REPRESENTATIVES Hagan, Miller

To amend section 2921.13 and to enact sections

1

5110.01, 5110.02, 5110.04, 5110.05, 5110.06,

2

5110.07, 5110.10, 5110.11, 5110.12, 5110.13,

3

5110.14, 5110.15, 5110.16, 5110.20, 5110.21,

4

5110.22, 5110.23, 5110.25, 5110.26, 5110.27,

5

5110.28, 5110.29, 5110.32, 5110.33, 5110.35,

6

5110.351, 5110.352, 5110.36, 5110.37, 5110.38,

7

5110.39, 5110.45, 5110.46, 5110.47, 5110.48,

8

5110.49, 5110.50, 5110.55, 5110.56, and 5110.57 of

9

the Revised Code to create the Ohio's Best Rx

10

Program.

11

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 2921.13 be amended and sections	12
5110.01, 5110.02, 5110.04, 5110.05, 5110.06, 5110.07, 5110.10,	13
5110.11, 5110.12, 5110.13, 5110.14, 5110.15, 5110.16, 5110.20,	14
5110.21, 5110.22, 5110.23, 5110.25, 5110.26, 5110.27, 5110.28,	15
5110.29, 5110.32, 5110.33, 5110.35, 5110.351, 5110.352, 5110.36,	16
5110.37, 5110.38, 5110.39, 5110.45, 5110.46, 5110.47, 5110.48,	17
5110.49, 5110.50, 5110.55, 5110.56, and 5110.57 of the Revised	18
Code be enacted to read as follows:	19

Sec. 2921.13.  (A) No person shall knowingly make a false	20
statement, or knowingly swear or affirm the truth of a false	21
statement previously made, when any of the following applies:	22

(1) The statement is made in any official proceeding.

23

(2) The statement is made with purpose to incriminate	24
another.	25

(3) The statement is made with purpose to mislead a public	26
official in performing the public official's official function.	27

(4) The statement is made with purpose to obtain an Ohio's	28
best Rx program enrollment card or to secure the payment of	29
unemployment compensation; Ohio works first; prevention,	30
retention, and contingency benefits and services; disability	31
financial assistance; retirement benefits; economic development	32
assistance, as defined in section 9.66 of the Revised Code; or	33
other benefits administered by a governmental agency or paid out	34
of a public treasury.	35

(5) The statement is made with purpose to secure the issuance	36
by a governmental agency of a license, permit, authorization,	37
certificate, registration, release, or provider agreement.	38

(6) The statement is sworn or affirmed before a notary public	39
or another person empowered to administer oaths.	40

(7) The statement is in writing on or in connection with a	41
report or return that is required or authorized by law.	42

(8) The statement is in writing and is made with purpose to	43
induce another to extend credit to or employ the offender, to	44
confer any degree, diploma, certificate of attainment, award of	45
excellence, or honor on the offender, or to extend to or bestow	46
upon the offender any other valuable benefit or distinction, when	47
the person to whom the statement is directed relies upon it to	48
that person's detriment.	49

(9) The statement is made with purpose to commit or	50
facilitate the commission of a theft offense.	51

(10) The statement is knowingly made to a probate court in	52
connection with any action, proceeding, or other matter within its	53
jurisdiction, either orally or in a written document, including,	54
but not limited to, an application, petition, complaint, or other	55
pleading, or an inventory, account, or report.	56

(11) The statement is made on an account, form, record,	57
stamp, label, or other writing that is required by law.	58

(12) The statement is made in connection with the purchase of	59
a firearm, as defined in section 2923.11 of the Revised Code, and	60
in conjunction with the furnishing to the seller of the firearm of	61
a fictitious or altered driver's or commercial driver's license or	62
permit, a fictitious or altered identification card, or any other	63
document that contains false information about the purchaser's	64
identity.	65

(13) The statement is made in a document or instrument of	66
writing that purports to be a judgment, lien, or claim of	67
indebtedness and is filed or recorded with the secretary of state,	68
a county recorder, or the clerk of a court of record.	69

(B) No person, in connection with the purchase of a firearm,	70
as defined in section 2923.11 of the Revised Code, shall knowingly	71
furnish to the seller of the firearm a fictitious or altered	72
driver's or commercial driver's license or permit, a fictitious or	73
altered identification card, or any other document that contains	74
false information about the purchaser's identity.	75

