This bill amends RSA 126-A:3, V to require pharmacists to dispense brand name drugs to Medicaid beneficiaries when those drugs are included on the department of health and human services' preferred drug list. The bill also modifies the existing law regarding the substitution of generically equivalent drugs, allowing pharmacists to dispense brand name drugs if specified as medically necessary by the prescribing practitioner. The new legal language includes provisions for the retention of notifications by pharmacies and the establishment of medical assistance reimbursement for legend and non-legend drugs. Additionally, it removes the requirement for prior authorization for generic drug products unless recommended by the drug utilization review board.

Furthermore, the bill introduces a new paragraph (V-a) that allows the chief medical officer of the department of health and human services to issue standing orders for certain Medicaid-covered over-the-counter medications, medical supplies, and laboratory tests when deemed medically necessary and cost-effective. This standing order will be reviewed annually, and health care professionals acting in good faith under this provision will be protected from criminal or civil liability. The bill is set to take effect on July 1, 2025.

Statutes affected:
Introduced: 126-A:3