Section effective until January 1, 2024. See, also, § 38-71-2250 effective January 1, 2024.

(A) The director shall enforce this article.

Terms Used In South Carolina Code 38-71-2250 v2

  • Claims processing services: means the administrative services performed in connection with the processing and adjudicating of claims relating to pharmacist services that include:

    (a) receiving payments for pharmacist services;

    (b) making payments to pharmacists or pharmacies for pharmacist services; or

    (c) both receiving and making payments. See South Carolina Code 38-71-2200 v2
  • Director: means the person who is appointed by the Governor upon the advice and consent of the Senate and who is responsible for the operation and management of the department. See South Carolina Code 38-1-20
  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • Health benefit plan: means any individual, blanket, or group plan, policy, or contract for health care services issued or delivered by a health care insurer in this State as defined in § 38-71-670(6) and 38-71-840(14), including the state health plan as defined in § 1-11-710. See South Carolina Code 38-71-2200 v2
  • Other prescription drug or device services: means services other than claims processing services, provided directly or indirectly by a pharmacy benefits manager, whether in connection with or separate from claims processing services, including without limitation:

    (a) negotiating rebates, discounts, or other financial incentives and arrangements with drug companies;

    (b) disbursing or distributing rebates;

    (c) managing or participating in incentive programs or arrangements for pharmacist services;

    (d) negotiating or entering into contractual arrangements with pharmacists or pharmacies, or both;

    (e) developing formularies;

    (f) designing prescription benefit programs; or

    (g) advertising or promoting services. See South Carolina Code 38-71-2200 v2
  • Pharmacy benefits manager: means an entity that contracts with pharmacists or pharmacies on behalf of an insurer, third party administrator, or the South Carolina Public Employee Benefit Authority to:

    (a) process claims for prescription drugs or medical supplies or provide retail network management for pharmacies or pharmacists;

    (b) pay pharmacies or pharmacists for prescription drugs or medical supplies; or

    (c) negotiate rebates with manufacturers for drugs paid for or procured as described in this article. See South Carolina Code 38-71-2200 v2

(B)(1) The director may examine or audit the books and records of a pharmacy benefits manager providing claims processing services or other prescription drug or device services for a health benefit plan that are relevant to determining if the pharmacy benefits manager is in compliance with this act. The pharmacy benefits manager shall pay the charges incurred in the examination, including the expenses of the director or his designee and the expenses and compensation of his examiners and assistants. The director or his designee promptly shall institute a civil action to recover the expenses of examination against a pharmacy benefits manager which refuses or fails to pay.

(2) The information or data acquired during an examination pursuant to this section is considered proprietary and confidential and is not subject to the South Carolina Freedom of Information Act.

(C) Violations of this article are subject to the penalties provided in §§ 38-2-10 through 38-2-30.

(D) The director may promulgate regulations regarding pharmacy benefits managers that are not inconsistent with this article.