(C) It is no defense to a charge under division (A)(4) of	76
this section that the oath or affirmation was administered or	77
taken in an irregular manner.	78

(D) If contradictory statements relating to the same fact are	79
made by the offender within the period of the statute of	80
limitations for falsification, it is not necessary for the	81
prosecution to prove which statement was false but only that one	82
or the other was false.	83

(E)(1) Whoever violates division (A)(1), (2), (3), (4), (5),	84
(6), (7), (8), (10), (11), or (13) of this section is guilty of	85
falsification, a misdemeanor of the first degree.	86

(2) Whoever violates division (A)(9) of this section is	87
guilty of falsification in a theft offense. Except as otherwise	88
provided in this division, falsification in a theft offense is a	89
misdemeanor of the first degree. If the value of the property or	90
services stolen is five hundred dollars or more and is less than	91
five thousand dollars, falsification in a theft offense is a	92
felony of the fifth degree. If the value of the property or	93
services stolen is five thousand dollars or more and is less than	94
one hundred thousand dollars, falsification in a theft offense is	95
a felony of the fourth degree. If the value of the property or	96
services stolen is one hundred thousand dollars or more,	97
falsification in a theft offense is a felony of the third degree.	98

(3) Whoever violates division (A)(12) or (B) of this section	99
is guilty of falsification to purchase a firearm, a felony of the	100
fifth degree.	101

(F) A person who violates this section is liable in a civil	102
action to any person harmed by the violation for injury, death, or	103
loss to person or property incurred as a result of the commission	104
of the offense and for reasonable attorney's fees, court costs,	105
and other expenses incurred as a result of prosecuting the civil	106
action commenced under this division. A civil action under this	107
division is not the exclusive remedy of a person who incurs	108
injury, death, or loss to person or property as a result of a	109
violation of this section.	110

Sec. 5110.01.  As used in this chapter:

111

(A) "Covered drug" means a drug covered by the Ohio's best Rx	112
program as provided by section 5110.21 of the Revised Code.	113

(B) "Medicaid" means the medical assistance program	114
established under Chapter 5111. of the Revised Code.	115

(C) "National drug code number" means the number registered	116
for a drug pursuant to the listing system established by the	117
United States food and drug administration under the "Drug Listing	118
Act of 1972," 86 Stat. 559, 21 U.S.C. 360, as amended.	119

(D) "Ohio's best Rx program participant" or "participant"	120
means an individual determined eligible for the Ohio's best Rx	121
program and holding a valid Ohio's best Rx program enrollment card	122
or the individual's parent, guardian, or custodian when acting on	123
behalf of the participant.	124

(E) "Participating manufacturer" means a drug manufacturer	125
participating in the Ohio's best Rx program pursuant to an	126
agreement entered into with the department of job and family	127
services under section 5110.20 of the Revised Code.	128

(F) "Participating terminal distributor" means a terminal	129
distributor of dangerous drugs participating in the Ohio's best Rx	130
program pursuant to an agreement entered into with the department	131
of job and family services under section 5110.10 of the Revised	132
Code.	133

(G) "Per unit price" means the total amount paid to a	134
terminal distributor of dangerous drugs under a state health	135
benefit plan for one unit of a drug covered by the plan, after	136
rebates, discounts, and other reductions are made. "Per unit	137
price" includes both of the following:	138

(1) The amount that the state health benefit plan, or other	139
government entity or person authorized to make the payment on	140
behalf of the state health benefit plan, pays to the terminal	141
disbributor of dangerous drugs;	142

(2) The amount that the beneficiary of the state health	143
benefit plan pays to the terminal distributor of dangerous drugs	144
in the form of a copayment, coinsurance, or other cost-sharing	145
charge.	146

(H) "Per unit rebate" means all rebates, discounts, formulary	147
fees, administrative fees, and other allowances calculated on a	148
drug-by-drug basis that are paid by a drug manufacturer to a state	149
health benefit plan for one unit of a drug dispensed under the	150
plan.	151

(I) "Proportionate administrative cost" means the percentage	152
specified in rules adopted under division (F) of section 5110.35	153
of the Revised Code.	154

