South Carolina § 38-71-2250 - Enforcement of article; penalties.

§ 38-71-2250. Enforcement of article; penalties.

(A) The director shall enforce this article.

(B)(1) As often as the director deems appropriate, but not less frequently than once every five years, the director may examine or audit the books and records of a pharmacy benefits manager providing claims processing services or other prescription drug or device services for a health benefit plan that are relevant to determining if the pharmacy benefits manager is in compliance with this act. The pharmacy benefits manager shall pay the charges incurred in the examination, including the expenses of the director or his designee and the expenses and compensation of his examiners and assistants. The director or his designee promptly shall institute a civil action to recover the expenses of examination against a pharmacy benefits manager which refuses or fails to pay.

(2) The information or data acquired during an examination pursuant to this section is considered proprietary and confidential and is not subject to the South Carolina Freedom of Information Act.

(C) Violations of this article are subject to the penalties provided in Sections 38-2-10 through 38-2-30.

(D) The director may promulgate regulations regarding pharmacy benefits managers that are not inconsistent with this article.

HISTORY: 2019 Act No. 48 (S.359), SECTION 1, eff January 1, 2021; 2023 Act No. 30 (S.520), SECTION 2, eff January 1, 2024.

Editor's Note

2023 Act No. 30, SECTION 7, provides as follows:

"SECTION 7. This act takes effect January 1, 2024, but the recurring examinations by the Department of Insurance provided for in Sections 38-71-2250(B)(1) and 38-71-2340(B)(1) must not begin before January 1, 2025."

Effect of Amendment

2023 Act No. 30, SECTION 2, in (B)(1), in the first sentence, substituted "As often as the director deems appropriate, but not less frequently than once every five years, the director" for "The director".