Is Your State Enforcing PBM Regulations?
NO?
You must file complaints with
your state department of insurance!
THIS IS HOW YOU DO IT.
Virtually every single state has passed some form of pharmacy benefit manager regulations over the last several years. Although there have been great strides forward with comprehensive state PBM regulations and court victories, this is all irrelevant if the state departments of insurance are not enforcing these laws.
You must be proactive and hold your insurance regulator's feet to the fire. You do that by filing complaints when the insurers/PBMs are NOT following the law in your respective state. It happens all the time (shocking, we know, PBMs not following the law). The more legitimate, factual-based complaints a department of insurance receives, the more likely it is to investigate and ENFORCE the law.
How to use this resource to file a complaint:
1) Go to the link for your state below. It includes information on the state's PBM laws and a link to the state's department of insurance complaint form.
2) Check NCPA's state law tracker (includes state-by-state PBM laws).
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What are the laws in your state(s)?
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Are insurers/PBMs in compliance?
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If the answer is “no” then move on to step three.
3) Find the link to your state department of insurance's complaint form. NCPA has provided a link to all state complaint forms.
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Not all states will have a specific PBM complaint form so it's OK to use the general consumer health insurance complaint form.
4) Fill out the complaint form (most state have online and hard copy options).
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Include a clear and concise description of the insurer/PBM's non-compliance (i.e., state law prohibits clawbacks and PBMs continue to claw back funds after the point of sale).
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Cite the specific state statute (which is included on the state law tracker).
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Include records/claim/other evidence of the PBMs' violations.
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Include all other information required by your respective state's complaint form.
Remember: When it comes to filing complaints, quantity and quality are equally important. The number of complaints matters as does the quality of the complaint, meaning it's important to have evidence/supporting documents included with your complaint.
Should you have any questions about filing, please feel to reach out to Anne Cassity or Joel Kurzman. Also, your state pharmacy association is always a great resource for these issues.
Note — state departments of insurance have regulatory authority over commercial insurers/claims. Any complaints against PBMs operating in the state Medicaid managed care program will generally have to be filed with the state Medicaid/health agency.
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Alabama
PBM licensure/registration requirement
Licensure (Ala. Code 27-45A-4)
Fair pharmacy audit procedures
Ala. Code 34-23-180 through -187
Any Willing Pharmacy
Ala. Code 27-45-3 and 27-45A-10
Prohibitions against PBMs reimbursing PBM-affiliated pharmacies at higher rates than non-affiliated pharmacies
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Alaska
PBM licensure/registration requirement
Registration (Alaska Stat. 21.27.901)
Fair pharmacy audit procedures
Alaska Stat. 21.27.910 through .940
Requirement for reimbursement appeal procedure
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Arizona
PBM licensure/registration requirement
Certification - ARS 20-3333 and 20-3334 (Note: effective after December 31, 2024)
Prohibition against adjudication fees
Fair pharmacy audit procedures
ARS 20-3321 through -3324
Prohibition against anti-mandatory mail-order
Requirement for reimbursement appeal procedure
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Arkansas
PBM licensure/registration requirement
Licensure (Ark. Code 23-92-504)
Prohibition against retroactive claim adjustments
Ark. Code 23-92-506 (c)(1)-(3)
Prohibition against adjudication fees
Fair pharmacy audit procedures
Prohibition against anti-mandatory mail-order
Ark. Code 23-92-603
Any Willing Pharmacy
Requirement for reimbursement appeal procedure
Requirements that reimbursement appeals apply to non-MAC reimbursements
Limits on accreditation requirements stricter than state standards
Protections from below-cost reimbursements
Prohibitions against PBMs reimbursing PBM-affiliated pharmacies at higher rates than non-affiliated pharmacies
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California
PBM licensure/registration requirement
Registration (Cal. HSC 1385.004)
Fair pharmacy audit procedures
Prohibition against anti-mandatory mail-order
Requirement for reimbursement appeal procedure
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Colorado
PBM licensure/registration requirement
Registration (CRS 10-16-122.1(2.5))
Prohibition against retroactive claim adjustments
Prohibition against adjudication fees
Fair pharmacy audit procedures
Anti-mandatory mail order
Any Willing Pharmacy
Requirement for reimbursement appeal procedure
Prohibitions against arbitrary accreditation requirements
Prohibitions against PBMs reimbursing PBM-affiliated pharmacies at higher rates than non-affiliated pharmacies
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Connecticut
PBM licensure/registration requirement
Registration (Ct. Stat. 38a-479bbb)
Prohibition against retroactive claim adjustments
Fair pharmacy audit procedures
Prohibition against anti-mandatory mail-order
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Delaware
PBM licensure/registration requirement
Registration (Del. Code Tit. 18 Ch. 33A Subch. V)
Fair pharmacy audit procedures
Del. Code Tit. 18 Ch. 33A Subch. I
Prohibition against anti-mandatory mail-order
Any Willing Pharmacy
Requirement for reimbursement appeal procedure
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Florida
PBM licensure/registration requirement
Certification Fla. Stat. 626.8805
Prohibition against retroactive claims adjustments
Prohibition against adjudication fees
Fair pharmacy audit procedures
Anti-mandatory mail order
Requirement for reimbursement appeal procedure
Prohibition against arbitrary accreditation requirements
Prohibition of patient steering
Complaints on issues regarding PBMs can be made to the Department of Financial Services (DFS), Division of Consumer Services by emailing [email protected]. For more information, please visit the DFS Consumer Services website here.