(J) "State health benefit plan" means a policy or contract of	155
health care benefits to which any of the following apply:	156

(1) It is provided by a collective bargaining agreement	157
authorized by division (A)(4) of section 4117.03 of the Revised	158
Code.	159

(2) It is offered by the department of administrative	160
services to state employees in accordance with section 124.81 or	161
124.82 of the Revised Code.	162

(3) It is offered by a state retirement system to persons	163
receiving a pension, allowance, or other cash benefit based on age	164
and service retirement.	165

(K) "State retirement system" means all of the following: the	166
public employees retirement system, state teachers retirement	167
system, school employees retirement system, Ohio police and fire	168
pension fund, and state highway patrol retirement system.	169

(L) "Terminal distributor of dangerous drugs" has the same	170
meaning as in section 4729.01 of the Revised Code.	171

(M) "Third-party payer" has the same meaning as in section	172
3901.38 of the Revised Code.	173

(N) "Usual and customary charge" means the amount a	174
participating terminal distributor charges for a covered drug to	175
an individual to whom both of the following apply:	176

(1) Does not receive a discounted price for the covered drug	177
pursuant to any drug discount program, including the Ohio's best	178
Rx program, the prescription drug discount card program	179
established under section 173.061 of the Revised Code, or a	180
pharmacy assistance program;	181

(2) No third-party payer or program funded in whole or part	182
with state or federal funds is responsible for all or part of the	183
cost of the drug the distributor dispenses to the individual.	184

Sec. 5110.02.  There is hereby established in the department	185
of job and family services the Ohio's best Rx program.	186

Sec. 5110.04.  (A) An individual who meets all of the	187
following requirements at the time application for the Ohio's best	188
Rx program is made is eligible to participate in the program:	189

(1) The individual is a resident of this state.

190

(2) The individual's family income does not exceed two	191
hundred fifty per cent of the federal poverty guidelines, as	192
defined in section 5101.46 of the Revised Code, or the individual	193
is sixty years of age or older.	194

(3) The individual does not have outpatient prescription drug	195
coverage paid for in whole or in part by any of the following:	196

(a) A third-party payer;

197

(b) The medicaid program;

198

(c) Another health plan or pharmacy assistance program that	199
uses state or federal funds to pay part or all of the cost of the	200
individual's outpatient prescription drugs, other than a	201
prescription drug discount card program established under section	202
173.061 of the Revised Code.	203

(4) Except as provided in division (B) of this section, the	204
individual did not have outpatient prescription drug coverage	205
specified in division (A)(3) of this section during any of the	206
four months preceding the month in which the application for the	207
Ohio's best Rx program is made.	208

(5) The individual, or the individual's parent, guardian, or	209
custodian, submits a completed application for the program to the	210
department of job and family services in accordance with section	211
5110.05 of the Revised Code.	212

(B) No individual shall be denied eligibility for the Ohio's	213
best Rx program pursuant to division (A)(4) of this section if the	214
individual, at the time the application for the program is made,	215
is sixty years of age or older or is no longer eligible for	216
outpatient prescription drug coverage because of any of the	217
following:	218

(1) The third-party payer that paid all or part of the	219
coverage filed for bankruptcy under federal bankruptcy laws.	220

(2) The individual is no longer eligible for coverage	221
provided through a retirement plan subject to protection under the	222
"Employee Retirement Income Security Act of 1974," 88 Stat. 832,	223
29 U.S.C. 1001, as amended.	224

(3) The individual is no longer eligible for transitional	225
medicaid benefits under section 5111.023 of the Revised Code.	226

Sec. 5110.05.  An individual seeking to participate in the	227
Ohio's best Rx program, or the parent, guardian, or custodian of	228
the individual, shall apply to the department of job and family	229
services annually in accordance with rules adopted under section	230
5110.35 of the Revised Code. The individual, parent, guardian, or	231
custodian shall include with the application documentation	232
specified in the rules to provide verification of the information	233
provided in the application.	234

Sec. 5110.06.  The application form for the Ohio's best Rx	235
program shall include a space for the applicant, or applicant's	236
parent, guardian, or custodian, to attest that the information the	237
applicant, parent, guardian, or custodian has provided in the	238
application and the documentation included with the application	239
is, to the best knowledge and belief of the applicant, guardian,	240
or custodian, accurate. The application form shall also include	241
both of the following:	242

