§ 38-71-2260 — Construction and application.

(A) Nothing in this act is intended or may be construed to be in conflict with existing relevant federal law. (B) Other than the antisteering provisions contained in Section 38-71-2230(G), this article does not apply to the South Carolina Department of Health and Human Services in the performance of its duties in administering Medicaid under Titles XIX and XXI of the Social Security Act or to the Medicaid-managed care organizations under contract with the South Carolina Department of Health and Human Services. (C) Notwithstanding the exemption under subsection (B), contracts between the South Carolina Department of Health and Human Services and Medicaid-managed care organizations must include provisions for biannual audits of Medicaid-managed care organizations' pharmacy pricing mechanisms and include limitations on any pharmacy benefits manager contract arrangements that bill the Medicaid program for more than the total price paid to pharmacies for actual claims.

Legislative History

HISTORY: 2019 Act No. 48 (S.359), SECTION 1, eff January 1, 2021; 2023 Act No. 30 (S.520), SECTION 2, eff January 1, 2024. Editor's Note 2023 Act No. 30, SECTION 7, provides as follows: "SECTION 7. This act takes effect January 1, 2024, but the recurring examinations by the Department of Insurance provided for in Sections 38-71-2250(B)(1) and 38-71-2340(B)(1) must not begin before January 1, 2025." Effect of Amendment 2023 Act No. 30, SECTION 2, in (B), substituted "Other than the antisteering provisions contained in Section 38-71-2230(G), this article" for "This article" and "Medicaid-managed" for "Medicaid managed"; and added (C). ARTICLE 23 Pharmacy Services Administrative Organizations