Title: Section 85.24 - Definitions

Prescribed Drugs In the Medicaid Program

85.24 Definitions. As used in the sections under the heading "prescription drugs" in the Medicaid program (section 85.25 et seq. of this Part), unless the context otherwise requires:

(a) Prescription drug means a drug, commonly referred to as a legend drug, which is sold by a pharmacy to the general public, is paid for directly under the medical assistance program, and for which a prescription is required by applicable Federal and/or State laws or regulations, and does not mean a drug provided on an inpatient basis in a medical facility when such drug is included and reimbursed as part of the all-inclusive rate.

(b) Fiscal order means a medical order to provide a nonprescription drug, for which a prescription is not required by law or regulation.

(c) Medical assistance program means the New York State medical assistance to the needy program (Medicaid) authorized by article 5 of title 11 of the Social Services Law.

(d) Commissioner means the Commissioner of Health of the State of New York.

(e) Standards of quality means, as a minimum, conformance with standards in the United States Pharmacopeia and National Formulary where applicable. All drugs dispensed shall be those distributed by marketers with approved New Drug Applications or Abbreviated New Drug Applications on file with the Food and Drug Administration.

(f) Ad hoc technical pharmacy advisory committee means the committee established by the commissioner to advise and to make recommendations concerning standards, rules, regulations and guidelines needed to implement legally mandatory drug programs, including provisions pertaining to drugs under this Part.