(a)        A contract entered into between a pharmacy benefits manager and a 340B covered entity’s pharmacy or between a pharmacy benefits manager and a 340B contract pharmacy shall not do any of the following:

(1)        Restrict access to a pharmacy network or adjust 340B drug reimbursement rates based on whether a pharmacy dispenses drugs under the 340B drug discount program.

(2)        Assess any additional, or vary the amount of any, fees, chargebacks, or other adjustments on the basis of a drug being dispensed under the 340B drug discount program or a pharmacy’s status as a 340B covered entity or a 340B contract pharmacy. This section does not prevent adjustments to correct errors or overpayments resulting from an adjudicated claim.

(b)        No pharmacy benefits manager making payments pursuant to a health benefit plan shall discriminate against a 340B covered entity or a 340B contract pharmacy in a manner that prevents or interferes with an enrollee’s choice to receive a prescription drug from an in-network 340B covered entity or an in-network 340B contract pharmacy.

(c)        The provisions of N.C. Gen. Stat. § 58-51-37 shall apply to pharmacy benefits managers with respect to 340B covered entities and 340B contract pharmacies.

(d)       Any provision of a contract entered into between a pharmacy benefits manager and a 340B covered entity or 340B contract pharmacy that is contrary to this section is unenforceable. ?(2021-161, s. 1(b).)