N.M. Stat. § 27-2-12.21
Medical assistance; pharmacy benefits; prescription
synchronization.
A. In accordance with federal law, the secretary shall adopt and promulgate rules
that allow a recipient to fill or refill a prescription for less than a thirty-day supply of a
prescription drug and apply a prorated daily copayment or coinsurance, if applicable, for
the fill or refill, if:
(1)
the prescribing practitioner or the pharmacist determines the fill or refill to
be in the best interest of the patient;
(2)
the recipient requests or agrees to receive less than a thirty-day supply of
the prescription drug; and
(3)
the reduced fill or refill is made for the purpose of synchronizing the
recipient's prescription drug fills.
B. Medical assistance coverage shall not:
(1)
deny coverage for the filling of a chronic medication when the fill is made
in accordance with a plan to synchronize multiple prescriptions for the recipient
pursuant to Subsection A of this section established among the department or the
recipient's managed care plan, the prescribing practitioner and a pharmacist. The
medical assistance coverage shall allow a pharmacy to override any denial indicating
that a prescription is being refilled too soon for the purposes of medication
synchronization; and
(2)
prorate a dispensing fee to a pharmacy that fills a prescription with less
than a thirty-day supply of prescription drug pursuant to Subsection A of this section.
The medical assistance coverage shall pay in full a dispensing fee for a partially filled or
refilled prescription for each prescription dispensed, regardless of any prorated
copayment or coinsurance that the recipient may pay for prescription synchronization
services.