report to Legislature; Inapplicable to Medicaid Contracts.

Section 550.837.new - Maximum Allowable Costs; Pharmacy Benefit Manager Duties.

Section 550.838.new - Authorization to Conduct Audit; Process and Duties; Written Report; Extrapolation Audit Prohibition; Inapplicable to Certain Investigations; Carrier Pharmacy Audits Not Impaired or Superseded.

Section 550.839.new - Retail Pharmacies; Contractual Restrictions and Limitations; Use of Untrue, Deceptive, or Misleading Advertisements; Reversal and Resubmission of Claims; Termination of Pharmacy From Pharmacy Benefit Manager Network; Retaliation...

Section 550.840.new - Enforcement of Act; Examination and Audit.

Section 550.841.new - Contract Compliance; License Requirement.

Section 550.843.new - Retention Schedule; Records, Books, Papers, and Other Data; Destruction or Disposal of Certain Documents Prohibited.

Section 550.845.new - Scope of Act.