§ 36-5404 — Promulgation of rules — Enforcement.

A. The Insurance Department is authorized to establish rules and regulations interpreting the provisions of this act concerning health insurers. The Department is responsible for enforcing this act specifically with respect to health insurers. It may levy civil fines ranging from One Hundred Dollars ($100.00) to Ten Thousand Dollars ($10,000.00) per violation of this act. This section does not prevent the Insurance Department from seeking assistance from the Attorney General in enforcing this act or limit the Insurance Departments ability to regulate the licensing of pharmacy benefit managers. Each instance of a prohibited act constitutes a separate violation. B. The Attorney General is authorized to establish rules and regulations interpreting the provisions of this act and concerning any person or entity who is not a health insurer subject to enforcement by the Insurance Department. The Attorney General may impose civil fines of not less than One Hundred Dollars ($100.00) and not greater than Ten Thousand Dollars ($10,000.00) for each violation of the provisions of this act. C. Nothing shall prohibit the Attorney General’s Office or the Insurance Department from sharing any information with each other as a part of an investigation regarding conduct that is prohibited by this act. Any information shared between the Attorney General’s Office and the Insurance Department shall be kept confidential unless it is used during an enforcement action authorized by this act, the disclosing agency has authorized such disclosure, or the information is publicly available. A violation occurs each time a prohibited act is committed.

Legislative History

Added by Laws 2025, c. 332, § 5, eff. Nov. 1, 2025.