(b) A pharmacy benefits manager conducting an audit of a pharmacy may not
- (1) use extrapolation in calculating recoupments or penalties for audits, unless required by state or federal contracts;
- (2) assess a charge-back, recoupment, or other penalty against a pharmacy solely because a prescription is mailed or delivered at the request of a patient; or
(3) receive payment
- (A) based on a percentage of the amount recovered; or
- (B) for errors that have no actual financial harm to the patient or medical plan.