Issue 3 - the Montana Secretary of State Website

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that Montana pharmacies should be compensated for compiling and providing this
information.
RESPONSE #9: The department disagrees with the commentor. See response #3.
COMMENT # 10: It was stated that the department was a party to the AWP
settlement and is required by the terms of the settlement to offset the judicially
mandated adjustment to AWP by increasing dispensing fee.
RESPONSE #10: The department disagrees. Montana Medicaid was not a party to
the AWP settlement (First DataBank lawsuit settlement). The AWP settlement does
not impose a legal obligation to offset the downward adjustment to AWP.
COMMENT #11: A commentor generally supports the rule changes. The federal
upper limit should be eliminated. The commentor supports the new SMAC
methodology but wants the dispensing fee carefully monitored to cover actual costs.
The commentor supports a higher dispensing fee that should cover the actual costs
associated with filing a prescription. For example, some patients require weekly
packaging of some medications. This may reduce costs and is good treatment but it
is an overhead cost to the pharmacy that should be reimbursed.
RESPONSE #11: The department appreciates the comment and agrees that the
dispensing fee and pricing structure must be monitored to promote the equitable
reimbursement of pharmacies for quality patient care and cost containment.
6. The department intends to apply these rules effective March 1, 2010.
/s/ Geralyn Driscoll
Rule Reviewer
/s/ Anna Whiting Sorrell
Anna Whiting Sorrell, Director
Public Health and Human Services
Certified to the Secretary of State February 1, 2010.
Montana Administrative Register 3-2/11/10