TITLE XXX
OCCUPATIONS AND PROFESSIONS

CHAPTER 318
PHARMACISTS AND PHARMACIES

Regulation of Pharmacies

Section 318:47-h

    318:47-h Price of Filling Prescriptions. –
I. A pharmacy benefits manager or insurer shall require a contracted pharmacy to charge an enrollee or insured person the pharmacy's usual and customary price of filling the prescription or the contracted copayment, whichever is less.
II. Once it has settled a claim for filling a prescription for an enrollee or insured person and notified the pharmacy of the amount the pharmacy benefits manager or insurer will pay to the pharmacy for that prescription, the pharmacy benefits manager or insurer shall not lower the amount to be paid to the pharmacy by the pharmacy benefits manager or the insurer for such settled claim; provided, however, that this paragraph shall not apply if the claim was submitted fraudulently or with inaccurate or misrepresented information.
III. The board shall adopt rules under RSA 541-A establishing procedures to receive complaints of violations of paragraphs I and II. Such rules shall include:
(a) Criteria and procedure to refer complaints to the insurance department.
(b) Method for tracking the status of complaints referred to the insurance department and receiving department of insurance reports on the status.
(c) Procedures for reporting to the senate president, the speaker of the house of representatives, and the chairpersons of the house and senate committees with oversight of pharmacy benefit manager regulation, the number of complaints received, the number and nature of complaints referred to the insurance department, and the status of referred complaints.

Source. 2008, 29:1. 2010, 202:1, eff. Aug. 21, 2010. 2016, 221:5, eff. June 9, 2016.