Mich. Admin. Code R. 500.35

Current through Vol. 24-18, October 15, 2024

Section R. 500.35 - Suspension, revocation, and restriction of licensure; fines

Rule 5.

(1) The director may suspend the license of a pharmacy benefit manager as provided in sections 11(5) and (6) of the act, MCL 550.821. A pharmacy benefit manager whose license is suspended shall not operate within this state as a pharmacy benefit manager during the suspension.

(2) The director may revoke the license of a pharmacy benefit manager as provided in section 11(5) or (7) of the act, MCL 550.821. A pharmacy benefit manager whose license is revoked shall not operate within this state as a pharmacy benefit manager as of the date specified in the director's order.

(3) The director may restrict the license of a pharmacy benefit manager under the authority of section 13 of the act, MCL 550.823. An order of the director to suspend or to restrict a license takes effect immediately, unless the order explicitly states otherwise. If a director's order suspending or restricting a license explicitly allows the pharmacy benefit manager to operate after the order is issued, the affected pharmacy benefit manager shall operate for the period specified in the order and according to the conditions set forth in the order.

(4) When the director orders the suspension or revocation of a license under the act, the director has discretion to issue an order adapted to the underlying violation by requiring the pharmacy benefit manager to pay a fine or otherwise restricting the pharmacy benefit manager's license.

(5) A pharmacy benefit manager whose license has been suspended or restricted under the act and these rules shall pay the fine specified in the order mandating the suspension or restriction. If the director's order mandates a monthly fine until the underlying violation is remedied, the affected pharmacy benefit manager shall pay the specified fine each month until the pharmacy benefit manager demonstrates to the director, in a manner specified in the director's order, that the pharmacy benefit manager has remedied the violation leading to the suspension or restriction. If the director's order mandates any fine other than a monthly fine, the affected pharmacy benefit manager shall pay the fine specified in the order and comply with all other conditions set forth in the order.

Mich. Admin. Code R. 500.35

2023 MR 24, Eff. 1/2/2024