(A) A statement printed in bold letters indicating that	243
knowingly making a false statement on the form is falsification	244
under section 2921.13 of the Revised Code, a misdemeanor of the	245
first degree;	246

(B) Information about the medicaid program, including general	247
eligibility requirements, application procedures, and benefits.	248

Sec. 5110.07.  The department of job and family services	249
shall make eligibility determinations for the Ohio's best Rx	250
program in accordance with procedures established in rules adopted	251
under section 5110.35 of the Revised Code. The department shall	252
issue a program enrollment card to or on behalf of each individual	253
determined eligible to participate. The card is valid for one year	254
and shall be presented to a participating terminal distributor	255
each time a covered drug is purchased under the program.	256

Sec. 5110.10.  A terminal distributor of dangerous drugs may	257
enter into an agreement with the department of job and family	258
services to participate in the Ohio's best Rx program.	259

An agreement entered into under this section shall do all of	260
the following:	261

(A) Specify the amount of time the agreement is to be in	262
effect, which shall be not less than one year from the date the	263
agreement is entered into;	264

(B) Require that the participating terminal distributor	265
charge an Ohio's best Rx program participant the discounted price	266
for each covered drug as determined under section 5110.11 of the	267
Revised Code;	268

(C) Permit the participating terminal distributor to add to	269
the discounted price a professional fee in an amount not to	270
exceed, except as provided in rules adopted under section 5110.35	271
of the Revised Code, three dollars for each supply of a covered	272
drug of up to thirty days;	273

(D) Require the participating terminal distributor to	274
disclose to each participant the amount the participant saves	275
under the program as determined in accordance with section 5110.12	276
of the Revised Code;	277

(E) Prohibit the participating terminal distributor from	278
releasing proprietary information about a covered drug when	279
disclosing savings to a participant under division (D) of this	280
section;	281

(F) Permit the participating terminal distributor to submit a	282
claim to the department under section 5110.13 of the Revised Code	283
for payment from the department under section 5110.14 of the	284
Revised Code for charging a participant the discounted price.	285

Sec. 5110.11.  The discounted price for a covered drug that a	286
participating terminal distributor shall charge an Ohio's best Rx	287
program participant shall be determined by multiplying the number	288
of units of the covered drug that the distributor dispenses to the	289
participant by the amount computed under division (D) of section	290
5110.27 of the Revised Code for the covered drug's applicable	291
national drug code number.	292

Sec. 5110.12. The amount that an Ohio's best Rx program	293
participant saves under the program shall be determined as	294
follows:	295

(A) Subtract from the usual and customary charge for the	296
covered drug that the participating terminal distributor dispenses	297
to the participant the amount of the discounted price that the	298
distributor charges the participant for the covered drug as	299
determined under section 5110.11 of the Revised Code;	300

(B) Add to the difference calculated under division (A) of	301
this section the amount of the professional fee, if any, that the	302
distributor charges the participant pursuant to an agreement under	303
section 5110.10 of the Revised Code.	304

Sec. 5110.13.  To receive a payment from the department of	305
job and family services under section 5110.14 of the Revised Code	306
for charging an Ohio's best Rx program participant the discounted	307
price for a covered drug determined under section 5110.11 of the	308
Revised Code, a participating terminal distributor shall, not	309
later than thirty days after the sale, submit a claim to the	310
department in accordance with rules adopted under section 5110.35	311
of the Revised Code. The claim shall specify all of the following:	312

(A) The prescription number of the participant's prescription	313
under which the covered drug is dispensed to the participant;	314

(B) The name of, and national drug code number for, the	315
covered drug dispensed to the participant;	316

(C) The number of units of the covered drug dispensed to the	317
participant;	318

(D) The amount the distributor charged the participant for	319
the covered drug;	320

(E) The date that the distributor dispensed the covered drug	321
to the participant.	322

Sec. 5110.14. (A) In accordance with rules adopted under	323
section 5110.35 of the Revised Code, the department of job and	324
family services shall pay a participating terminal distributor for	325
complete and timely claims the distributor submits to the	326
department under section 5110.13 of the Revised Code. The amount	327
to be paid shall be determined as follows:	328

