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DAR File No. 29808

This filing was published in the 06/15/2007, issue, Vol. 2007, No. 12, of the Utah State Bulletin.

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Health, Health Care Financing, Coverage and Reimbursement Policy

R414-60B

Preferred Drug List

NOTICE OF CHANGE IN PROPOSED RULE

DAR File No.: 29808
Filed: 05/29/2007, 08:36
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This change is needed to authorize public notice requirements for Pharmacy and Therapeutics Committee meetings.

Summary of the rule or change:

This change replaces a statutory citation. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed new rule that was published in the May 1, 2007, issue of the Utah State Bulletin, on page 23. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike out indicates text that has been deleted. You must view the change in proposed rule and the proposed new rule together to understand all of the changes that will be enforceable should the agency make this rule effective.)

State statutory or constitutional authorization for this rule:

Sections 26-18-3 and 26-1-5

the state budget:

There is no budget impact because this change only replaces a statutory citation.

local governments:

There is no budget impact because this change only replaces a statutory citation.

other persons:

There is no budget impact because this change only replaces a statutory citation.

Compliance costs for affected persons:

There is no budget impact because this change only replaces a statutory citation.

Comments by the department head on the fiscal impact the rule may have on businesses:

Public notice reference in proposed rule is clarified. No fiscal impact on business. David N. Sundwall, MD, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Craig Devashrayee at the above address, by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/16/2007

Interested persons may attend a public hearing regarding this rule:

6/25/2007 at 3:30 PM, Cannon Health Building, 288 N 1460 W, Room 114, Salt Lake City, UT

This rule may become effective on:

07/23/2007

Authorized by:

David N. Sundwall, Executive Director

RULE TEXT

R414. Health, Health Care Financing, Coverage and Reimbursement Policy.

R414-60B. Preferred Drug List.

. . . . . . .

R414-60B-4. Service Coverage.

(1) Upon the recommendation of the Pharmacy and Therapeutics (P&T) Committee, DHCF pharmacy staff select the therapeutic classes and select the most clinically effective and cost effective drug or drugs within each class.

(2) The preferred drug or drugs are dispensed without prior authorization requirements.

(3) All other non-preferred drugs within each therapeutic class require prior authorization, unless the prescriber writes "medically necessary - ["]dispense as written" on the prescription and has justification in the patient's medical record substantiating the medical necessity of the non-preferred drug.

. . . . . . .

R414-60B-6. P&T Committee Responsibilities and Functions.

(1) Under Section 26-18-106, the P&T Committee functions as a professional and technical advisory board to DHCF in the formulation of a PDL.

(2) P&T Committee recommendations must:

(a) represent the majority vote at meetings in which a majority of voting members are present; and

(b) include votes by at least one committee member from the group identified in Subsection R414-60B-5(3) and one member from the group identified in Subsection R414-60B-5(4)

(3) The P&T Committee manager shall schedule meetings, set agendas, provide meeting materials, keep minutes, record committee business, notify the Director when vacancies occur, provide meeting notices, and coordinate functions between the committee and DHCF.

(4) Notice for a P&T Committee meeting shall be given in accordance with Section [26-18-105]52-4-202.

(5) The P&T Committee chairperson shall conduct all meetings. The P&T Committee manager shall conduct meetings if the chairperson is not present.

(6) P&T Committee meetings shall occur at least quarterly.

(7) P&T Committee meetings shall be open to the public except when meeting in executive session.

(8) The committee shall:

(a) review drug classes and make recommendations to DHCF for PDL implementation;

(b) review new drugs, new drug classes or both, to make recommendations to DHCF for PDL implementation;

(c) review drugs or drug classes as DHCF assigns or requests;

(d) review drugs within a therapeutic class and make a recommendation to DHCF for the preferred drug or drugs within the therapeutic class; and

(e) review evidence based criteria and drug information.

. . . . . . .

KEY: Medicaid

Date of Enactment or Last Substantive Amendment: 2007

Authorizing, and Implemented or Interpreted Law: 26-18-3; 26-1-5

ADDITIONAL INFORMATION

Text to be deleted is struck through and surrounded by brackets (e.g., [example]). Text to be added is underlined (e.g., example).  Older browsers may not depict some or any of these attributes on the screen or when the document is printed.

For questions regarding the content or application of this rule, please contact Craig Devashrayee at the above address, by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov  For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764).

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Last modified:  06/13/2007 12:38 PM