A PBM shall not:
- A. Retaliate. Retaliate against a pharmacy for invoking its rights under these rules or the Pharmacy Benefits Manager Regulation Act. Selecting a pharmacy that has filed a grievance for audit at a rate disproportionately higher than for other network pharmacies may be considered retaliation.
B. Discriminate. Discriminate against any person or legal entity.
- (1) based on any class membership or characteristic protected under any state or federal anti-discrimination law or
- (2) that receives discounts on prescription drugs as a result of a state or federal program or law.
- C. Unfair trade practice. Engage in or commit any act or practice proscribed by any state or federal unfair practices law.
- D. Steer. Induce or attempt to induce, a health plan member to fill a prescription at a pharmacy benefits manager affiliate or transfer a prescription to any pharmacy benefits manager affiliated without an enrollee’s express and informed consent.
[13.10.30.19 NMAC – Rp, 13.10.30.19 NMAC, 3/1/2022]