{"data":{"id":"us-ks/k.s.a.-65-16-123","jurisdiction":"us-ks","citation":"K.S.A. 65-16,123","heading":"Same; procedural requirements.","body":"(a) The entity conducting the audit shall follow the following procedures:\n(1) An entity conducting an on-site audit must give the pharmacy at least seven days written notice before conducting an initial audit;\n(2) an audit that involves clinical or professional judgment must be conducted by or in consultation with a licensed pharmacist;\n(3) the period covered by the audit may not exceed two years from the date that the claim was submitted to or adjudicated by the entity;\n(4) the pharmacy may request an extension not to exceed seven days from the date of an originally scheduled on-site audit;\n(5) the pharmacy may use the records of a hospital, physician or other authorized practitioner to validate the pharmacy record;\n(6) any legal prescription, in compliance with the requirements of the state board of pharmacy, may be used to validate claims in connection with prescriptions, refills or changes in prescriptions;\n(7) each pharmacy shall be audited under the same standards and parameters as other similarly situated pharmacies; and\n(8) the entity conducting the audit must establish a written appeals process.\n(b) The entity conducting the audit shall also comply with the following requirements:\n(1) A finding of overpayment or underpayment must be based on the actual overpayment or underpayment and not a projection based on the number of patients served having a similar diagnosis or on the number of similar orders or refills for similar drugs;\n(2) the entity conducting the audit shall not use extrapolation in calculating the recoupments or penalties for audits, unless required by state or federal contracts;\n(3) the auditing company or agent may not receive payment based on a percentage of the amount recovered, unless required by contracts; and\n(4) interest may not accrue during the audit period.\n(c) This section shall take effect on and after July 1, 2011.","path":["Chapter 65.—PUBLIC HEALTH","Article 16.—REGULATION OF PHARMACISTS"],"source_url":"https://www.ksrevisor.gov/statutes/chapters/ch65/065_016_0123.html","current_through":"2025 legislative session","vintage":"","retrieved_at":"2026-10-15T06:23:21Z","sha256":"03f5a4dd4468bd12fb7caf94ca24bfc8e7279ed799460a3de319ec27fbb8b0f0","source_id":"us-ks","stale":false,"prev":"us-ks/k.s.a.-65-16-122","next":"us-ks/k.s.a.-65-16-124"},"notice":"GroundRules: Original legal text. Not legal advice."}