Changes to Existing Law

E: A pharmacy benefit manager or a pharmacy benefit manager affiliate who has engaged in a discriminatory act, as prohibited in § 58-29E-15, is liable to the 340B entity for damages, including actual and consequential damages, and is liable for reasonable attorneys' fees and costs.

32 58-33-135. The following acts or practices by a pharmacy benefits manager are declared to be false, misleading, deceptive, or unfair: (1) Prohibiting a pharmacist or pharmacy for from providing cost-sharing information on regarding the amount that a covered individual may pay for a particular prescription drug by from a pharmacist or pharmacy; or (2) Penalizing a pharmacist or pharmacy for providing cost-sharing information on the amount that a covered individual may pay for a particular prescription drug by from a pharmacist or pharmacy; and (3) Committing a discriminatory act, as prohibited in § 58-29E-15. Section 7. This Act is effective beginning January 1, 2025. 10