A public list is due each year and plans must report their affiliates
What the document says“For each plan year (beginning with plan year 2028), the Secretary shall publish, on a publicly available internet website of the Centers for Medicare & Medicaid Services, a list of retail pharmacies that meet the criteria described in subparagraphs (A) and (B) of paragraph (2) to be considered an essential retail pharmacy.”
For each plan year from 2028, the Secretary must publish a list of qualifying pharmacies on a public website. Sponsors and Medicare Advantage organizations must submit a list of retail pharmacies that are their affiliates, or affiliates of a pharmacy benefit manager acting for them. From plan year 2027 they must also report incentive payments and other fees paid to pharmacies where not otherwise reported. The Secretary may implement by program instruction, and chapter 35 of title 44 does not apply.
What the document actually says“For each plan year (beginning with plan year 2028), the Secretary shall publish, on a publicly available internet website of the Centers for Medicare & Medicaid Services, a list of retail pharmacies that meet the criteria described in subparagraphs (A) and (B) of paragraph (2) to be considered an essential retail pharmacy.”
From plan year 2028 the health chief must publish a list. It names the retail pharmacies that meet the test above. Anyone can read it.
The agency cannot build the list alone. Plans must say which pharmacies they own or are tied to. Those pharmacies do not count.
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