To amend section 2921.13 and to enact sections 5110.01, 5110.02, 5110.04, 5110.05, 5110.06, 5110.07, 5110.10, 5110.11, 5110.12, 5110.13, 5110.14, 5110.15, 5110.16, 5110.20, 5110.21, 5110.22, 5110.23, 5110.25, 5110.26, 5110.27, 5110.28, 5110.29, 5110.32, 5110.33, 5110.35, 5110.351, 5110.352, 5110.36, 5110.37, 5110.38, 5110.39, 5110.45, 5110.46, 5110.47, 5110.48, 5110.49, 5110.50, 5110.55, 5110.56, and 5110.57 of the Revised Code to create the Ohio's Best Rx Program.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) Whoever violates division (A)(9) of this section is guilty of falsification in a theft offense. Except as otherwise provided in this division, falsification in a theft offense is a misdemeanor of the first degree. If the value of the property or services stolen is five hundred dollars or more and is less than five thousand dollars, falsification in a theft offense is a felony of the fifth degree. If the value of the property or services stolen is five thousand dollars or more and is less than one hundred thousand dollars, falsification in a theft offense is a felony of the fourth degree. If the value of the property or services stolen is one hundred thousand dollars or more, falsification in a theft offense is a felony of the third degree.

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

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

Sec. 5110.01.  As used in this chapter:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(a) A third-party payer;

(b) The medicaid program;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(A) The name of the plan;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(B) Investment earnings of the fund.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(A) The president of the senate;

(B) The speaker of the house of representatives;

(C) The minority leader of the senate;

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

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

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

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

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

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

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

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

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

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

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

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

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

(A) Drug manufacturers;

(B) Terminal distributors of dangerous drugs;

(C) The department of job and family services;

(D) The department of administrative services;

(E) The state retirement systems;

(F) The state health benefit plans;

(G) Ohio's best Rx program participants;

(H) Any other government entity or person.

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

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

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

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

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

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

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

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

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