TITLE 18

Insurance Code

Insurance

CHAPTER 33A. Pharmacy Benefits Managers [For application of this chapter, see 80 Del. Laws, c. 245, §  2]

Subchapter III. Permitted Disclosures Related to Prescription Drugs [For application of this subchapter, see 81 Del. Laws, c. 378, § 2].

81 Del. Laws, c. 378, § 1
§ 3331A. Definitions [For application of this section, see 81 Del. Laws, c. 378, § 2; and 83 Del. Laws, c. 256, § 15].

For purposes of this subchapter:

(1) “Pharmacist” means as defined in § 2502 of Title 24.

(2) “Pharmacy” means as defined in § 2502 of Title 24.

(3) “Pharmacy benefit manager” means as defined under § 3302A of this title.

(4) “Substitute” means as defined in § 2502 of Title 24.

81 Del. Laws, c. 378, § 183 Del. Laws, c. 256, § 6

§ 3332A. Permitted disclosures related to prescription drugs [For application of this section, see 81 Del. Laws, c. 378, § 2; and 81 Del. Laws, c. 256, §  15].

A contract between a pharmacy benefits manager and a pharmacy may not prohibit a pharmacy or pharmacist from doing any of the following:

(1) Providing a patient with information regarding the retail price of a prescription drug or the amount of the cost share for which the patient is responsible for a prescription drug.

(2) Discussing with a patient information regarding the retail price of a prescription drug or the amount of the cost share for which the patient is responsible for a prescription drug.

(3) If a more affordable substitute is available, selling the more affordable substitute to the patient.

81 Del. Laws, c. 378, § 183 Del. Laws, c. 256, § 7