New Mexico Administrative Code
Title 13 - INSURANCE
Chapter 10 - HEALTH INSURANCE
Part 30 - PHARMACY BENEFITS MANAGERS
Section 13.10.30.19 - RETALIATION, DISCRIMINATION AND UNFAIR PRACTICES

Universal Citation: 13 NM Admin Code 13.10.30.19

Current through Register Vol. 35, No. 18, September 24, 2024

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.

Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.