Application of chapter.

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This chapter does not apply to:

(1) a pharmacy holding a permit or a company that owns one or more pharmacies holding a permit issued pursuant to Chapter 43, Title 40, that offers prescription discounts only from pharmacies;

(2) a benefit or program offered by a health insurer, health care service contractor, or health maintenance organization regulated pursuant to Title 38. A health insurer, health care service contractor, or health maintenance organization regulated pursuant to Title 38 that offers a discount medical plan that is not offered in conjunction with a health insurance plan it administers shall provide the department written notice of the name under which such a discount medical plan is offered and the telephone number and mailing address at which the plan can be contacted. The notice required by this subsection shall be provided to the department within thirty days of the initial offering of new medical discount plans in this State, and within ninety days of the effective date of this chapter for existing plans;

(3) an insured benefit administered by, or under contract with, the State of South Carolina; or

(4) a patient access program voluntarily sponsored by a pharmaceutical manufacturer, or a consortium of pharmaceutical manufacturers that provides free or discounted products directly to individuals either through a discount or direct shipment.

HISTORY: 2006 Act No. 377, Section 1, eff January 1, 2007.


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