This RSA section is an unofficial mirror, is not legal advice, and may be incomplete, outdated, or incorrectly processed.

RSA 402-N:4 · Prescription Drugs

402-N:4 Prescription Drugs. –

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I.

A pharmacy benefits manager or insurer shall require a contracted pharmacy to charge an enrollee or insured person the pharmacy's usual and customary price of filling the prescription or the contracted copayment, whichever is less.

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II.

Once it has settled a claim for filling a prescription for an enrollee or insured person and notified the pharmacy of the amount the pharmacy benefits manager or insurer shall pay to the pharmacy for that prescription, the pharmacy benefits manager or insurer shall not lower the amount to be paid to the pharmacy by the pharmacy benefits manager or the insurer for such settled claim; provided, however, that this paragraph shall not apply if the claim was submitted fraudulently or with inaccurate or misrepresented information. Source. 2019, 320:2, eff. Jan. 1, 2020.

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Source note

Source. 2019, 320:2, eff. Jan. 1, 2020.

Source history

  • 2019, 320:2, eff. Jan. 1, 2020

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 amend · effective 2027-01-01

    to facilitate compliance consistent with federal law and privacy protections. 7 New Paragraphs; Prescription Drugs; Formulary Integrity; Biosimilars; Patient Protections. Amend RSA 402-N:4 by inserting after paragraph II the following new paragraphs: III. Pharmacy benefits managers shall support formulary placement based on evidence-based clinical criteria and lowest net cost, including rebates and al

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

    to facilitate compliance consistent with federal law and privacy protections. 7 New Paragraphs; Prescription Drugs; Formulary Integrity; Biosimilars; Patient Protections. Amend RSA 402-N:4 by inserting after paragraph II the following new paragraphs: III. Pharmacy benefits managers shall support formulary placement based on evidence-based clinical criteria and lowest net cost, including rebates and al

  • 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