Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2024 | Updated by Findlaw Staff
A. As used in this section:
(1) “340B drug” means a drug that is purchased at a discount in accordance with the 340B program requirements;
(2) “340B program” means the federal drug pricing program created pursuant to 42 U.S.C. Section 256b;
(3) “covered entity” means an entity participating in the 340B program; and
(4) “pharmacy benefits manager” means an entity that provides pharmacy benefits management services.
B. A pharmacy benefits manager or a third party shall not discriminate against a covered entity on the basis of its participation in the 340B program by:
(1) reimbursing a covered entity for a 340B drug at a rate lower than that paid for the same drug to pharmacies, similar in prescription volume, that are non-covered entities;
(2) assessing a fee, chargeback or other adjustment to the covered entity that is not assessed to non-covered entities;
(3) imposing a provision that prevents or interferes with a person's choice to receive 340B drugs from a covered entity; or
(4) imposing terms or conditions that differ from terms or conditions imposed on a non-covered entity, including:
(a) restricting or requiring participation in a pharmacy network;
(b) requiring more frequent auditing or a broader scope of audit for inventory management systems using generally accepted accounting principles;
(c) requiring a covered entity to reverse, resubmit or clarify a claim after the initial adjudication, unless these actions are in the normal course of pharmacy business and not related to the 340B program; or
(d) charging an additional fee or provision that prevents or interferes with an individual's choice to receive a 340B drug from a covered entity.
Cite this article: FindLaw.com - New Mexico Statutes Chapter 59A. Insurance Code § 59A-61-9. Prohibition on discrimination against a covered entity - last updated January 01, 2024 | https://codes.findlaw.com/nm/chapter-59a-insurance-code/nm-st-sect-59a-61-9/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)