PRIOR APPROVAL OF AND PHARMACY PROVIDER ACCESS TO CERTAIN COMMUNICATIONS WITH CERTAIN RECIPIENTS AND ENROLLEES

(a) This section applies to: (1) the vendor drug program for Medicaid and the child health plan program; (2) the kidney health care program; (3) the children with special health care needs program; and (4) any other state program the commission administers that provides prescription drug benefits. (b) A managed care organization, including a health maintenance organization, or a pharmacy benefit manager, that administers claims for prescription drug benefits under a program to which this section applies shall, at least 10 days before the date the organization or pharmacy benefit manager intends to deliver a communication to recipients or enrollees collectively under a program: (1) submit a copy of the communication to the commission for approval; and (2) if applicable, allow the pharmacy providers of the recipients or enrollees who are to receive the communication access to the communication.