N.M. Stat. § 27-2-12.34
Community-based pharmacy reimbursement.
A. Each managed care organization that contracts with the department shall ensure
that community-based pharmacy providers that provide services to medicaid recipients
are reimbursed as follows:
(1)
for the ingredient cost of a 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 drug
is administered or dispensed, or if data for the national average drug acquisition is
unavailable, the wholesale acquisition cost of the 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. By January 1, 2025, and annually thereafter, the department shall compile a list
of all community-based pharmacy providers in the state and publish the list on the
department's website.
D. 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)
"managed care organization" means a person or entity eligible to enter
into risk-based prepaid capitation agreements with the department to provide health
care and related services;
(4)
"medicaid" means the medical assistance program established pursuant
to Title 19 of the federal Social Security Act and regulations issued pursuant to that act;
(5)
"medicaid recipient" means a person whom the department has
determined to be eligible to receive medicaid-related services;
(6)
"national average drug acquisition cost" means the national average of
prices at which pharmacies purchase a prescription drug from manufacturers or
wholesalers; and
(7)
"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.