Alabama § 27-45A-5 - Powers of the Commissioner.

§ 27-45A-5. Powers of the Commissioner.

(a) It shall be the responsibility of the commissioner to enforce this chapter and any conduct arising from any action taken by a pharmacy benefits manager or PBM affiliate pursuant to an audit conducted under Article 8, Chapter 23, Title 34, which violates this chapter.

(b) The commissioner shall adopt rules necessary to implement and enforce this chapter, both independently and in conjunction with the conduct of an audit by a pharmacy benefits manager or PBM affiliate under Article 8, Chapter 23, Title 34, to include the authority to set a complaint filing fee of no more than one hundred dollars ($100) to be paid by a pharmacy or pharmacist with any complaint alleging a violation of Article 8, Chapter 23, Title 34, which fee shall be repaid to the complaining pharmacy or pharmacist by the pharmacy benefits manager or PBM affiliate in the event the violation is proven. The commissioner may waive the complaint filing fee at his or her discretion.

(c) The commissioner shall set and impose civil penalties of not less than one thousand dollars ($1,000) per violation for violations of this chapter, including conduct arising from an action taken by a pharmacy benefits manager or PBM affiliate pursuant to Article 8, Chapter 23, Title 34, which violates this chapter.

(d) The powers and duties set forth in this chapter shall be in addition to all other authority of the commissioner.

(e) The commissioner shall enforce compliance with the requirements of this chapter and rules adopted thereunder.

(f)(1) The commissioner may examine or audit, including on an annual basis, any books and records of a pharmacy benefits manager providing claims processing services or other prescription drug or device services for a health benefit plan as may be deemed relevant and necessary by the commissioner to determine compliance with this chapter and Article 8, Chapter 23, Title 34.

(2) Examinations conducted by the commissioner shall be pursuant to the same examination authority of the commissioner relative to insurers as provided in Chapter 2, including, but not limited to, the confidentiality of documents and information submitted as provided in Section 27-2-24; examination expenses shall be processed in accordance with Section 27-2-25; and pharmacy benefits managers shall have the same rights as insurers to request a hearing in accordance with Sections 27-2-28 et seq., and to appeal as provided in Section 27-2-32.

(3) The commissioner may contract the services of a third party to perform an examination or audit under this subsection.

(g) The commissioner’s examination expenses shall be collected from pharmacy benefits managers in the same manner as those collected from insurers.