760 IAC 5-3-1 Applicability

Sec. 1. This rule does not apply to an audit that involves probable or potential fraud or willful misrepresentation by a pharmacy or pharmacist. This rule does not: (1) preclude an entity from instituting an action for fraud against a pharmacy; (2) apply to an audit of pharmacy records when fraud or other intentional and willful misrepresentation is evidenced by physical review, review of claims data or statements, or other investigative methods; or (3) apply to a state agency that is conducting audits or a person that has contracted with a state agency to conduct audits of pharmacy records.