Nebraska Statutes 38-28,112. Pharmacist; drug product selection; effect on reimbursement; label; price
(1) Whenever a drug product has been prescribed with the notation that no drug product selection is permitted for a patient who has a contract whereunder he or she is reimbursed for the cost of health care, directly or indirectly, the party that has contracted to reimburse the patient, directly or indirectly, shall make reimbursements on the basis of the price of the brand-name drug product and not on the basis of the equivalent drug product or interchangeable biological product, unless the contract specifically requires generic reimbursement under the Code of Federal Regulations.
Terms Used In Nebraska Statutes 38-28,112
- Contract: A legal written agreement that becomes binding when signed.
- Device: means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including any component, part, or accessory, which is prescribed by a practitioner and dispensed by a pharmacist or other person authorized by law to do so. See Nebraska Statutes 38-2814
- Drug product: means any drug or device as defined in section Nebraska Statutes 38-2818.02
- Equivalent: means drug products that are both chemically equivalent and bioequivalent. See Nebraska Statutes 38-2821.01
- Interchangeable biological product: means a biological product that the federal Food and Drug Administration:
(1) Has licensed and has determined meets the standards for interchangeability pursuant to Nebraska Statutes 38-2825.02
- Practitioner: means a certified registered nurse anesthetist, a certified nurse midwife, a dentist, an optometrist, a nurse practitioner, a physician assistant, a physician, a podiatrist, or a veterinarian. See Nebraska Statutes 38-2838
- Prescription: means an order for a drug or device issued by a practitioner for a specific patient, for emergency use, or for use in immunizations. See Nebraska Statutes 38-2840
(2) A prescription drug or device when dispensed shall bear upon the label the name of the drug or device in the container unless the practitioner writes do not label or words of similar import in the prescription or so designates orally.
(3) Nothing in this section shall (a) require a pharmacy to charge less than its established minimum price for the filling of any prescription or (b) prohibit any hospital from developing, using, and enforcing a formulary.