(1) Multiply the weighted average of the per unit rebates for	329
the covered drug's national drug code number for which the claim	330
is made, as computed under division (A) of section 5110.27 of the	331
Revised Code, by the number of units of the covered drug dispensed	332
to the Ohio's best Rx program participant.	333

(2) Subtract the proportionate administrative cost from the	334
sum calculated under division (A)(1) of this section.	335

(B) The department may combine claims from a participating	336
terminal distributor to make aggregate payments under this section	337
to the distributor.	338

Sec. 5110.15.  The department of job and family services may	339
not impose a transaction charge on a participating terminal	340
distributor that submits a claim to the department under section	341
5110.13 of the Revised Code.	342

Sec. 5110.16.  As used in this section, "transaction" means	343
the dispensing of a covered drug to an Ohio's best Rx program	344
participant at a discounted price determined under section 5110.11	345
of the Revised Code.	346

A participating terminal distributor that receives a payment	347
or rebate for a transaction from the manufacturer of a covered	348
drug shall not seek payment from the department of job and family	349
services under section 5110.14 of the Revised Code for the same	350
transaction.	351

Sec. 5110.20.  A drug manufacturer that manufactures one or	352
more drugs covered by a state health benefit plan may enter into	353
an agreement with the department of job and family services under	354
which the manufacturer agrees to participate in the Ohio's best Rx	355
program with respect to one or more of those drugs.	356

An agreement entered into under this section shall do all of	357
the following:	358

(A) Specify the amount of time the agreement is to be in	359
effect, which shall be not less than one year from the date the	360
agreement is entered into;	361

(B) Specify which of the manufacturer's drugs are included in	362
the agreement;	363

(C) Require that the manufacturer make a rebate payment to	364
the department for each drug that is included in the agreement and	365
dispensed to an Ohio's Rx program participant;	366

(D) Require that the rebate be in an amount equal to the	367
weighted average of the per unit rebates for the drug as computed	368
under division (A) of section 5110.27 of the Revised Code	369
multiplied by the number of units dispensed to the participant;	370

(E) Require that the manufacturer make the rebate payments to	371
the department on a quarterly basis or in accordance with a	372
schedule established by rules adopted under section 5110.35 of the	373
Revised Code;	374

(F) On submission by the manufacturer to the department of a	375
request that the department considers reasonable, permit the	376
manufacturer to audit claims submitted under section 5110.13 of	377
the Revised Code.	378

Sec. 5110.21.  The Ohio's best Rx program shall cover a drug	379
if an agreement for the drug is in effect pursuant to section	380
5110.20 of the Revised Code.	381

Sec. 5110.22.  If a drug manufacturer does not agree to enter	382
into an agreement with the department of job and family services	383
under section 5110.20 of the Revised Code with respect to a drug	384
it manufactures, the department of job and family services shall	385
ask the department of administrative services and each state	386
retirement system to determine whether the drug should be placed,	387
for the following plan year, on a state health benefit plan's	388
prior authorization list.	389

Additions made under this section to prior authorization	390
lists shall be made in accordance with state law and applicable	391
collectively bargained agreements.	392

Sec. 5110.23.  The name of a drug manufacturer that does not	393
enter into an agreement under section 5110.20 of the Revised Code	394
for a drug it manufactures that is covered by a state health	395
benefit plan, and the name of that drug, is a public record for	396
the purpose of section 149.43 of the Revised Code. The department	397
of job and family services shall distribute this information to	398
physicians, pharmacists, and other health professionals.	399

Sec. 5110.25.  In accordance with section 5110.26 of the	400
Revised Code and rules adopted under section 5110.35 of the	401
Revised Code, the department of administrative services and each	402
state retirement system shall submit the following information to	403
the department of job and family services for each state health	404
benefit plan they offer:	405

(A) The name of the plan;

406

(B) The number of individuals enrolled in the plan;

407

(C) The per unit price for each drug that is covered by the	408
plan and dispensed through means other than a mail order system;	409

(D) The weighted average of the per unit rebates for each	410
drug that is covered by the plan and dispensed through a mail	411
order system or means other than a mail order system.	412

