Rule 120-2-97-.08 - Penalties; Commissioner actions; and reimbursements(1) Any person, business entity, or other entity acting as a pharmacy benefits manager without a license shall be subject to a monetary penalty of up to $2000.00 for each and every transaction in violation of the chapter. Any person, business entity, or other entity willfully acting as a pharmacy benefits manager without a license shall be subject to a monetary penalty of up to $10,000.00 for each and every act in violation.(2) In addition to all other penalties provided for under this title, the Commissioner shall have the authority to place any pharmacy benefits manager on probation for a period of time not to exceed one year for each and every act in violation of thee chapter and may subject such pharmacy benefits manager to a monetary penalty of up to $2000.00 for each and every act in violation of this chapter. If the pharmacy benefits manager willfully acted in violation of this chapter the monetary penalty may be increased up to $10,000.00 for each and every act in violation.(3) In the event a pharmacy benefits manager is in violation of the chapter while on probation, the Commissioner may suspend the license.(4) When a pharmacy benefits manager is taking or threatening to take action in violation of the chapter the Commissioner may issue a cease and desist order.(5) When the action of a pharmacy benefits manager is in violation of the chapter the Commissioner may order reimbursement to an insured, pharmacy, or other dispenser for any monetary loss arising as a result of the violation or violations as well as order payment of a fine not to exceed $1,000.00 per violation to an insured, pharmacy, or other dispenser who has been aggrieved. Such a fine shall be in addition to and not to preclude any other penalties pursuant to the chapter.Ga. Comp. R. & Regs. R. 120-2-97-.08
O.C.G.A. §§ 33-2-9, 33-64-7.
Original Rule entitled "Penalties" adopted. F. March 16, 2011; eff. April 5, 2011.Repealed: New Rule entitled "Penalties; Commissioner actions; and reimbursements" adopted. F. Dec. 7, 2020; eff. Jan. 1, 2021, as specified by the Agency.