Section 1369.609 - Retaliation Prohibited(a) A pharmacy benefit manager may not retaliate against a pharmacist or pharmacy based on the pharmacist's or pharmacy's exercise of any right or remedy under this chapter. Retaliation prohibited by this section includes: (1) terminating or refusing to renew a contract with the pharmacist or pharmacy;(2) subjecting the pharmacist or pharmacy to increased audits; or(3) failing to promptly pay the pharmacist or pharmacy any money owed by the pharmacy benefit manager to the pharmacist or pharmacy.(b) For purposes of this section, a pharmacy benefit manager is not considered to have retaliated against a pharmacist or pharmacy if the pharmacy benefit manager: (1) takes an action in response to a credible allegation of fraud against the pharmacist or pharmacy; and(2) provides reasonable notice to the pharmacist or pharmacy of the allegation of fraud and the basis of the allegation before taking the action.Tex. Ins. Code § 1369.609
Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 768,Sec. 24.001, eff. 9/1/2023.Added by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. 142,Sec. 1, eff. 9/1/2021.