Identical to S384, filed 3/23/17.

Amends GS 58-56A-1 to define insured and pharmacist.

Enacts new GS 58-56A-2 (Pharmacy of choice), directing a pharmacy benefits manager to comply with pharmacy of choice requirements under GS 58-51-37.

Enacts new GS 58-56A-3 (Consumer protections). Pharmacy benefits managers may not (1) prohibit pharmacists and pharmacies from providing an insured information regarding cost share and the clinical efficacy of lower-price alternative drugs, or to penalize the pharmacist or pharmacy for doing so, (2) prohibit a pharmacist or pharmacy from offering and providing store direct delivery services to an insured, or (3) charge, or attempt to collect from, an insured a co-payment exceeding the total submitted charges by the network pharmacy for which the pharmacy is paid. Violation is an unfair and deceptive trade practice and actionable under GS Chapter 75. Does not foreclose other remedies.

Enacts new GS 58-56A-4 (Pharmacy and pharmacist protections). Pharmacy benefits managers may not (1) charge a fee, or otherwise hold a pharmacist responsible for costs relating to the adjudication of a claim, or (2) recoup funds from a pharmacy in connection with claims for which the pharmacy has already been paid without first complying with GS Chapter 58, Article 4C, unless permitted by law, or (3) retaliate against a pharmacist or pharmacy for exercising rights under GS Chapter 58. Does not apply to licensed group health maintenance organizations with an exclusive medical group contract that operates its own pharmacies. Violation is unfair and deceptive trade practice actionable under GS Chapter 75. Does not foreclose other remedies.

Directs the Commissioner of Insurance to adopt rules to implement this act.

Effective October 1, 2017, and applies to all contracts entered into, renewed, or amended on or after that date.