Complaints on PBM issues regarding Florida Medicaid providers should be submitted to the Agency for Health Care Administration (AHCA). More information is available on AHCA's website here.
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Georgia
PBM licensure/registration requirement
Licensure (OCGA 33-64-2)
Prohibition against retroactive claim adjustments
Prohibition against adjudication fees
Fair pharmacy audit procedures
Prohibition against anti-mandatory mail-order
Any Willing Pharmacy
Requirement for reimbursement appeal procedure
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Hawaii
PBM licensure/registration requirement
Registration (HRS 431S-3)
Prohibition against anti-mandatory mail-order
Any Willing Pharmacy
Requirement for reimbursement appeal procedure
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Idaho
PBM licensure/registration requirement
Registration (Id. Stat. 41-349 (b)(2))
Prohibition against retroactive claim adjustments
Fair pharmacy audit procedures
Id. Stat. 41-6601 thru 6605
Any Willing Pharmacy
Requirement for reimbursement appeal procedure
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Illinois
PBM licensure/registration requirement
Registration (215 ILCS 5/513b2)
Any Willing Pharmacy
Requirement for reimbursement appeal procedure
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Indiana
PBM licensure/registration requirement
Licensure (IC 27-1-24.5-18)
Prohibition against retroactive claim adjustments
IC 27-1-24.5-19 (b)(3) and (4)
Fair pharmacy audit procedures
Any Willing Pharmacy
Requirement for reimbursement appeal procedure
Requirements that reimbursement appeals apply to non-MAC reimbursements
Limits on accreditation requirements stricter than state standards
Prohibitions against PBMs reimbursing PBM-affiliated pharmacies at higher rates than non-affiliated pharmacies
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Iowa
PBM licensure/registration requirement
Certificate (IC 510B.2)
Fair pharmacy audit procedures
IC 510B.3 and Iowa Admin. Code r. 191-59.4
Requirement for reimbursement appeal procedure
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Kansas
PBM licensure/registration requirement
Registration (KSA 40-3823)
Fair pharmacy audit procedures
Prohibition against anti-mandatory mail-order
Requirement for reimbursement appeal procedure
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Kentucky
PBM licensure/registration requirement
Fair pharmacy audit procedures
Prohibition against anti-mandatory mail-order (only applies to state employee plan)
Any Willing Pharmacy
Requirement for reimbursement appeal procedure
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Louisiana
PBM licensure/registration requirement
Licensure LRS 22:1657(A)
Prohibition against retroactive claim adjustments
Prohibition against adjudication fees
Fair pharmacy audit procedures
Prohibition against anti-mandatory mail-order
Any Willing Pharmacy
Requirement for reimbursement appeal procedure
Requirements that reimbursement appeals apply to non-MAC reimbursements (defines MAC as ANY term that a pharmacy benefit manager or a healthcare insurer may use to establish reimbursement rates for generic and multi-source brand drugs
LRS 22:1863(2) and LRS 22:1865
Limits on accreditation requirements stricter than state standards
Protections from below-cost reimbursements
Prohibitions against PBMs reimbursing PBM-affiliated pharmacies at higher rates than non-affiliated pharmacies
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Maine
PBM licensure/registration requirement
Licensure (MRS 24-A, 4348)
Prohibition against retroactive claim adjustments
Prohibition against adjudication fees
Fair pharmacy audit procedures
Any Willing Pharmacy
Requirement for reimbursement appeal procedure
Requirement for reimbursement appeal procedure
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Maryland
PBM licensure/registration requirement
Registration (Md. Code, Ins. 15-1604)
Prohibition against retroactive claim adjustments
Prohibition against adjudication fees
Fair pharmacy audit procedures
Prohibition against anti-mandatory mail-order
Requirement for reimbursement appeal procedure
Requirements that reimbursement appeals apply to non-MAC reimbursements
Prohibitions against PBMs reimbursing PBM-affiliated pharmacies at higher rates than non-affiliated pharmacies
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Massachusetts
PBM licensure/registration requirement
Licensure (Mass. Gen. Law Part I, Tit. XXII, Ch. 1760, Sec. 21)
Fair pharmacy audit procedures
Any Willing Pharmacy
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Michigan
*Note: the provisions of Michigan HB 4348 (2022) become effective on January 1, 2024.
