Powers of the Commissioner.

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Section 27-45A-5

Powers of the commissioner.

(a) The commissioner may adopt rules necessary to implement this chapter.

(b) The powers and duties set forth in this chapter shall be in addition to all other authority of the commissioner.

(c) The commissioner shall enforce compliance with the requirements of this chapter and rules adopted thereunder.

(d)(1) The commissioner may examine or audit any books and records of a pharmacy benefits manager providing claims processing services or other prescription drug or device services for a health benefit plan as may be deemed relevant and necessary by the commissioner to determine compliance with this chapter.

(2) Examinations conducted by the commissioner shall be pursuant to the same examination authority of the commissioner relative to insurers as provided in Chapter 2, including, but not limited to, the confidentiality of documents and information submitted as provided in Section 27-2-24; examination expenses shall be processed in accordance with Section 27-2-25; and pharmacy benefits managers shall have the same rights as insurers to request a hearing in accordance with Sections 27-2-28 et seq., and to appeal as provided in Section 27-2-32.

(e) The commissioner's examination expenses shall be collected from pharmacy benefits managers in the same manner as those collected from insurers.

(Act 2019-457, §5; Act 2021-341, §1.)


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