§2871. Enforcement

            A. Notwithstanding any provision of law to the contrary, enforcement of the Pharmacy Benefit Manager Licensing Law shall be conducted in accordance with the following requirements:

            (1)(a) The commissioner of insurance shall be responsible for investigation and enforcement of the provisions of the Louisiana Insurance Code, the applicable provisions of this Chapter, and any rules or regulations promulgated by the Department of Insurance relative to pharmacy benefit managers. The commissioner shall refer any complaint he believes to be outside of his jurisdiction to the Board of Pharmacy or the Louisiana Department of Justice.

            (b) The commissioner of insurance may suspend or revoke a pharmacy benefit manager's permit, license, or registration in accordance with the Louisiana Insurance Code and the rules and regulations promulgated by the Department of Insurance relative to pharmacy benefit managers.

            (2)(a) The Board of Pharmacy shall be responsible for investigation and enforcement of the provisions of the Louisiana Pharmacy Practice Act, the applicable provisions of this Chapter, and any rules or regulations promulgated by the Board of Pharmacy relative to pharmacy benefit managers. The Board of Pharmacy shall refer any complaint it believes to be outside of its jurisdiction to the Department of Insurance or the Louisiana Department of Justice.

            (b) Upon completion of a complaint investigation or compliance audit, and after notice and an opportunity for an adjudicatory hearing held in accordance with the Administrative Procedure Act, the Board of Pharmacy may suspend, revoke, or place on probation a license, permit, or registration issued to the pharmacy benefit manager or any entity in which the pharmacy benefit manager has an ownership or controlling interest, or take any other action authorized by the Louisiana Pharmacy Practice Act or the rules and regulations of the Board of Pharmacy.

            B.(1) The commissioner of insurance and the Board of Pharmacy shall be responsible for conducting random compliance audits, which may be desk audits based on data provided by the pharmacy benefit manager, to ensure compliance with this Chapter.

            (2) A pharmacy benefit manager doing business in Louisiana shall make itself open and available to comply with compliance audit data requests.

            C. On the first day of each month, the Board of Pharmacy shall submit to the attorney general a report of complaints received against pharmacy benefit managers and the date that each complaint was received during the prior calendar month in a format prescribed by the attorney general. The report shall include a cumulative list of all complaints received against pharmacy benefit managers until final disposition.

            D. Nothing in this Section shall be construed as a limitation on the attorney general's power to enforce the Unfair Trade Practices and Consumer Protection Law, R.S. 51:1401 et seq., or to limit his authority in any way under that law, or as a limitation on the attorney general's power to negotiate and enter into a stipulation with a pharmacy benefit manager. Furthermore, nothing in this Section shall prohibit the Board of Pharmacy from referring a complaint or audit finding to the Louisiana Department of Justice.

            Acts 2019, No. 124, §3, eff. July 1, 2020.