N.M. Admin. Code § 13.10.30.19

Current through Register Vol. 35, No. 23, December 10, 2024

Section 13.10.30.19 - RETALIATION, DISCRIMINATION AND UNFAIR PRACTICES

A PBM shall not:

A.Retaliate. Retaliate against a pharmacy for invoking its rights under these rules or the Pharmacy Benefits Manager Regulation Act. Selecting a pharmacy that has filed a grievance for audit at a rate disproportionately higher than for other network pharmacies may be considered retaliation.

B.Discriminate. Discriminate against any person or legal entity.

(1) based on any class membership or characteristic protected under any state of federal antidiscrimination law or

(2) that receives discounts on prescription drugs as a result of a state or federal program or law.

C.Unfair trade practice. Engage in or commit any act or practice proscribed by any state or federal unfair practice law.

D.Steer. Induce or attempt to induce, a health plan member to fill a prescription at a pharmacy benefits manager affiliate or transfer a prescription to any pharmacy benefits manager affiliated without an enrollee's express and informed consent.

N.M. Admin. Code § 13.10.30.19

Adopted by New Mexico Register, Volume XXXII, Issue 02, January 26, 2021, eff. 3/1/2021, Adopted by New Mexico Register, Volume XXXIII, Issue 04, February 22, 2022, eff. 3/1/2022