§ 10-16-1411 — Unlawful acts - enforcement - penalties

(1) On and after
January 1, 2022, it is unlawful for any person to purchase or reimburse a payer for a
prescription drug for which the board has established an upper payment limit
pursuant to section 10-16-1407 at an amount that exceeds the upper payment limit
established by the board for that prescription drug, regardless of whether the
prescription drug is dispensed or distributed in person, by mail, or by other means.

(2) On and after January 1, 2023, each state entity, carrier, and optional
participating plan shall require compliance with an upper payment limit established
by the board.

(3) The attorney general is authorized to enforce this part 14 on behalf of any
state entity or any consumer of prescription drugs.

(4) Notwithstanding any provision of this part 14 to the contrary, as used in
this section, person does not include an individual who acquires a prescription
drug for the individual's own use or for a family member's use.

(5) Notwithstanding any provision of this section to the contrary, a carrier or
state agency that is required pursuant to state or federal law to purchase or
reimburse a payer for a prescription drug for which the board has established an
upper payment limit pursuant to section 10-16-1407 is not subject to an
enforcement action for a violation of subsection (1) or (2) of this section for that
particular prescription drug.

Legislative History

Source: L. 2021: Entire part added, (SB 21-175), ch. 240, p. 1273, � 2, effective June 16.