44-1752. Pharmacy benefits managers; prohibitions; applicability
A. A pharmacy benefits manager may not do any of the following:
1. Prohibit a pharmacist or pharmacy from providing an insured individual information on the amount of the insured's cost share for the insured's prescription drug and the clinical efficacy of a more affordable alternative drug if one is available. A pharmacy benefits manager may not penalize a pharmacy or pharmacist for disclosing such information to an insured or for selling to an insured a more affordable alternative if one is available.
2. Require a pharmacist or pharmacy to charge or collect from an insured a copayment that exceeds the total submitted charges by the network pharmacy.
B. To the extent that any provision of this section is inconsistent or conflicts with an applicable federal law, rule or regulation, the applicable federal law, rule or regulation applies.
C. This section applies to all contracts between a pharmacy benefits manager and a pharmacy or a pharmacy's contracting representative or agent that are entered into or renewed on or after August 3, 2018.
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