Title 806 | Chapter 017 | Regulation 250


806 KAR 17:250.Notification requirements for drug benefits.

Section 1.

Definitions.

(1)

"Drug formulary" means a list of prescription medications preferred for use by a managed care plan and dispensed through a participating pharmacy to an enrollee.

(2)

"Enrollee" is defined in KRS 304.17A-500(5).

(3)

"Maintenance prescription medication" means a prescription drug

(a)

For which a managed care plan receives no less than:

1.

Three (3) claims for a thirty (30) day supply within a four (4) month period of time; or

2.

One (1) claim for a ninety (90) day supply within a six (6) month period of time, including a mail order prescription; and

(b)

That is required for maintenance therapy as determined by the prescribing provider.

(4)

"Managed care plan" is defined in KRS 304.17A-500(9).

Section 2.

Notification Requirements.

(1)

A managed care plan shall provide advance written notice to an enrollee of the following changes:

(a)

The removal of a maintenance prescription medication from its drug formulary;

(b)

A change that restricts or reduces the quantity or dosage of a prescription medication supplied when a prescription is filled; or

(c)

A requirement for prior authorization of a prescription medication is added.

(2)

A written notification pursuant to subsection (1) of this section shall be mailed to an enrollee:

(a)

At least thirty (30) but no more than sixty (60) days prior to the effective date of a change as listed in subsection (1)(a), (b), or (c) of this section for an enrollee who is dispensed a prescription for the drug within six (6) months prior to the notification date; and

(b)

Within thirty (30) days following the effective date of a change as listed in subsection (1)(a), (b), and (c) of this section for an enrollee who is dispensed a prescription for the drug after the notification date required by paragraph (a) of this subsection of this section.

(3)

A written notification pursuant to subsection (1) of this section shall include:

(a)

A clear explanation of the action being taken by the managed care plan;

(b)

The name and phone number of a contact person to answer questions; and

(c)

A description of the exceptions policy to the drug formulary pursuant to KRS 304.17A-535(4).

HISTORY: (27 Ky.R. 2007; Am. 2539; 2781; eff. 4-9-2001; 34 Ky.R. 651; 985; eff. 12-7-2007; Crt eff. 2-26-2020; TAm eff. 3-10-2020.)

7-Year Expiration: 2/26/2027

Last Updated: 12/15/2021


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