Sec. 1369.263. CONCLUSION OF AUDIT; SUMMARY; PRELIMINARY AUDIT REPORT. (a) At the conclusion of an on-site audit or a desk audit, the health benefit plan issuer or pharmacy benefit manager shall:
(1) provide to the pharmacist or pharmacy a summary of the audit findings; and
(2) allow the pharmacist or pharmacy to respond to questions and alleged discrepancies, if any, and comment on and clarify the findings.
(b) Not later than the 60th day after the date the audit is concluded, the health benefit plan issuer or pharmacy benefit manager shall send by a means that allows tracking of delivery to the pharmacist or pharmacy a preliminary audit report stating the results of the audit and a list identifying documentation, if any, required to resolve discrepancies, if any, found as a result of the audit.
(c) The pharmacist or pharmacy may, by providing documentation or otherwise, challenge a result or remedy a discrepancy stated in the preliminary audit report not later than the 30th day after the date the pharmacist or pharmacy receives the report.
(d) The pharmacist or pharmacy may request an extension to provide documentation supporting a challenge. The request shall be reasonably granted. A health benefit plan issuer or pharmacy benefit manager that grants an extension is not subject to the deadline to send the final audit report under Section 1369.264.
Added by Acts 2013, 83rd Leg., R.S., Ch. 915 (H.B. 1358), Sec. 1, eff. September 1, 2013.
Structure Texas Statutes
Title 8 - Health Insurance and Other Health Coverages
Subtitle E - Benefits Payable Under Health Coverages
Chapter 1369 - Benefits Related to Prescription Drugs and Devices and Related Services
Subchapter F. Audits of Pharmacists and Pharmacies
Section 1369.252. Exceptions to Applicability of Subchapter
Section 1369.253. Conflict With Other Laws
Section 1369.254. Audit of Pharmacist or Pharmacy; Notice; General Provisions
Section 1369.255. Completion of Audit
Section 1369.256. Audit Requiring Professional Judgment
Section 1369.257. Access to Pharmacy Area
Section 1369.258. Validation Using Certain Records Authorized
Section 1369.2581. Audit Discrepancies; Wholesale Invoices
Section 1369.259. Calculation of Recoupment; Use of Extrapolation Prohibited
Section 1369.260. Clerical or Recordkeeping Error; Fraud Allegation
Section 1369.261. Access to Previous Audit Reports; Uniform Audit Standards
Section 1369.262. Compensation of Auditor
Section 1369.263. Conclusion of Audit; Summary; Preliminary Audit Report
Section 1369.264. Final Audit Report
Section 1369.265. Certain Audits Exempt From Deadlines
Section 1369.266. Recoupment and Interest Charged After Audit
Section 1369.267. Waiver Prohibited
Section 1369.268. Remedies Not Exclusive