§ 19-02.1-16.5 — Pharmacy benefits managers - Prohibition on discrimination - Penalty

North Dakota § 19-02.1-16.5

• Jurisdiction: North Dakota
• Title 19: Foods, Drugs, Oils, and Compounds
• Ch. 19-02.1: North Dakota Food, Drug, and Cosmetic Act

Text

1. As used in this section:
a. "Pharmacy" means a pharmacy licensed under the laws of this state.
b. "Pharmacy benefits manager" has the same meaning as in section 19-03.6-01.
2. A pharmacy benefits manager may not discriminate against or interfere with a covered
entity participating under section 340B of the federal Public Health Service Act
[42 U.S.C. 201 et seq.] or a pharmacy under contract with a covered entity under
section 340B of the federal Public Health Service Act to provide pharmacy services on
behalf of the covered entity. This includes refusing to contract with a pharmacy.
3. A pharmacy benefits manager may not modify, by contract, provider manual, or other
means, the definition of pharmacy as defined in this section, reimburse a lower dollar
amount for a drug purchased under section 340B than if the drug had been purchased
outside section 340B, or interfere with any section 340B pharmacy service between
the covered entity and the contracted pharmacy.

4. A pharmacy benefits manager may not directly or indirectly, on behalf of a pharmacy
benefits manager, a carrier, or a health plan, charge or hold a pharmacy responsible
for a fee for any step, component, or mechanism related to the claims adjudication
processing network.
5. Contract and claim information between the covered entity and contracted pharmacy is
confidential.
6. A pharmacy benefits manager that violates this section is guilty of a class B
misdemeanor for each violation occurrence.