58-29E-7.1. Prohibition on publication or disclosure of information.Except as provided in chapter 58-17K, and in accordance with the audit provisions in §58-29E-7, a third-party payor that has contracted with a licensed pharmacy benefit manager may not publish, or directly or indirectly disclose:(1)Any information that reveals the identity of a specific third-party payor or manufacturer;(2)Prices charged for a specific drug or class of drugs;(3)The amount of any rebates provided for a specific drug or class of drugs; or(4)Any information that has the potential to compromise the financial, competitive, or proprietary nature of the pharmacy benefit manager's business.The information referenced in §58-29E-7 is protected from disclosure as confidential and proprietary. The information is privileged and not open to public inspection or disclosure.A third-party payor that has contracted with a licensed pharmacy benefit manager shall impose the confidentiality protections set forth in §58-29E-7 on any vendor or third party that may receive or have access to the information. Source: SL 2023, ch 166, §8.
South Dakota Legal Code