Fair Pharmacy Audit Law – MISSOURI

MISSOURI SUMMARY OF EXISTING LAW

The state’s fair audit law includes requirements such as: the PBM must provide one week’s advance notice of onsite audits; any clerical error, record-keeping error, typographical error, or scrivener’s error regarding a required document or record shall not constitute fraud or grounds for recoupment, so long as the prescription was otherwise legally dispensed and the claim was otherwise materially correct; the time period for an audit is limited to two years; the use of extrapolation is prohibited; an internal appeals process must be established lasting no longer than six months, under which a licensed pharmacy may appeal an unfavorable preliminary audit report to the PBM; and recoupments of any disputed moneys shall only occur after final internal disposition of the audit, including the appeals process.

Link to Existing Law: Mo. Rev. Stat. § 338.600

PRACTICAL NOTE FOR EXISTING LAW

While this is fairly a substantive audit law, there is no provision limiting the number of claims to be audited, and it would be benefited to some degree if it included a statutory private right of action for an aggreived provider. However, the law includes more nuanced language than other states, creating an exemption only in cases of “probable” fraud, waste and abuse.