N.M. Admin. Code § 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.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
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