Clawbacks prohibited

Act 169 of 2016, § 603, under PHARMACY AUDIT INTEGRITY AND TRANSPARENCY ACT - ENACTMENT.

Act 169 of 2016, § 603

Section 603. Clawbacks prohibited.

(a) General rule.--A pharmacist, pharmacy intern or technician may not charge a patient an amount for a covered prescription drug that exceeds the lesser of:

(1) The net reimbursement paid to the pharmacy for the prescription drug by the health benefit plan, health insurer or PBM contracting with a health benefit plan or health insurer.

(2) The amount an individual would pay for the prescription drug if the prescription drug were purchased without coverage under a health benefit plan.

(b) Collection of difference in cost sharing.--A health benefit plan, health insurer or PBM contracting with a health benefit plan or health insurer may not collect from the member any difference in cost sharing the member pays to the pharmacy and the member's cost sharing defined in the member's benefit plan.

(603 added July 17, 2024, P.L.852, No.77)