Maximum Allowable Cost Law – KANSAS
KANSAS SUMMARY OF EXISTING LAW
The PBM must provide the pharmacy the sources utilized to determine the MAC price, and must update the list at least every 7 days. The network pharmacy must file an appeal no later than 10 business days after the fill date and the statute describes the next steps if the appeal is upheld or denied.
Link to Existing Law: K.S.A. § 40-3830
PRACTICAL NOTE FOR EXISTING LAW
This is a fairly standard MAC law. Interestingly, if an appeal is denied, the PBM must provide the pharmacy the reason for the denial as well as the NDC of an equivalent drug that may be purchased by a similarly situated pharmacy at the price that is equal to or less than the maximum allowable cost of the appealed drug. However, given the appeal can only be made to the PBM, there is opportunity to advocate for a stronger regulatory scheme and oversight of PBM.
