New Mexico Code § 13-7-17.1

Community-based pharmacy reimbursement
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A. Group health coverage, including any form of self-insurance, offered, issued or
renewed under the Health Care Purchasing Act that offers a prescription drug benefit
shall reimburse community-based pharmacy providers as follows:
(1) for the ingredient cost of a prescription drug at a value that is at least
equal to the national average drug acquisition cost for the prescription drug at the time
that the prescription drug is administered or dispensed, or if data for the national
average drug acquisition cost is unavailable, the wholesale acquisition cost of the
prescription drug; and
(2) a professional dispensing fee.
B. The professional dispensing fee reimbursed to community-based pharmacy
providers shall be no less than the professional dispensing fee reimbursed to
community-based pharmacy providers for covered outpatient drugs in the medicaid fee-
for-service program.
C. For the purposes of this section:
(1) "community-based pharmacy provider" means a pharmacy that is:
(a) open to the public for prescriptions to be filled, regardless of the facility or
practice where the prescription was written;
(b) located in the state or near the state border, if the border town is a primary
source of prescription drugs for medicaid recipients residing in the border area; and
(c) not: 1) government-owned; 2) hospital-owned; 3) owned by a corporation
that owns hospitals; 4) an extension of a medical practice or special facility; 5) owned by
a corporate chain of pharmacies with stores outside of the state; or 6) a mail-order
pharmacy;
(2) "ingredient cost" means the actual amount paid to a community-based
pharmacy provider for a prescription drug, not including the professional dispensing fee
or cost sharing;
(3) "medicaid" means the medical assistance program established pursuant
to Title 19 of the federal Social Security Act and regulations issued pursuant to that act;
(4) "national average drug acquisition cost" means the national average of
prices at which pharmacies purchase a prescription drug from manufacturers or
wholesalers; and
(5) "wholesale acquisition cost" means a manufacturer's list price for a
prescription drug sold to wholesalers in the United States, not including discounts,
rebates or reductions in price."
History: Laws 2025, ch. 33, § 1.

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