Maximum Allowable Cost Law – NEW HAMPSHIRE
NEW HAMPSHIRE SUMMARY OF EXISTING LAW
Requires PBMs to identify the sources used to calculate the drug product reimbursement paid for covered drugs available under the pharmacy health benefit plan. PBMs must provide a process to appeal, investigate, and resolve disputes regarding the MAC pricing, including an appeal time frame of at least 30 business days following the initial claim, and a requirement that appeals be resolved within 30 business days. If the appeal is denied, the PBM shall provide the reason for the denial, and identify the NDC of a drug product that may be purchased by contracted pharmacies at a price at or below the maximum allowable cost. If appeal is granted, PBM shall within 30 business days after granting the appeal make the change in the MAC and permit the challenging pharmacy or pharmacist to reverse and rebill the claim in question. Changes to the MAC lists must be made every 14 days.
Link to Existing Law: N.H. Rev. Stat. § 402-N:3
PRACTICAL NOTE FOR EXISTING LAW
This law could be tightened on some of the details (i.e., more frequent updates to the MAC lists, shorter turn around times for appeal, etc.). In addition, there was legislation that targeted more specific provisions within MAC such as methodology, etc. However, the PBMs put a fiscal note in this legislation which resulted in an appeals bill that was watered down.