[§346-316] Discounted retail prices for program participants. (a) Each pharmacy participating in the Hawaii Rx program shall discount the price of drugs covered by the program and sold to program participants.

(b) The department shall establish discounts for drugs covered by a rebate agreement and shall promote the use of reduced-cost drugs, taking into consideration:

(1) Reduced prices for state and federally capped drug programs;

(2) Dispensing fees;

(3) Administrative costs of the department; and

(4) The average of all rebates provided pursuant to section 346-314, weighted by sales of drugs subject to those rebates over the most recent twelve-month period for which the information is available.

(c) In making a determination under this section, the administrator may rely on pricing information for a selected number of prescription drugs where the list of drugs selected is:

(1) Representative of the prescription drug needs of the residents of the State; and

(2) Made public.

(d) Beginning July 1, 2004, a participating pharmacy shall offer prescription drugs below the average wholesale price, plus a dispensing fee designated by the department. These initial price levels shall be calculated by the department and the dispensing fee shall not be less than that provided under the state medicaid program. The average wholesale price is the price on a specific commodity that is assigned by the drug manufacturer and is listed in a nationally-recognized drug pricing file.

(e) No later than January 1, 2005, a participating pharmacy shall offer prescription drugs at or below the initial price levels specified in subsection (d), minus the amount of any discounts as calculated pursuant to subsections (b) and (c) to be paid by the State to the pharmacy. [L 2002, c 76, pt of §1]

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