HOUSE BUSINESS AND INDUSTRY COMMITTEE SUBSTITUTE FOR

HOUSE BILL 122

53rd legislature - STATE OF NEW MEXICO - first session, 2017

AN ACT

RELATING TO PHARMACEUTICALS; AMENDING AND ENACTING SECTIONS OF THE PHARMACY BENEFITS MANAGER REGULATION ACT TO BAN CERTAIN FEES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 59A-61-1 NMSA 1978 (being Laws 2014, Chapter 14, Section 1) is amended to read:

     "59A-61-1. SHORT TITLE.--[Sections 1 through 6 of this act] Chapter 59A, Article 61 NMSA 1978 may be cited as the "Pharmacy Benefits Manager Regulation Act"."

     SECTION 2. A new section of the Pharmacy Benefits Manager Regulation Act is enacted to read:

     "[NEW MATERIAL] PHARMACY BENEFITS MANAGERS--PROHIBITED PHARMACY FEES.--Either at the time of claim adjudication or at any time before or thereafter, a pharmacy benefits manager shall not charge or hold a pharmacist or pharmacy responsible for a fee for any step or component of, or mechanism related to, the adjudication of a claim, including:

          A. the adjudication of a pharmacy claim;

          B. the receipt and processing of a pharmacy claim;

          C. the development or management of a claim processing or adjudication network; or

          D. participation in a claim processing or claim adjudication network."

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