§ 59a-61-9

A. As used in this section:(1) '340B drug' means a drug that is purchased at a discount in accordance with the 340B program requirements;(2) '340B program' means the federal drug pricing program created pursuant to 42 U.S.C. Section 256b;(3) 'covered entity' means an entity participating in the 340B program; and(4) 'pharmacy benefits manager' means an entity that provides pharmacy benefits management services.B. A pharmacy benefits manager or a third party shall not discriminate against a covered entity on the basis of its participation in the 340B program by:(1) reimbursing a covered entity for a 340B drug at a rate lower than that paid for the same drug to pharmacies, similar in prescription volume, that are non-covered entities;(2) assessing a fee, chargeback or other adjustment to the covered entity that is not assessed to non-covered entities;(3) imposing a provision that prevents or interferes with a person's choice to receive 340B drugs from a covered entity; or(4) imposing terms or conditions that differ from terms or conditions imposed on a non-covered entity, including:(a) restricting or requiring participation in a pharmacy network;(b) requiring more frequent auditing

rms or conditions that differ from terms or conditions imposed on a non-covered entity, including:(a) restricting or requiring participation in a pharmacy network;(b) requiring more frequent auditing or a broader scope of audit for inventory management systems using generally accepted accounting principles;(c) requiring a covered entity to reverse, resubmit or clarify a claim after the initial adjudication, unless these actions are in the normal course of pharmacy business and not related to the 340B program; or(d) charging an additional fee or provision that prevents or interferes with an individual's choice to receive a 340B drug from a covered entity.History: Laws 2023, ch. 206, § 7. ANNOTATIONSEffective dates. — Laws 2023, ch. 206 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2023, 90 days after adjournment of the legislature.