Network requirements; annual report; review of a network; confidential information and data

Sec. 14. (a) An insurer, a pharmacy benefit manager, or any other administrator of pharmacy benefits that utilizes a network to provide pharmacy or pharmacist services under a health plan shall ensure that the network is reasonably adequate and accessible with respect to the provision of pharmacy or pharmacist services. (b) A reasonably adequate and accessible network with respect to the provision of pharmacy or pharmacist services must, at a minimum: (1) offer an adequate number of accessible pharmacies that are not mail order pharmacies; and (2) provide convenient access to pharmacies that are not mail order pharmacies within a reasonable distance of not more than thirty (30) miles from each insured's residence, to the extent that pharmacy or pharmacist services are available. (c) An insurer, a pharmacy benefit manager, and any other administrator of pharmacy benefits shall file an annual report with the commissioner in a manner and form prescribed by the commissioner. The annual report must describe the networks of the insurer, pharmacy benefit manager, or other administrator that are utilized for the provision of pharmacy or pharmacist services under a health plan. (d) The commissioner shall review each network reported under subsection (c) to ensure that the network complies with this section. (e) All information and data acquired by the department under this section that is generally recognized as confidential or proprietary is confidential for the purposes of IC 5-14-3-4 and may not be disclosed by the department. However, the department may publicly disclose aggregated information that is not descriptive of any readily identifiable person or entity.