Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1
Section 683A.179 - Other prohibited acts; applicability1. A pharmacy benefit manager shall not: (a) Prohibit a pharmacist or pharmacy from providing information to a covered person concerning: (1) The amount of any copayment or coinsurance for a prescription drug; or(2) The availability of a less expensive alternative or generic drug including, without limitation, information concerning clinical efficacy of such a drug;(b) Penalize a pharmacist or pharmacy for providing the information described in paragraph (a) or selling a less expensive alternative or generic drug to a covered person;(c) Prohibit a pharmacy from offering or providing delivery services directly to a covered person as an ancillary service of the pharmacy; or(d) If the pharmacy benefit manager manages a pharmacy benefits plan that provides coverage through a network plan, charge a copayment or coinsurance for a prescription drug in an amount that is greater than the total amount paid to a pharmacy that is in the network of providers under contract with the third party.2. The provisions of this section:(a) Must not be construed to authorize a pharmacist to dispense a drug that has not been prescribed by a practitioner, as defined in NRS 639.0125, except to the extent authorized by a specific provision of law, including, without limitation, NRS 453C.120, 639.28078 and 639.28085.(b) Do not apply to an institutional pharmacy, as defined in NRS 639.0085, or a pharmacist working in such a pharmacy as an employee or independent contractor.3. As used in this section, "network plan" means a health benefit plan offered by a health carrier under which the financing and delivery of medical care is provided, in whole or in part, through a defined set of providers under contract with the carrier. The term does not include an arrangement for the financing of premiums.Added to NRS by 2017, 4308; A 2019, 1928; 2021, 3206, 3273Amended by 2021, Ch. 504,§8.5, eff. 1/1/2022.Amended by 2021, Ch. 492,§8.5, eff. 10/1/2021.Amended by 2019, Ch. 315,§1, eff. 7/1/2019.Added by 2017, Ch. 592,§20, eff. 1/1/2018.