PBM licensure/registration requirement
Licensure (HB 4348 (2022), Sec. 11
Prohibition against retroactive claim adjustments
Prohibition against adjudication fees
Fair pharmacy audit procedures
Requirement for reimbursement appeal procedure
From the Department of Insurance and Financial Services' PBM Web Page.
We encourage consumers and pharmacies to first attempt to resolve their disputes directly with the PBM. If a resolution cannot be reached, our office can help try to resolve your dispute. Our Call Center Specialists are available to help you Monday through Friday, from 8 a.m. to 5 p.m. at 877-999-6442.
Complaints can be submitted in the following ways:
- Online: www.michigan.gov/DIFSComplaints
- Email: [email protected]
- Fax: 517-284-8837
- Mail: Department of Insurance and Financial Services
Office of Consumer Services
PO Box 30220
Lansing, MI 48909 - If you are unable to file a complaint online, you may obtain a copy of the complaint form and mail, email, or fax it to DIFS.
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Minnesota
PBM licensure/registration requirement
Licensure (Minn. Stat. 62W.03)
Prohibition against retroactive claim adjustments
Fair pharmacy audit procedures
Prohibition against anti-mandatory mail-order
Minn. Stat. 62W.07 (b) and (c)
Requirement for reimbursement appeal procedure
Limits on accreditation requirements stricter than state standards
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Mississippi
PBM licensure/registration requirement
Licensure (Miss. Code 73-21-157)
Prohibition against retroactive claim adjustments
Miss. Code 73-21-155
Fair pharmacy audit procedures
Miss. Code 73-21-183
Prohibition against anti-mandatory mail-order
Miss. Code 83-9-6
Any Willing Pharmacy
Miss. Code 83-9-6
Requirement for reimbursement appeal procedure
Miss. Code 73-21-156
Limits on accreditation requirements stricter than state standards
Miss. Code 73-21-157
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Missouri
PBM licensure/registration requirement
Licensure (Mo. Rev. Stat. 376.393)
Prohibition against adjudication fees
Fair pharmacy audit procedures
Requirement for reimbursement appeal procedure
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Montana
PBM licensure/registration requirement
Licensure (Ch. 501 (2021), Sec. 3)
Prohibition against adjudication fees
MCA 33-22-175
Fair pharmacy audit procedures
MCA 22-2
Prohibition against anti-mandatory mail-order
Mont. Code 2-18-704 and 39-71-727
Requirement for reimbursement appeal procedure
MCA 33-22-173
Limits on accreditation requirements stricter than state standards
MCA 33-22-177
Protections from below-cost reimbursements
MCA 33-22-174
- Nebraska
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Nevada
No PBM regulations at this time.
