2019-842 Health - Walgreens drug dispense

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aegvw� made against Covered Entity and Walgreens . In addition , Covered Entity will use commercially reasonable efforts to ensure the Supplier complies with the applicable rules and regulations as promulgated by the U . S . Food and Drug Administration , and any other applicable federal , state and local laws and regulations in effect as of the Effective Date of this Agreement or as enacted or adopted during the term hereof, with respect to title and transfers thereof to the merchandise . 4 . WALGREENS' SERVICES AND RESPONSIBILITIES 4 . 1 . 340B Pharmacy Services . Upon receipt of an Authorization , Walgreens shall render to Eligible Patients all professional advice and comprehensive pharmacy services customarily provided by it to its patients or as otherwise required by law ( " 340B Pharmacy Services " ) . Eligible Patients may receive 340B Pharmacy Services from any Pharmacy Location as requested by the Eligible Patient , subject to Private Insurer benefit and coverage information and Walgreens ' customary business practice . Walgreens agrees to render 340B Pharmacy Services as herein provided in accordance with the rules and regulations of the applicable State Board of Pharmacy and all applicable federal laws and regulations . It is expressly understood that relations between an Eligible Patient and Walgreens shall be subject to the rules , limitations , and privileges incident to the pharmacy - patient relationship . Walgreens shall be solely responsible , without interference from Covered Entity or its agents , to said Eligible Patient for pharmaceutical advice and service , including the right to refuse to serve any individual where such service would violate pharmacy ethics or any pharmacy laws or regulations . 4 . 2 . Withholding of Walgreens Services . Notwithstanding any provision to the contrary, Covered Entity acknowledges and agrees that Walgreens may withhold dispensing of a 340B Drug to an Eligible Patient for good cause , including but not necessarily limited to , the Eligible Patient ' s failure to pay for services rendered ( e . g . , patient payment responsibility amounts ) ; requests by Eligible Patient for quantities of drugs in excess of prescribed quantities or refill limitations ; or where , in the professional judgment of the dispensing pharmacist , the prescription should not be filled . 4 . 3 . Inventory Maintenance Services . Walgreens shall provide the 340B Drug inventory maintenance services set forth herein with respect to Covered Entity ( " Inventory Maintenance Services " ) . Each 340B Drug shall be dispensed from a Pharmacy Location ' s customarily maintained non - 34013 - priced inventory at the 340B price and shall be replenished with 34013 - priced inventory with the same NDC - 11 as the drug dispensed . The Inventory Maintenance Services provided by Walgreens hereunder will include the following . 4 . 3 . 1 . In accordance with Section 3 . 3 of this Agreement , including sub - parts , for each 340B Drug that reaches depletion at a full package size , Walgreens will order 340B Drugs from the Supplier on behalf of the applicable Covered Entity Location in order to replenish the 340B Drugs dispensed to Eligible Patients by Walgreens . 4 . 3 . 2 . Covered Entity will reimburse Walgreens the Inventory Replenishment Rate for any 340B Drugs which Walgreens cannot or does not receive at the NDC41 level replenishment from the Supplier for a period greater than forty -five ( 45 ) calendar days from the original date of an order fulfillment attempt by the Supplier ( " Overdue Drug " ) . 4 . 3 . 3 . Walgreens may block the dispensing of any 340B Drugs on the Price File that Walgreens determines it is unable to manage and dispense due to logistical and / or operational constraints ( " Blocked Drug " ) . In addition , Walgreens may require Covered Entity to remove Blocked Drugs from the Price File or discontinue prescribing such drugs for their 340B Drug Program . Covered Entity acknowledges that any 340B Drugs dispensed prior 6 of 24 MAT- 63397 OrangeCountyHD - WAG 340E 10312019 ( be ) V1 . 0 © 2019 Walgreen Co . All rights reserved .