Section 306 – Mailing or delivering prescription drugs.

Effective 5/12/2020
31A-46-306. Mailing or delivering prescription drugs.
A pharmacy benefit manager or an insurer may not, directly or indirectly:

• (1) prohibit an in-network retail pharmacy from:
  • (a) mailing or delivering a prescription drug to an enrollee as an ancillary service of the in-network retail pharmacy;
  • (b) charging a shipping or handling fee to an enrollee who requests that the in-network retail pharmacy mail or deliver a prescription drug to the enrollee, as an ancillary service; or
  • (c) offering or soliciting the ancillary services described in Subsection (1)(a) to an enrollee; or

• (2) charge an enrollee who uses an in-network retail pharmacy that offers to mail or deliver a prescription drug to an enrollee as an ancillary service a fee or copayment that is higher than the fee or copayment the enrollee would pay if the enrollee used an in-network retail pharmacy that does not offer to mail or deliver a prescription drug to an enrollee as an ancillary service.

Enacted by Chapter 198, 2020 General Session