Sec. 5110.26.  In submitting information about a drug under	413
section 5110.25 of the Revised Code, the department of	414
administrative services and each state retirement system shall do	415
all of the following:	416

(A) Compute and submit information separately for each of the	417
drug's national drug code numbers;	418

(B) Submit the per unit price information each month and	419
provide for the information to reflect the per unit price for the	420
previous month;	421

(C) Use the number of units for which a per unit rebate is	422
paid in determining the weighted average of the per unit rebates	423
for the drug under the plan;	424

(D) Submit the information regarding the weighted average of	425
the per unit rebates once a year and provide for the information	426
to reflect the weighted average for the previous calendar year.	427

Sec. 5110.27.  In accordance with section 5110.28 of the	428
Revised Code and rules adopted under section 5110.35 of the	429
Revised Code, the department of job and family services shall do	430
both of the following for each national drug code number of each	431
covered drug:	432

(A) Once each year, compute the total weighted average of the	433
per unit rebates submitted under division (D) of section 5110.25	434
of the Revised Code;	435

(B) Once each year, subtract the proportionate administrative	436
cost from the total weighted average of the per unit rebates	437
computed under division (A) of this section;	438

(C) Once each month, compute the weighted average of the per	439
unit prices submitted under division (C) of section 5110.25 of the	440
Revised Code;	441

(D) Once each month, subtract the amount computed under	442
division (B) of this section from the weighted average of the per	443
unit prices computed under division (C) of this section.	444

Sec. 5110.28.  The department of job and family services	445
shall use the number of individuals enrolled in each state health	446
benefits plan to compute, under division (A) of section 5110.27 of	447
the Revised Code, the total weighted average of the per unit	448
rebates for each national drug code number of a covered drug.	449

Sec. 5110.29.  The department of job and family services	450
shall report to each participating terminal distributor the	451
results of the department's computations under division (D) of	452
section 5110.27 of the Revised Code in a manner necessary for the	453
distributors to comply with section 5110.11 of the Revised Code.	454

Sec. 5110.32.  There is hereby created in the state treasury	455
the Ohio's best Rx program fund. The fund shall consist of both of	456
the following:	457

(A) Rebate payments made by participating manufacturers under	458
section 5110.20 of the Revised Code;	459

(B) Investment earnings of the fund.

460

Sec. 5110.33.  (A) The department of job and family services	461
shall use money in the Ohio's best Rx program fund to do both of	462
the following:	463

(1) Make payments to participating terminal distributors	464
under section 5110.14 of the Revised Code;	465

(2) Subject to division (B) of this section, pay the	466
administrative costs of the Ohio's best Rx program, including	467
costs associated with contracted services, computers, and the	468
Ohio's best Rx program council created under section 5110.45 of	469
the Revised Code.	470

(B) The department may use up to five percent of the money in	471
the Ohio's best Rx program fund that comes from rebate payments	472
made by participating manufacturers under section 5110.20 of the	473
Revised Code to pay administrative costs of the Ohio's best Rx	474
program. The department may use all of the money in the fund that	475
comes from the fund's investment earnings to pay administrative	476
costs of the program.	477

Sec. 5110.35.  The department of job and family services	478
shall adopt rules in accordance with Chapter 119. of the Revised	479
Code to implement the Ohio's best Rx program. The rules shall	480
provide for all of the following:	481

(A) For the purpose of section 5110.05 of the Revised Code,	482
the application process for the program and documentation to be	483
included with applications for the purpose of verifying	484
information provided in the applications;	485

(B) For the purpose of section 5110.07 of the Revised Code,	486
eligibility determination procedures;	487

(C) Subject to section 5110.351 of the Revised Code,	488
periodically increasing the maximum professional fee that	489
participating terminal distributors may charge Ohio's best Rx	490
program participants under section 5110.10 of the Revised Code;	491

(D) The method for participating terminal distributors to	492
submit claims to the department under section 5110.13 of the	493
Revised Code;	494

(E) The method for making payments to participating terminal	495
distributors under section 5110.14 of the Revised Code;	496

(F) Subject to section 5110.352 of the Revised Code, the	497
percentage that is to be subtracted as the proportionate	498
administrative cost from both of the following:	499

