Pharmacy MAC Rights

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Utah PBM MAC rights

Statute Utah Code § 31A-46-303, as amended by HB 527 (2026)

Can you demand the MAC list?
Yes, on request — "(i) is electronic; (ii) is computer accessible and searchable; (iii) identifies all drugs for which MACs have been established; and (iv) for each drug specifies: (A) the national drug code; and (B) the maximum allowable cost"

Whether the statute gives a pharmacy a right to see the list of drugs priced off maximum allowable cost.

What format must it be in?
Electronic + computer accessible + searchable, NDC-level

Some states require it to be electronic and searchable. Most say nothing, which in practice means a PDF.

How often must prices update?
review and adjust at least once per week

A demonstrably staler list is itself a violation in most states.

How long do you have to appeal?
21 days (ADJ) — "limited to 21 days following the initial claim adjudication"

Read the trigger carefully. A clock running from adjudication is much shorter in practice than one running from payment.

How fast must they answer?
14 b.d.
What must a denial tell you?
NDC of a drug purchasable at/below the PBM's price, plus (new in 2026) "the specific basis upon which the PBM can show that the drug is available for purchase at or below the MAC"; no named wholesaler (the 3rd Substitute would have required one; it did not survive)

The strongest provision in this area. A named drug code, and better a named wholesaler, is a claim you can check against your own catalogue.

Does winning fix it for everyone?
No — appellant gets an adjustment and reverse-and-rebill; the PBM need only "consider additional action consistent with the outcome of the appeal"

In a few states a successful appeal corrects the price for every similarly situated pharmacy, sometimes retroactively.

What are the penalties?
not more than $2,500 for each violation; each day the violation continues is a separate violation (§ 31A-46-401, rewritten by HB 527)

The weakest column in our data. Several are marked unverified rather than guessed at.

Who enforces it?
Insurance Commissioner
Enacted / last amended
2020 (HB 272); am. 2026 (HB 527 = Ch. 208, 2026 Gen. Sess., eff. 6 May 2026). Double-verified: the enrolled bill and the codified section were read independently and match word for word (codified § 31A-46-303, eff. 5/6/2026 · codified § 31A-46-401 · enrolled HB 527)

Work out your actual deadline

Utah gives you 21 days. The date that clock starts from is the part people get wrong, and it is usually earlier than they assume. Put your claim date in and get the calendar date back.

Calculate my deadline

Before you rely on a deadline, know which plan is behind the claim

State MAC rights are strongest on commercial claims — individual plans, fully insured employer plans, and in many states the state employee plan. For self-funded employer plans they stand, because the Supreme Court's 2020 Rutledge decision specifically upheld MAC update and appeal mandates.

Medicare Part D is the real problem. Federal law expressly supersedes state regulation of Part D plans, two federal circuits apply that rule at very different levels of generality, and in Arkansas a federal court entered final judgment that the state MAC law is preempted as to Part D. Part D is roughly a quarter of a typical independent's volume, so this is not a footnote.

Medicaid depends entirely on your own state's statute — some exempt it by name, some cover it by name, most are silent. TRICARE and federal-employee claims should be treated as outside these rights.

What to do with this

  1. Check your own contract first. In most states it has to name the pricing sources the PBM uses. That is a document you already have.
  2. Ask for the list. There is a free template here. No state publishes one, so we wrote it.
  3. Send it to the right place. Sixty-odd licensed PBMs collapse to about eight actual appeal endpoints. Here is where each one goes.
  4. Tell us what happened. Nobody publishes whether these duties are actually honoured. Two minutes, and it becomes public data.

Sources

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