Delaware Code Title 18. Insurance Code § 3374A. Prohibition of discrimination against 340B entities by pharmacy benefits managers

a. Imposing a fee, chargeback, clawback, or other adjustment to the covered entity or the covered entity's contracted pharmacy that is not imposed on or exceeds the amount imposed on an entity that is not a covered entity or the covered entity's contracted pharmacy.

b. Restricting or requiring participation in a pharmacy network.

c. Requiring more frequent auditing or a broader scope of audit for inventory management systems using generally accepted accounting principles, unless such audit is required under state or federal law.

d. Requiring a covered entity or the covered entity's contracted pharmacy to reverse, resubmit, identify, modify, or clarify a claim after the initial adjudication, unless these actions are the normal course of pharmacy business and not related to the 340B program or required under applicable state or federal law.

e. Requiring accreditation or recertification inconsistent with, more stringent than, or in addition to state or federal law.

f. Discriminating against a 340B entity or the entity's contracted pharmacy in a manner that prevents or interferes with an individual's choice to receive a prescription drug from a 340B covered entity or the covered entity's contracted pharmacy, including the administration of the drug.

g. Imposing any provision determined by the Insurance Commissioner to interfere with the ability of a covered entity or the covered entity's contracted pharmacy to maximize the value of discounts provided under the 340B program.