Live Free or Die Legal
This website is not an official source of law. This website does not provide legal advice. For official legal materials, verify against the relevant court, legislature, agency, or other official source. Legal information may be incomplete, outdated, or incorrectly processed. Consult a qualified attorney for advice about a specific legal matter.

This RSA section is an unofficial mirror, is not legal advice, and may be incomplete, outdated, or incorrectly processed.

RSA 402-N:4-a · Prohibited Acts

Title
XXXVII: INSURANCE
Chapter
402-N · PHARMACY BENEFITS MANAGERS
Status
current
Official source linked
Yes
Official source Copy section link

402-N:4-a Prohibited Acts. – A pharmacy benefit manager shall not, either directly or indirectly:

Copy link
I.

Prohibit an in-network retail pharmacy from:

Copy link
(a)

Mailing or delivering a prescription drug to an enrollee as an ancillary service of the in-network retail pharmacy provided that confirmation of delivery is obtained.

Copy link
(b)

Charging a shipping or handling surcharge to an enrollee who requests that the in-network retail pharmacy mail or deliver a prescription drug to the enrollee as an ancillary service provided the enrollee receives a disclosure from the in-network retail pharmacy regarding any surcharge to be charged to the patient for the delivery of a prescription drug, including that the surcharge may not be reimbursable by the plan sponsor or pharmacy benefit manager.

Copy link
(c)

Offering the ancillary services described in subparagraph I(a) to an enrollee.

Copy link
II.

Charge an enrollee who uses an in-network retail pharmacy that offers to mail or deliver a prescription drug to an enrollee as an ancillary service a surcharge for the delivery of a prescription drug or copayment that is higher than the surcharge or copayment the enrollee would pay if the enrollee used an in-network retail pharmacy that does not offer to mail or deliver a prescription drug to an enrollee as an ancillary service.

Copy link
III.

For purposes of this section, a retail pharmacy shall not include a "mail-order pharmacy" as defined in RSA 318:1, VII-b. Source. 2021, 149:1, eff. Sept. 21, 2021.

Copy link

Source note

Source. 2021, 149:1, eff. Sept. 21, 2021.

Source history

  • 2021, 149:1, eff. Sept. 21, 2021

Related materials

Bill relationships

  • 2026 HB1268 amend · effective 2027-01-01

    s: (a) [For each separate violation, a penalty in the amount of $2,500] An administrative fine not to exceed $5,000 per violation. 13 New Section; Written Agreements. Amend RSA 402-N by inserting after section 2 the following new section: 402-N:2-a. Written Agreement. I. No pharmacy benefits manager shall act as such without a written agreement between the pharmacy benefits manager and the h

  • 2026 SB478 amend · effective 2027-01-01

    rules, pursuant to RSA 541-A, to implement this act, including standardized reporting formats, confidentiality protections, audit standards, and enforcement. II. Penalties under RSA 402-N shall remain administrative and proportionate. No private right of action is created. 4 New Section; Employer Choice and State Plan Alignment. Amend RSA 402-N by inserting after section 2 the following new section:

  • 2026 SB478-FN amend · effective 2027-01-01

    rules, pursuant to RSA 541-A, to implement this act, including standardized reporting formats, confidentiality protections, audit standards, and enforcement. II. Penalties under RSA 402-N shall remain administrative and proportionate. No private right of action is created. 4 New Section; Employer Choice and State Plan Alignment. Amend RSA 402-N by inserting after section 2 the following new section:

  • 2026 SB547 amend · effective 2026-10-01

    hat is in excess of the amount the pharmacy benefit manager paid to the pharmacy that filled the prescription. 3 New Section; Pharmacy Benefit Manager Business Practices. Amend RSA 402-N by inserting after section 4-a the following new section: 4-b Pharmacy Benefit Manager Business Practices. I. A pharmacy benefit manager has a fiduciary duty to a health carrier client or affiliate and shall dischar

  • 2026 SB547-FN amend · effective 2026-10-01

    hat is in excess of the amount the pharmacy benefit manager paid to the pharmacy that filled the prescription. 3 New Section; Pharmacy Benefit Manager Business Practices. Amend RSA 402-N by inserting after section 4-a the following new section: 4-b Pharmacy Benefit Manager Business Practices. I. A pharmacy benefit manager has a fiduciary duty to a health carrier client or affiliate and shall dischar

  • 2026 SB665 amend · effective 2027-01-01

    -compliance shall be considered a separate violation. (b) Revocation or suspension of the pharmacy benefits manager registration. 3 New Section; Written Agreements. Amend RSA 402-N by inserting after section 2 the following new section: 402-N:2-a. Written Agreement. I. No pharmacy benefits manager shall act as such without a written agreement between the pharmacy benefits manager and the h

  • 2026 SB665-FN amend · effective 2027-01-01

    -compliance shall be considered a separate violation. (b) Revocation or suspension of the pharmacy benefits manager registration. 3 New Section; Written Agreements. Amend RSA 402-N by inserting after section 2 the following new section: 402-N:2-a. Written Agreement. I. No pharmacy benefits manager shall act as such without a written agreement between the pharmacy benefits manager and the h