Section 120970 Of Chapter 6. Human Immunodeficiency Virus (hiv) Treatment From California Health And Safety Code >> Division 105. >> Part 4. >> Chapter 6.
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. In the event the department utilizes a contractor or
subcontractor to administer any aspect of the program provided for
under this chapter, the following additional client assistance
provisions shall apply:
(a) The contractor shall, either directly or through subcontracted
pharmacy outlets, obtain and dispense the necessary drugs, in their
approved forms according to the program formulary, and shall comply
with all applicable provisions of the California Pharmacy Law
(Chapter 9 (commencing with Section 4000) of Division 2 of the
Business and Professions Code) and regulations adopted thereunder.
(b) Upon receipt of notification by the department, the contractor
shall be able to accommodate additions or changes in the formulary
within 10 business days.
(c) Clients shall receive drugs from a participating pharmacy
either directly, through the client's designated representative, or
mailed or delivered to the client's place of residence by the
contractor or subcontractor, whichever the client prefers. Proof of
delivery of the prescription to the client's designated address, by
signature acknowledging receipt thereof, shall be required for all
mail order prescriptions.
(d) Clients shall have their prescriptions filled within 24 hours
of submission of prescription requests, and mail order prescriptions
shall be shipped by the contractor within 48 hours of receipt of
client prescription requests.
(e) The contractor shall provide 24-hour free telephone and fax
machine access for physicians and surgeons, or medical care providers
as authorized under state law, to call in or transmit prescriptions
for mail order pharmacy.
(f) Clients shall have toll-free telephone access during business
hours to speak with licensed pharmacists for medication counseling
and for mail order prescription requests. The contractor shall
provide consultation in the prevention of potentially harmful drug
interactions in connection with prescriptions filled for clients.
(g) The contractor shall have the ability to subcontract with any
willing provider, including independent and sole proprietorship
pharmacies, provided the subcontractor accepts the rates offered by
the contractor, supplies the contractor with timely information, and
complies with necessary contract terms and conditions and other needs
of the program as determined by the contractor or the department.
(h) It is the intent of the Legislature that the contractor
subcontract with all willing providers accepting the terms and
conditions provided for in subdivisions (a) to (g), inclusive, in
order to facilitate continuity of care for clients under this
chapter.
(i) All types of information, whether written or oral, concerning
a client, made or kept in connection with the administration of this
program shall be confidential, and shall not be used or disclosed
except for purposes directly connected with the administration of the
program.
(j) Information regarding program policies and procedures,
including enrollment procedures, eligibility guidelines, and lists of
drugs covered, shall be made available to clients in appropriate
literacy levels in English, Spanish, Mandarin/Cantonese, Tagalog, and
in other languages, as determined by the department.
(k) The contractor shall develop and maintain a timely and
accessible grievance procedure for clients to resolve problems
regarding all components of the delivery of drugs under this chapter.