{"data":{"id":"us-mt/39-71-727","jurisdiction":"us-mt","citation":"39-71-727","heading":"Payment for prescription drugs -- limitations.","body":"(1) For payment of prescription drugs, an insurer is liable only for the purchase of generic-name drugs if the generic-name product is the therapeutic equivalent of the brand-name drug prescribed by the physician, unless the generic-name drug is unavailable.\n(2) If an injured worker prefers a brand-name drug, the worker may pay directly to the pharmacist the difference in the reimbursement rate between the brand-name drug and the generic-name product, and the pharmacist may bill the insurer only for the reimbursement rate of the generic-name drug.\n(3) The pharmacist may bill only for the cost of the generic-name product on a signed itemized billing, except if purchase of the brand-name drug is allowed as provided in subsection (1).\n(4) When billing for a brand-name drug, the pharmacist shall certify that the generic-name drug was unavailable.\n(5) The department shall establish a schedule of fees for prescription drugs.\n(6) Except as provided in subsection (8), a pharmacist may not dispense more than a 30-day supply at any one time.\n(7) For purposes of this section, the terms \"brand name\" and \"generic name\" have the meanings provided in 37-7-502.\n(8) An insurer may not require a worker receiving benefits under this chapter to obtain medications from an out-of-state mail order pharmacy. However, an insurer may authorize up to a 90-day supply of medications from an in-state mail order pharmacy.\n(9) The provisions of this section do not apply to an agreement between a preferred provider organization and an insurer.","path":["TITLE 39. LABOR","CHAPTER 71. WORKERS' COMPENSATION","Part 7. Compensation and Benefits Generally"],"source_url":"https://mca.legmt.gov/bills/mca/title_0390/chapter_0710/part_0070/section_0270/0390-0710-0070-0270.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:54:40Z","sha256":"6e653daa3847acab5bc7683293e5a63f8d7fbbfa30f7db210c1a305103349af5","source_id":"us-mt","stale":false,"prev":"us-mt/39-71-726","next":"us-mt/39-71-728"},"notice":"GroundRules: Original legal text. Not legal advice."}