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California Code, Health and Safety Code - HSC § 1385.0026

Current as of January 01, 2025 | Updated by Findlaw Staff

<Section added by Stats.2025, c. 605 (S.B.41), § 8.  See, also, another section of the same number added by Stats.2025, c. 21 (A.B.116), § 34, eff. June 30, 2025.>

(a) A pharmacy benefit manager shall not impose any requirements, conditions, or exclusions that discriminate against a nonaffiliated pharmacy in connection with dispensing drugs.

(b) Discrimination prohibited pursuant to subdivision (a) includes all of the following:

(1) Terms or conditions applied to nonaffiliated pharmacies based on their status as a nonaffiliated pharmacy.

(2) Refusing to contract with or terminating a contract with a nonaffiliated pharmacy on the basis that the pharmacy is a nonaffiliated pharmacy or for reasons other than those that apply equally to affiliated pharmacies.

(3) Retaliation against a nonaffiliated pharmacy based on its exercise of any right or remedy under this article.

(4) Engaging in an unlawful action against a covered entity, including a violation of Section 127471.

(5) Reimbursing a nonaffiliated pharmacy less for a pharmacist service than the pharmacy benefit manager would reimburse an affiliated pharmacy for the same pharmacist service.

(c) This article does not preclude a pharmacy benefit manager or a purchaser of pharmacy benefit manager services from establishing a network of contracting pharmacies.

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Cite this article: FindLaw.com - California Code, Health and Safety Code - HSC § 1385.0026 - last updated January 01, 2025 | https://codes.findlaw.com/ca/health-and-safety-code/hsc-sect-1385-0026/

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