Tenn. Comp. R. & Regs. 0780-01-95-.16 - VIOLATIONS; CONTROL OF PBM

(1) The following acts are violations of this chapter:

(a) A PBM fails to timely submit all information, including updates to information, required pursuant to this chapter;

(b) A PBM provides any false, misleading, or deceptive information to the Department;

(c) A PBM fails to comply with a requirement of, or engages in any action prohibited by, this chapter; or

(d) Information submitted to the Department indicates any of the following are not authorized to transact business in this state; are not financially responsible as indicated by evidence of financial negligence, financial fraud, or gross mismanagement; or have engaged in any false, fraudulent, or dishonest practices in the course of business:

1. The PBM;

2. Any of the PBM's officers, directors, partners, members, or managers; or

3. Any person or entity with control of a PBM.

(2) A violation of this chapter may subject a PBM to the sanctions described in T.C.A. § 56-2-305.

(3) A person or entity that has, or that triggers a presumption of, control of a PBM may disclaim control in the same manner allowed under T.C.A. § 56-11-105(k).

Notes

Tenn. Comp. R. & Regs. 0780-01-95-.16

New rules filed March 28, 2024; effective 6/26/2024.

Authority: T.C.A. §§ 56-2-305 and 56-7-3101.