California · Health and Safety Code - HSC

HSC §1385.0026: (a) A pharmacy benefit manager shall not impose any requirements, conditions, or exclusions that discriminate against a nonaffiliated pharmacy in connection with dispensing drugs.

Civil

What this law says, in plain English

Pharmacy benefit managers cannot discriminate against nonaffiliated pharmacies in drug dispensing through unfair requirements, contract termination, retaliation, or unequal reimbursement for pharmacist services.

Read the full statutory text

(a) A pharmacy benefit manager shall not impose any requirements, conditions, or exclusions that discriminate against a nonaffiliated pharmacy in connection with dispensing drugs. (b) Discrimination prohibited pursuant to subdivision (a) includes all of the following: (1) Terms or conditions applied to nonaffiliated pharmacies based on their status as a nonaffiliated pharmacy. (2) Refusing to contract with or terminating a contract with a nonaffiliated pharmacy on the basis that the pharmacy is a nonaffiliated pharmacy or for reasons other than those that apply equally to affiliated pharmacies. (3) Retaliation against a nonaffiliated pharmacy based on its exercise of any right or remedy under this article. (4) Engaging in an unlawful action against a covered entity, including a violation of Section 127471. (5) Reimbursing a nonaffiliated pharmacy less for a pharmacist service than the pharmacy benefit manager would reimburse an affiliated pharmacy for the same pharmacist service. (c) This article does not preclude a pharmacy benefit manager or a purchaser of pharmacy benefit manager services from establishing a network of contracting pharmacies.

Verify at the official source: California legislative text

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