SHB 2473 -
By Representative Bailey
Beginning on page 4, line 36, after "(9)" strike all material
through "contract." on page 5, line 3, and insert "The covered entity
may have the pharmacy benefits manager's books and records audited to
the extent the information relates directly or indirectly to the
covered entity's contract. The audit must be conducted in accordance
with the terms of the pharmacy benefits management services contract
between the parties. If the parties have not expressly provided for
audit rights and the pharmacy benefits manager has advised the covered
entity that other reasonable options are available and subject to
negotiation, the covered entity may have the books and records audited
as follows:
(a) Audits may be conducted no more than once in each twelve-month
period upon at least thirty business days' written notice to the
pharmacy benefits manager;
(b) The covered entity and the pharmacy benefits manager must
mutually select an independent firm to conduct the audit, and the
independent firm must sign a confidentiality agreement with the covered
entity and the pharmacy benefits manager ensuring that all information
obtained during the audit will be treated as confidential. The firm
may not use, disclose, or otherwise reveal any information in any
manner or form to any person or entity except as otherwise permitted
under the confidentiality agreement. The covered entity must treat all
information obtained as a result of the audit as confidential, and may
not use or disclose the information except as is otherwise permitted
under the terms of the contract between the covered entity and the
pharmacy benefits manager or if ordered by a court of competent
jurisdiction for good cause shown; and
(c) Audits must be conducted at the pharmacy benefits manager's
office where the records are located, during normal business hours,
without undue interference with the pharmacy benefits manager's
business activities, and in accordance with reasonable audit
procedures."