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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-35 SO AS TO PROHIBIT A PHARMACY BENEFITS MANAGER FROM DISCRIMINATING WHEN CONTRACTING WITH PHARMACIES ON THE BASIS OF CO-PAYMENTS OR DAYS OF SUPPLY, TO REQUIRE A CONTRACT TO APPLY THE SAME COINSURANCE, CO-PAYMENT, AND DEDUCTIBLE TO COVERED PRESCRIPTIONS FILLED BY ANY PHARMACY, AND TO DEFINE "PHARMACY BENEFITS MANAGER".
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 71, Title 38 of the 1976 Code is amended by adding:
"Section 38-71-35. (A) A pharmacy benefits manager may not discriminate when contracting with pharmacies on the basis of co-payments or days of supply. A contract shall apply the same coinsurance, co-payment, and deductible to covered drug prescriptions filled ay any pharmacy, including a mail-order pharmacy or pharmacist who participates in the network.
(B) As used in this section, 'pharmacy benefits manager' means a person, business, or other entity that performs pharmacy benefits management. The term includes a person or entity acting for a pharmacy benefits manager in a contractual or employment relationship in the performance of pharmacy benefits management for a covered entity and includes mail-order pharmacy."
SECTION 2. This act takes effect upon approval by the Governor.
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