SECTION 1. Chapter 32A of the General Laws is hereby by amended, at the end thereof, the following new section:-
Section 17K. Any person who is dispensed a non-formulary or non-preferred brand name prescription drug, as determined under a pharmaceutical drug program established by the commission or through a pharmacy benefit manager contracted by the commission, may appeal that determination to the commission, and upon the submission of a statement by the person’s physician that, due to a medical necessity, only the non-formulary or non-preferred brand name prescription drug can be dispensed, the person shall pay for the drug at the same rate required for the formulary or preferred brand name prescription drugs under such pharmaceutical drug program.
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