§1860.3. Reimbursements
A. A pharmacy benefit manager or person acting on behalf of a pharmacy benefit
manager shall not reimburse a pharmacy or pharmacist in this state an amount less than the
amount that the pharmacy benefit manager reimburses an affiliate of the pharmacy benefit
manager for providing the same services. The amount shall be calculated on a per-unit basis
using the same generic product identifier or generic code number.
B.(1) Any pharmacy or pharmacist who has a contract, either directly or through a
pharmacy services administration organization, with a pharmacy benefit manager
administering any type of drug or pharmacy benefit plan to provide covered drugs, devices,
or services at a contractual reimbursement rate may decline to provide a covered drug,
device, or service if the pharmacy or pharmacist will be or is paid less than the acquisition
cost for the covered drug, device, or service.
(2) If the pharmacy or pharmacist declines to provide the drug, device, or service as
authorized in this Subsection, then the pharmacy or pharmacist shall provide the customer
with adequate information as to where the prescription for the drug, device, or service may
be filled.
(3) No pharmacy benefit manager, pharmacy services administration organization,
or any person acting for or on behalf of a pharmacy benefit manager or pharmacy services
administration organization shall cancel any contract with the pharmacy or pharmacist, sue
for breach of contract, use the decision to decline as a cause for not renewing the contract,
or retaliate against or penalize the pharmacy or pharmacist in any way.
C. The commission of any act prohibited by this Section shall be considered an
unfair method of competition and unfair practice or act which shall subject the violator to any
and all actions, including investigative demands, private actions, remedies, and penalties,
provided for in the Unfair Trade Practices and Consumer Protection Law, R.S. 51:1401 et
seq.
D. Any provision of a contract that is contrary to any provision of this Section shall
be null, void, and unenforceable in this state.
Acts 2018, No. 597, §1, eff. Jan. 1, 2019; Acts 2019, No. 161, §1, eff. June 6, 2019.