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New Hampshire
PBM licensure/registration requirement
Registration (N.H. Rev. Stat. 402-N:2)
Prohibition against retroactive claim adjustments
N.H. Rev. Stat. 402-N:4
Fair pharmacy audit procedures
N.H. Rev. Stat. 318:62
Prohibition against anti-mandatory mail-order
N.H. Rev. Stat. 420-J:7-b
Any Willing Pharmacy
N.H. Rev. Stat. 420-B:12
Requirement for reimbursement appeal procedure
N.H. Rev. Stat 402-N:3
Limits on accreditation requirements stricter than state standards
N.H. Rev. Stat 402-N:3
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New Jersey
PBM licensure/registration requirement
Licensure - 2023 A 536/2841 (effective January 1, 2025)
Prohibition against retroactive claim adjustments
N.J. Stat. 17B:27F-7
Any Willing Pharmacy
N.J. Stat. 17:48-6j
Prohibition against anti-mandatory mail-order
N.J. Stat. 17:48-6j
Requirement for reimbursement appeal procedure
N.J. Stat. 17B:27F-4
Requirements that reimbursement appeals apply to non-MAC reimbursements
N.J. Stat. 17B:27F-4
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New Mexico
PBM licensure/registration requirement
Licensure (NMSA 59A-61-3)
Prohibition against retroactive claim adjustments
NMSA 59A-61-6
Prohibition against adjudication fees
NMSA 59A-61-7
Fair pharmacy audit procedures
NMSA 61-11-18.2
Requirement for reimbursement appeal procedure
NMSA 59A-61-4
Limits on accreditation requirements stricter than state standards
NMSA 59A-61-5
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New York
Fair pharmacy audit procedures
NY Pub. Health Law 280-c
Prohibition against anti-mandatory mail-order
NY Ins. Law 3216
Requirement for reimbursement appeal procedure
NY Pub. Health Law 280-a
Requirement for reimbursement appeal procedure
NY Pub. Health Law 280-a
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North Carolina
Prohibition against adjudication fees
NC Gen. Stat. 58-56A-4
Fair pharmacy audit procedures
NC Gen. Stat. 90-85.50 through 90-85.52
Prohibition against anti-mandatory mail-order
N.C. Gen. Stat. 58-51-37
Any Willing Pharmacy
NC Gen. Stat. 58-51-37
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North Dakota
PBM licensure/registration requirement
Licensure (ND Code 26.1-27.1-2)
Prohibition against adjudication fees
ND Code 19-02.1-16.1 and 19-02.1-16.5
Fair pharmacy audit procedures
ND Code 19-03.6-02
Prohibition against anti-mandatory mail-order
ND Cent. Code 19-02.1-16.2
Any Willing Pharmacy
ND Code 26.1-27.1-4
Requirement for reimbursement appeal procedure
ND 19-02.1-14.2
Limits on accreditation requirements stricter than state standards
ND Code 19-02.1-16.1
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Ohio
Prohibition against retroactive claim adjustments
ORC 3959.20
Prohibition against adjudication fees
ORC 3959.20
Fair pharmacy audit procedures
ORC 3901.81 through 3901.815
Requirement for reimbursement appeal procedure
ORC 3959.111
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Oklahoma
PBM licensure/registration requirement
Licensure (Okla. Stat. 59-358)
Prohibition against retroactive claim adjustments
Okla. Stat. 36-6962
Prohibition against adjudication fees
Okla. Stat. 36-6962
Fair pharmacy audit procedures
Okla. Stat. 59-356
Prohibition against anti-mandatory mail-order
Okla. Stat. 36-6963
Any Willing Pharmacy
Okla. Stat. 36-6962
Requirement for reimbursement appeal procedure
Okla. Stat. 59-360
Limits on accreditation requirements stricter than state standards
Okla. Stat. 59-360
Protections from below-cost reimbursements
Okla. Stat. 59-360
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Oregon
PBM licensure/registration requirement
Registration (ORS 735.532)
Prohibition against retroactive claim adjustments
Fair pharmacy audit procedures
ORS 735.540 through 735.552
Prohibition against anti-mandatory mail-order
Requirement for reimbursement appeal procedure
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Pennsylvania
PBM licensure/registration requirement
Registration (40 P.S. 4521)
Fair pharmacy audit procedures
40 P.S. 4511
Prohibition against anti-mandatory mail-order
40 P.S. 764l
Requirement for reimbursement appeal procedure
40 P.S. 4533
Complains be submitted on the Consumer Services webpage.