(1) For the purpose of division (A)(2) of section 5110.14 of	500
the Revised Code, the sum calculated under division (A)(1) of	501
section 5110.14 of the Revised Code;	502

(2) For the purpose of division (B) of section 5110.27 of the	503
Revised Code, the total weighted average of the per unit rebates	504
computed under division (A) of section 5110.27 of the Revised	505
Code.	506

(G) If the department determines it is best that	507
participating manufacturers make rebates under section 5110.20 of	508
the Revised Code on a basis other than quarterly, a schedule for	509
payment of the rebates;	510

(H) The process for the department of administrative services	511
and state retirement systems to submit the information required by	512
section 5110.25 of the Revised Code;	513

(I) Procedures for making computations under section 5110.27	514
of the Revised Code.	515

Sec. 5110.351.  As used in this section, "medicaid dispensing	516
fee" means the dispensing fee established under section 5111.08 of	517
the Revised Code for the medicaid program.	518

In adopting a rule under division (C) of section 5110.35 of	519
the Revised Code increasing the maximum amount of the professional	520
fee that participating terminal distributors may charge Ohio's	521
best Rx program participants under section 5110.10 of the Revised	522
Code, the department of job and family services shall not increase	523
the professional fee to an amount exceeding the medicaid	524
dispensing fee.	525

A participating terminal distributor may charge a maximum	526
three dollar professional fee for each supply of a covered drug of	527
up to thirty days regardless of whether the medicaid dispensing	528
fee for that covered drug is less than that amount. The	529
department, however, may not adopt a rule increasing the maximum	530
professional fee for that covered drug until the medicaid	531
dispensing fee for that covered drug exceeds that amount.	532

Sec. 5110.352.  The percentage to be specified in a rule	533
adopted under division (F) of section 5110.35 of the Revised Code	534
as the proportionate administrative cost shall be the same	535
percentage of the money in the Ohio's best Rx program fund coming	536
from rebate payments made by participating manufacturers under	537
section 5110.20 of the Revised Code that the department of job and	538
family services uses pursuant to division (B) of section 5110.33	539
of the Revised Code to pay for the program's administrative costs.	540

Sec. 5110.36.  Notwithstanding any provision of this chapter,	541
the department of job and family services may adopt rules in	542
accordance with Chapter 119. of the Revised Code to make	543
adjustments to the Ohio's best Rx program that the department	544
considers appropriate to conform the program to, or coordinate it	545
with, any federally funded prescription drug program created after	546
the effective date of this section.	547

Sec. 5110.37.  The department of job and family services	548
shall undertake outreach efforts to publicize the Ohio's best Rx	549
program and maximize participation in the program.	550

Sec. 5110.38.  The department of job and family services may	551
coordinate the Ohio's best Rx program with state health benefit	552
plans to enhance efficiency, reduce the cost of drugs, and	553
maximize the benefits of the Ohio's best Rx program and state	554
health benefit plans.	555

Sec. 5110.39.  Not later than April 1, 2005, the department	556
of job and family services shall do all of the following:	557

(A) Create a list of the twenty-five drugs most often	558
dispensed to Ohio's best Rx program participants under the	559
program, using data from the most recent six-month period for	560
which the data is available;	561

(B) Determine the average amount that participating terminal	562
distributors charge, on a date selected by the department,	563
participants for each drug included on the list created under	564
division (A) of this section;	565

(C) Determine, for the date selected for division (B) of this	566
section, the average usual and customary charge of participating	567
terminal distributors for each drug included on the list created	568
under division (A) of this section;	569

(D) By comparing the average charges determined under	570
divisions (B) and (C) of this section, determine the average	571
percentage savings in the amount participating terminal	572
distributors charge Ohio's best Rx program participants for each	573
drug included on the list created under division (A) of this	574
section.	575

Sec. 5110.45.  There is hereby created the Ohio's best Rx	576
program council. The council shall advise the department of job	577
and family services on the Ohio's best Rx program. The council may	578
initiate studies to determine whether there are more effective	579
ways to administer the program and provide the department with	580
suggestions for improvements.	581

None of the council's findings, recommendations, or studies	582
shall be released to any person or government entity without the	583
approval of at least a majority of the council's appointed	584
members.	585

