(a) If the Commissioner determines that a pharmacy benefits manager has violated any provision of this chapter or any regulation adopted under this chapter, the Commissioner may, after notice and a hearing, issue an order that requires the pharmacy benefits manager to do 1 or more of the following:
- (1) Cease and desist from the identified violation and further similar violations.
- (2) Take specific affirmative action to correct the violation.
- (3) Make restitution of money, property, or other assets to a person that has suffered financial injury because of the violation.
- (4) Pay a fine in an amount determined by the Commissioner, not to exceed $10,000, for each violation of this chapter.
- (5) Pay the costs, including applicable attorneys’ fees, incurred by the Commissioner in bringing the action.
- (b) A hearing under this section must be held under §§ 323 through 328 of this title and any regulations adopted by the Commissioner.
- (c) The Commissioner may adopt regulations to enforce this chapter and to establish a complaint process and set associated fees to address grievances and appeals brought under this chapter.
82 Del. Laws, c. 115, § 4; 83 Del. Laws, c. 256, § 14