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Rhode Island
PBM licensure/registration requirement
Certification (R.I. Gen. Laws 27-20.7-12)
Fair pharmacy audit procedures
R.I. Gen. Laws 5-19.1-35
Any Willing Pharmacy
R.I. Gen. Laws 27-29.1-5
Requirement for reimbursement appeal procedure
R.I. Gen. Laws 27-19-26.2
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South Carolina
PBM licensure/registration requirement
Licensure (S.C. Laws 38-71-2210)
Prohibition against retroactive claim adjustments
S.C. Laws 38-71-2230
Prohibition against adjudication fees
S.C. Laws 38-71-2150 and 38-71-2230
Fair pharmacy audit procedures
S.C. Laws 38-71-1810 through -1830
Prohibition against anti-mandatory mail-order
S.C. Laws 38-71-2230
Any Willing Pharmacy
S.C. Laws 38-71-147
Requirement for reimbursement appeal procedure
S.C. Laws 38-71-2140 and 38-71-2240
Prohibitions against arbitrary accreditation requirements
Prohibition of patient steering
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South Dakota
PBM licensure/registration requirement
Licensure S.D. Laws 58-29E-2
Prohibition against retroactive claim adjustments
Prohibition against adjudication fees
Fair pharmacy audit procedures
Prohibition against anti-mandatory mail-order
Any Willing Pharmacy
Not less reimbursement than PBM-owned pharmacies
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Tennessee
PBM licensure/registration requirement
Licensure (Tenn. Laws 56-7-3113)
Prohibition against adjudication fees
Tenn. Laws 56-7-3115
Fair pharmacy audit procedures
Tenn. Laws 56-7-3103
Prohibition against anti-mandatory mail-order
Tenn. Laws 56-7-117
Any Willing Pharmacy
Tenn. Laws 56-7-2359
Requirement for reimbursement appeal procedure
Tenn. Laws 56-7-3108
Requirement for reimbursement appeal procedure
Tenn. Laws 56-7-3118
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Texas
Prohibition against retroactive claim adjustments
Tex. Ins. Code 1369.553
Prohibition against adjudication fees
Tex. Ins. Code 1369.402
Fair pharmacy audit procedures
Tex. Ins. Code 1369.254 through .266
Prohibition against anti-mandatory mail-order
Tex. Ins. Code 1560.003
Any Willing Pharmacy
**Tex. Ins. Code 21.52B
Requirement for reimbursement appeal procedure
Tex. Ins. Code 1369.357
Limits on accreditation requirements stricter than state standards
Tex. Ins. Code 1369.558
Prohibitions against PBMs reimbursing PBM-affiliated pharmacies at higher rates than non-affiliated pharmacies
Tex. Ins. Code 1369.554
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Utah
PBM licensure/registration requirement
Licensure (Ut. Code 31A-46-201)
Prohibition against retroactive claim adjustments
Ut. Code 31A-46-304
Fair pharmacy audit procedures
Ut. Code 58-17b-622
Requirement for reimbursement appeal procedure
Ut. Code 31A-46-303
Prohibitions against PBMs reimbursing PBM-affiliated pharmacies at higher rates than non-affiliated pharmacies
Ut. Code 31A-46-305
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Vermont
PBM licensure/registration requirement
Registration (18 VSA 9421)
Fair pharmacy audit procedures
18 VSA 3802
Prohibition against anti-mandatory mail-order
8 VSA 4089j
Requirement for reimbursement appeal procedure
18 VSA 9473
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Virginia
PBM licensure/registration requirement
Licensure (Va. Code 38.2-3466)
Prohibition against adjudication fees
Va. Code 38.2-3467
Fair pharmacy audit procedures
Va. Code 38.2-3407.15:1
Any Willing Pharmacy
Va. Code 38.2-4312.1
Requirement for reimbursement appeal procedure
Va. Code 38.2-3407.15:3
Limits on accreditation requirements stricter than state standards
Va. Code 38.2-3467
Prohibitions against PBMs reimbursing PBM-affiliated pharmacies at higher rates than non-affiliated pharmacies
Va. Code 38.2-3467
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Washington
PBM licensure/registration requirement
Registration (RCW 19.340.030)
Fair pharmacy audit procedures
RCW 19.340.040
Requirement for reimbursement appeal procedure
RCW 19.340.100
Prohibitions against PBMs reimbursing PBM-affiliated pharmacies at higher rates than non-affiliated pharmacies
RCW 19.240.100
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West Virginia
PBM licensure/registration requirement
Licensure (WV Code 33-51-8)
Prohibition against adjudication fees
WV Code 33-51-9
Fair pharmacy audit procedures
WV Code 33-51-4
Prohibition against anti-mandatory mail-order
WV Code 33-51-8
Any Willing Pharmacy
WV Code 33-51-11
Prohibitions against PBMs reimbursing PBM-affiliated pharmacies at higher rates than non-affiliated pharmacies
WV Code 33-51-9
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Wisconsin
PBM licensure/registration requirement
Licensure (Wis. Stat. 632.865)
Prohibition against retroactive claim adjustments
Wis. Stat. 632.865
Fair pharmacy audit procedures
Wis. Stat. 632.865
Prohibition against anti-mandatory mail-order
Wis. Stat. 632.86
Any Willing Pharmacy
Wis. Stat. 632.86
Requirement for reimbursement appeal procedure
Wis. Stat. 632.865
Limits on accreditation requirements stricter than state standards
Wis. Stat. 632.865
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Wyoming
PBM licensure/registration requirement
Licensure (Wyo. Stat. 26-52-101)
Fair pharmacy audit procedures
Wyo. Stat. 26-52-103
Any Willing Pharmacy
Wyo. Stat. 26-22-503
Requirement for reimbursement appeal procedure
Wyo. Stat. 26-52-104