Section 26-4-142. Definitions

   As used in this article, the term:

   (1) "Administrator" means that person, corporation, or business entity which administers a program, is legally liable for any payments to a participating pharmacy under a program, or both.

   (2) "Commissioner" means the Commissioner of Insurance.

   (3) "Contract" means a program contract.

   (4) "Enrollee" means a consumer who receives pharmaceuticals under a program.

   (5) "Participating pharmacy" means a pharmacy having a contract to provide pharmaceuticals to enrollees under a program.

   (6) "Pharmaceuticals" means drugs, devices, or services available from a pharmacy.

   (7) "Prevailing rate" means the average wholesale price of the pharmaceutical during the applicable period, plus the usual, customary, and reasonable dispensing fee added thereto, provided that in no event shall the amount submitted for reimbursement by a pharmacy under this article exceed the eighty-fifth percentile of the retail prices charged by all pharmacies in Georgia for the same or similar pharmaceuticals during such period of time or the actual price charged by the submitting pharmacy to consumers, other than enrollees, for the same or similar pharmaceuticals during such period of time, whichever is less.

   (8) "Program" means a third-party prescription program.

   (9) "Program contract" means that contract creating rights and obligations between a participating pharmacy and a program or administrator.

   (10) "Program identification card" means a document which identifies enrollees as participants in a program.

   (11) "Third-party prescription program" means any system of providing payments or reimbursement of payments made for pharmaceuticals pursuant to a contract between a pharmacy and another party, including insurance companies and administrators of programs, who are not consumers of the pharmaceuticals under that contract and shall include, without being limited to, insurance plans whereby an enrollee receives pharmaceuticals which are paid for by insurance companies or administrators, or by an agent of his employer, or by others.

Code 1981, § 26-4-142, enacted by Ga. L. 1998, p. 686, § 1.