§ 4093. Retail pharmacies; filling of prescriptions
(a) A health insurer or pharmacy benefit manager doing business in Vermont shall permit
a retail pharmacist licensed under 26 V.S.A. chapter 36 to fill prescriptions for all prescription drugs in the same manner and at the same
level of reimbursement as they are filled by any other pharmacist or pharmacy, including
a mail-order pharmacy or a pharmacy benefit manager affiliate, with respect to the
quantity of drugs or days’ supply of drugs dispensed under each prescription.
(b) Notwithstanding any provision of a health insurance plan to the contrary, if a health
insurance plan provides for payment or reimbursement that is within the lawful scope
of practice of a pharmacist, the health insurer may provide payment or reimbursement
for the service when the service is provided by a pharmacist.
(c)(1) A health insurer or pharmacy benefit manager shall permit a participating network
pharmacy to perform all pharmacy services within the lawful scope of the profession
of pharmacy as set forth in 26 V.S.A. chapter 36.
(2) A health insurer or pharmacy benefit manager shall not do any of the following:
(A) Require a covered individual, as a condition of payment or reimbursement, to purchase
pharmacist services, including prescription drugs, exclusively through a mail-order
pharmacy or a pharmacy benefit manager affiliate.
(B) Offer or implement plan designs that require a covered individual to use a mail-order
pharmacy or a pharmacy benefit manager affiliate.
(C) Order a covered individual, orally or in writing, including through online messaging,
to use a mail-order pharmacy or a pharmacy benefit manager affiliate.
(D) Establish network requirements that are more restrictive than or inconsistent with
State or federal law, rules adopted by the Board of Pharmacy, or guidance provided
by the Board of Pharmacy or by drug manufacturers that operate to limit or prohibit
a pharmacy or pharmacist from dispensing or prescribing drugs.
(E) Offer or implement plan designs that increase plan or patient costs if the covered
individual chooses not to use a mail-order pharmacy or a pharmacy benefit manager
affiliate. The prohibition in this subdivision (E) includes requiring a covered individual
to pay the full cost for a prescription drug when the covered individual chooses not
to use a mail-order pharmacy or a pharmacy benefit manager affiliate.
(F)(i) Exclude any amount paid by or on behalf of a covered individual, including any third-party
payment, financial assistance, discount, coupon, or other reduction, when calculating
a covered individual’s contribution toward:
(I) the out-of-pocket limits for prescription drug costs under section 4092 of this title;
(II) the covered individual’s deductible, if any; or
(III) to the extent not inconsistent with Sec. 2707 of the Public Health Service Act, 42 U.S.C. § 300gg-6, the annual out-of-pocket maximums applicable to the covered individual’s health
benefit plan.
(ii) The provisions of subdivision (i) of this subdivision (F) relating to a third-party
payment, financial assistance, discount, coupon, or other reduction in out-of-pocket
expenses made on behalf of a covered individual shall only apply to a prescription
drug:
(I) for which there is no generic drug or interchangeable biological product, as those
terms are defined in 18 V.S.A. § 4601; or
(II) for which there is a generic drug or interchangeable biological product, as those
terms are defined in 18 V.S.A. § 4601, but for which the covered individual has obtained access through prior authorization,
a step therapy protocol, or the pharmacy benefit manager’s or health insurer’s exceptions
and appeals process.
(iii) The provisions of subdivision (i) of this subdivision (F) shall apply to a high-deductible
health plan only to the extent that it would not disqualify the plan from eligibility
for a health savings account pursuant to 26 U.S.C. § 223.
(3) A health insurer or pharmacy benefit manager shall not, by contract, written policy,
or written procedure, require that a pharmacy designated by the health insurer or
pharmacy benefit manager dispense a medication directly to a covered individual with
the expectation or intention that the covered individual will transport the medication
to a health care setting for administration by a health care professional.
(4) A health insurer or pharmacy benefit manager shall not, by contract, written policy,
or written procedure, require that a pharmacy designated by the health insurer or
pharmacy benefit manager dispense a medication directly to a health care setting for
a health care professional to administer to a covered individual.
(5) A health insurer or pharmacy benefit manager shall adhere to the definitions of prescription
drugs and the requirements and guidance regarding the pharmacy profession established
by State and federal law and the Vermont Board of Pharmacy and shall not establish
classifications of or distinctions between prescription drugs, impose penalties on
prescription drug claims, attempt to dictate the behavior of pharmacies or pharmacists,
or place restrictions on pharmacies or pharmacists that are more restrictive than
or inconsistent with State or federal law or with rules adopted or guidance provided
by the Board of Pharmacy.
(6) A pharmacy benefit manager or licensed pharmacy shall not make a direct solicitation
to an individual covered by a health insurance plan unless one or more of the following
applies:
(A) the covered individual has given written permission to the supplier or the ordering
health care professional to contact the covered individual regarding the furnishing
of a prescription item that is to be rented or purchased;
(B) the supplier has furnished a prescription item to the covered individual and is contacting
the covered individual to coordinate delivery of the item; or
(C) if the contact relates to the furnishing of a prescription item other than a prescription
item already furnished to the covered individual, the supplier has furnished at least
one prescription item to the covered individual within the 15-month period preceding
the date on which the supplier attempts to make the contact.
(d) A health insurer or pharmacy benefit manager shall not alter a covered individual’s
prescription drug order or the pharmacy chosen by the covered individual without the
covered individual’s consent; provided, however, that nothing in this subsection shall
be construed to affect the duty of a pharmacist to substitute a lower-cost drug or
biological product in accordance with the provisions of 18 V.S.A. § 4605.
(e) All of the provisions of this section except subsection (c) shall apply to Medicaid
and any other public health care assistance program offered or administered by the
State or by any subdivision or instrumentality of the State. (Recodified and amended 2025, No. 11, § 2, eff. September 1, 2025.)