Sec. 5110.46.  The Ohio's best Rx program council shall	586
consist of the following members:	587

(A) The president of the senate;

588

(B) The speaker of the house of representatives;

589

(C) The minority leader of the senate;

590

(D) The minority leader of the house of representatives;

591

(E) A representative of the Ohio chapter of the American	592
federation of labor-congress of industrial organizations,	593
appointed by the governor from a list of names submitted to the	594
governor by that organization;	595

(F) A representative of the Ohio chapter of the American	596
association of retired persons, appointed by the governor from a	597
list of names submitted to the governor by that organization;	598

(G) A representative of a disability advocacy organization	599
located in the state of Ohio, appointed by the governor from a	600
list of names submitted to the governor by disability advocacy	601
organizations located in the state of Ohio;	602

(H) A representative of the Ohio chapter of the united way,	603
appointed by the governor from a list of names submitted to the	604
governor by that organization;	605

(I) A representative of the Ohio alliance of retired	606
Americans, appointed by the governor from a list of names	607
submitted to the governor by that organization;	608

(J) Three representatives of research-based drug	609
manufacturers, appointed by the governor from a list of names	610
submitted to the governor by the pharmaceutical research and	611
manufacturers of America.	612

Sec. 5110.47.  The governor shall make initial appointments	613
to the Ohio's best Rx program council not later than thirty days	614
after the effective date of this section. The members appointed by	615
the governor shall serve at the pleasure of the governor. If an	616
appointed member's seat becomes vacant, the governor shall fill	617
the vacancy not later than thirty days after the vacancy occurs	618
and in the manner provided for the initial appointment.	619

Sec. 5110.48.  The president of the senate and speaker of the	620
house of representatives shall serve as co-chairs of the Ohio's	621
best Rx program council.	622

The president of the senate, the minority leader of the	623
senate, the speaker of the house of representatives, and the	624
minority leader of the house of representatives may not appoint	625
designees to serve in their places on the council, unless the	626
official becomes incapacitated.	627

Sec. 5110.49.  Members of the Ohio's best Rx program council	628
shall serve without compensation and shall not be reimbursed for	629
any expenses associated with their duties on the council.	630

Sec. 5110.50. Sections 101.82 to 101.87 of the Revised Code	631
do not apply to the Ohio's best Rx program council.	632

Sec. 5110.55.  Information transmitted by or to any of the	633
following for any purpose related to the Ohio's best Rx program is	634
confidential to the extent required by federal and state law:	635

(A) Drug manufacturers;

636

(B) Terminal distributors of dangerous drugs;

637

(C) The department of job and family services;

638

(D) The department of administrative services;

639

(E) The state retirement systems;

640

(F) The state health benefit plans;

641

(G) Ohio's best Rx program participants;

642

(H) Any other government entity or person.

643

Sec. 5110.56.  (A) Except as provided by section 5110.57 of	644
the Revised Code, all of the following are trade secrets, as	645
defined in section 1333.61 of the Revised Code, not public records	646
for the purposes of section 149.43 of the Revised Code, and shall	647
not be used, released, published, or disclosed in a form that	648
reveals a specific drug or the identity of a drug manufacturer:	649

(1) Information disclosed in an agreement entered into under	650
section 5110.10 of the Revised Code or in communications related	651
to such an agreement;	652

(2) Information disclosed in an agreement entered into under	653
section 5110.20 of the Revised Code or in communications related	654
to such an agreement;	655

(3) Information that the department of administrative	656
services and state retirement systems submit to the department of	657
job and family services under divisions (C) and (D) of section	658
5110.25 of the Revised Code;	659

(4) The amounts computed under divisions (A) and (C) of	660
section 5110.27 of the Revised Code;	661

(5) The amounts determined under divisions (B) and (C) of	662
section 5110.39 of the Revised Code.	663

(B) No person or government entity shall use or reveal any	664
information specified in division (A) of this section except as	665
required for the implementation of this chapter.	666

Sec. 5110.57.  Sections 5110.55 and 5110.56 of the Revised	667
Code shall not preclude the department of job and family services	668
from disclosing information necessary for the implementation of	669
this chapter.	670

Section 2. That existing section 2921.13 of the Revised Code	671
is hereby repealed.	672