Ohio Require PBM Licensing for Resident and Nonresidents
Effective June 30, 2026, Ohio will be requiring residents and nonresidents to be a pharmacy benefit manager (PBM) licensed to solicit a plan or plan sponsor that is domiciled in Ohio or has its principal headquarters or principal administrative office in Ohio to act as a PBM.
- Pharmacy benefit manager means an entity that contracts with pharmacies on behalf of an employer, a multiple-employer welfare arrangement, public employee benefit plan, state agency, insurer, managed care organization, or other third-party payer to provide claims processing services, pharmacy benefit management services or administration, or other prescription drug or device services.
- Pharmacy benefit manager includes the state pharmacy benefit manager selected under OH ST § 5167.24.
- A pharmacy benefit manager (PBM) must be licensed to solicit a plan or plan sponsor that is domiciled in Ohio or has its principal headquarters or principal administrative office in Ohio to act as a PBM.
- No person may provide pharmacy benefit management services unless licensed.
- No person may solicit a plan, act as a PBM, or otherwise provide pharmacy benefit management services while the PBM license is expired.
- A PBM license applicant must:
- Submit the required license application, including evidence satisfactory to the Superintendent that the applicant meets the requirements in (c) and (d) below;
- Pay the license fee;
- If an individual:
- Be at least 18 years old;
- Not have been previously convicted of a financially related felony;
- Not have committed any act that is grounds for PBM license denial, suspension, or revocation;
- Consent to a criminal records check (with results satisfactory to the Superintendent);
- Provide proof of U.S. citizenship or proof of legal authorization to work in the U.S.; and
- Provide any additional information or documents required by the Superintendent; and
- If a business entity:
- Be domiciled or maintain its principal place of business in Ohio, as evidenced by a certificate of good standing issued by the Secretary of State;
- Identify all officers, directors, partners, or members of the business entity and identify any owners or members that hold 5% or more ownership in the entity;
- Identify an officer, director, partner, or member responsible for the entity's compliance with PBM statutes;
- Not have been, and not have any officer, director, partner, or member that has been, previously convicted of a financially related felony;
- Not have committed, and not have any officer, director, partner, or member that has committed, any act that is grounds for PBM license denial, suspension, or revocation; and
- Provide any additional information or documents requested by the Superintendent.
- The Superintendent must approve or deny a license application within a reasonable time after receipt.
- Within 30 days after denying a license application, the Superintendent must notify the applicant of:
- The denial;
- Reasons for denial; and
- The right to a hearing within 30 days of receiving the notice.
- Upon approval of the application and receiving payment of the license fee, the Superintendent must grant the PBM license.
- The initial PBM license is effective on the application approval date and expires annually on June 30.
- If the initial license is approved in May or June, the license expires on June 30 of the following year.
- The Superintendent must provide a renewal notice to each licensee by May 1.
- To renew a license, a PBM must:
- Submit a renewal application; and
- Pay the license renewal fee.
- A licensee must not apply for license renewal more than 90 days before the license expiration date.
- The license will expire on the expiration date if the PBM does not apply for renewal and pay the renewal fee by the deadline.
- A PBM may reinstate an expired license by paying a fee of 1.5 times the regular renewal fee.
- A PBM must notify the Superintendent if the PBM, or any owner of the PBM, is subject to administrative action by a governmental entity having professional, occupational, or financial authority in Ohio or another state while the PBM holds a license under Chapter 3957. The notice must be provided within 30 days after the entry date of the final disposition of the matter and must include:
- A copy of the order;
- Consent order; or
- Any other relevant documents related to the matter.
- A PBM must notify the Superintendent of any criminal prosecution of the PBM, or any owner of the PBM, in Ohio or another state, other than a misdemeanor traffic offense, while the PBM holds a PBM license.
- The notice must:
- Be provided within 30 days after the person's initial appearance before a judge or magistrate; and
- Include a certified copy of the charging document.
- Within 30 days after final disposition of the criminal prosecution, the PBM must provide the Superintendent with:
- A certified copy of the court's entry or order that reflects the final disposition of the prosecution; and
- Any other relevant documents related to the prosecution.
Please see the attachment for more information.
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