PUBLIC LAW 106-65 —OCT. 5, 1999 113 STAT. 679 "(2) Not later than 90 days after the establishment of the Deadline. Pharmacy and Therapeutics Committee by the Secretary, the committee shall convene to design a proposed uniform formulary for submission to the Secretary. After such 90-day period, the committee shall meet at least quarterly and shall, during meetings, consider for inclusion on the uniform formulary under the standards established in subsection (a) any drugs newly approved by the Food and Drug Administration. "(c) ADVISORY PANEL.— (1) Concurrent with the establishment Establishment. of the Pharmacy and Therapeutics Committee under subsection (b), the Secretary shall establish a Uniform Formulary Beneficiary Advisory Panel to review sind comment on the development of the uniform formulary. The Secretary shall consider the comments of the panel before implementing the uniform formulary or implementing changes to the uniform formulary. "(2) The Secretary shall determine the size and membership of the panel established under paragraph (1), which shall include members that represent nongovernmental organizations £m,d associations that represent the views and interests of a large number of eligible covered beneficiaries. "(d) PROCEDURES.—(1) In the operation of the pharmacy benefits program under subsection (a), the Secretary of Defense shall assure through management and new contractual arrangements that financial resources are aligned such that the cost of prescriptions is borne by the orgsinization that is financially responsible for the health care of the eligible covered beneficiary. "(2) Not later than 6 months after the date of the enactment Deadline, of this section, the Secretary shall utilize a modification to the bid price adjustment methodology in the current managed care support contracts to ensure equitable and timely reimbursement to the TRICARE managed care support contractors for pharmaceutical products delivered in the nonmilitary environments. The methodology shall take into account the "at-risk" nature of the contracts as well as managed care support contractor pharmacy costs attributable to changes to pharmacy service or formulary management at military medicsJ treatment facilities, sind other military activities and policies that affect costs of pharmacy benefits provided through the Civilian Health and Medical Program of the Uniformed Services. The methodology shall also account for military treatment facility costs attributable to the delivery of pharmaceutical products in the military facility environment which were prescribed by a network provider. "(e) PHARMACY DATA TRANSACTION SERVICE. —Not later than Deadline. April 1, 2000, the Secretary of Defense shall implement the use of the Pharmacy Data Transaction Service in all fixed facilities of the uniformed services under the jurisdiction of the Secretary, the TRICARE retail pharmacy program, and the national mailorder pharmacy program. " (f) DEFINITIONS. —As used in this section— "(1) the term 'eligible covered beneficiary* means a covered beneficiary for whom eligibility to receive pharmacy benefits through the means described in subsection (a)(2)(E) is established under this chapter or another provision of law; and "(2) the term 'pharmaceutical agent' means drugs, biological products, and medical devices under the regulatory authority of the Food and Drug Administration.
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