CHAPTER 1. STATE AGGREGATE PRESCRIPTION DRUG PURCHASING PROGRAM - Indiana Statutes

IC 16-47
    ARTICLE 47. AGGREGATE PURCHASING OF PRESCRIPTION DRUGS

IC 16-47-1
     Chapter 1. State Aggregate Prescription Drug Purchasing Program

IC 16-47-1-1
"Department" defined
     Sec. 1. As used in this chapter, "department" refers to the state personnel department.
As added by P.L.50-2004, SEC.5.

IC 16-47-1-2
"Health benefit plan" defined
     Sec. 2. As used in this chapter, "health benefit plan" refers to the following:
        (1) An accident and sickness insurance policy purchased or maintained under IC 5-10-8-7(a)(3).
        (2) A self-insurance program established under IC 5-10-8-7(b) to provide group health coverage.
        (3) A contract with a prepaid health care delivery plan that is entered into or renewed under IC 5-10-8-7(c).
        (4) A plan through which a state educational institution arranges for coverage of the cost of health care services (as defined in IC 27-13-1-18) provided to employees of the state educational institution.
As added by P.L.50-2004, SEC.5. Amended by P.L.2-2007, SEC.197.

IC 16-47-1-3
"Program" defined
     Sec. 3. As used in this chapter, "program" refers to the aggregate prescription drug purchasing program established under this chapter.
As added by P.L.50-2004, SEC.5.

IC 16-47-1-4
Establishing, implementing, and maintaining program
     Sec. 4. (a) The department, with the approval of the budget agency, shall establish, implement, and maintain an aggregate prescription drug purchasing program through which terms are negotiated related to the purchase of prescription drugs by:
        (1) an entity described in section 5(a) or 5(b) of this chapter; or
        (2) an individual who is covered under a health benefit plan that includes a prescription drug benefit.
    (b) The budget agency may contract with a pharmacy benefit manager or other person to conduct the negotiations of the program established under subsection (a).
    (c) The terms and conditions of the program are subject to the approval of the budget agency.
As added by P.L.50-2004, SEC.5.
IC 16-47-1-5
Participation in program
     Sec. 5. (a) The department shall participate in the program for a health benefit plan:
        (1) described in section 2(1), 2(2), or 2(3) of this chapter; and
        (2) that provides coverage for prescription drugs.
    (b) The following may participate in the program:
        (1) A state agency other than the department that:
            (A) purchases prescription drugs; or
            (B) arranges for the payment of the cost of prescription drugs.
        (2) A local unit (as defined in IC 5-10-8-1).
        (3) The Indiana comprehensive health insurance association established under IC 27-8-10.
        (4) A state educational institution for a health benefit plan:
            (A) described in section 2(4) of this chapter; and
            (B) that provides coverage for prescription drugs.
    (c) The state Medicaid program may not participate in the program under this chapter.
As added by P.L.50-2004, SEC.5. Amended by P.L.173-2007, SEC.3.

IC 16-47-1-6
Approval of request for proposals by budget agency
     Sec. 6. A request for proposal and the award of a contract under this chapter is subject to the approval of the budget agency.
As added by P.L.50-2004, SEC.5.

IC 16-47-1-7
Prohibition on importing drugs in violation of federal law
     Sec. 7. The program may not include the purchase of prescription drugs imported into the United States in violation of federal law.
As added by P.L.50-2004, SEC.5.

IC 16-47-1-8
Voluntary participation by pharmaceutical manufacturers; prohibition on penalizing manufacturers
     Sec. 8. (a) Participation in the program by a pharmaceutical manufacturer is voluntary.
    (b) The state may not:
        (1) require prior authorization for a prescription drug in the state Medicaid program under IC 12-15; or
        (2) otherwise penalize a pharmaceutical manufacturer;
because the pharmaceutical manufacturer is not participating in the program.
As added by P.L.50-2004, SEC.5.

IC 16-47-1-9
Confidentiality of information
     Sec. 9. Any information, including prescription drug prices and discounts, provided to the state or the state's contractor under this

chapter is confidential and is exempt from disclosure under IC 5-14-3.
As added by P.L.50-2004, SEC.5.

IC 16-47-1-10
Negotiations by drug stores to participate in program
     Sec. 10. A drug store may negotiate prescription drug prices and discounts with a pharmaceutical manufacturer to participate in the program.
As added by P.L.50-2004, SEC.5.