Vermont § 9474 - Enforcement [Repealed effective July 1, 2029]

§ 9474. Enforcement [Repealed effective July 1, 2029]

• (a) Except as provided in subsection (d) of this section, in addition to any remedy available
  to the Commissioner under this title and any other remedy provided by law, a violation
  of this subchapter shall be considered a violation of the Vermont Consumer Protection
  Act in 9 V.S.A. chapter 63, subchapter 1. Except as provided in subsection (d) of this section, all rights,
  authority, and remedies available to the Attorney General and private parties to enforce
  the Vermont Consumer Protection Act shall be available to enforce the provisions of
  this subchapter. (b) In connection with any action for violation of the Vermont Consumer Protection Act,
  the Commissioner’s determinations concerning the interpretation and administration
  of the provisions of this subchapter and any rules adopted pursuant to this subchapter
  shall carry a presumption of validity. The Attorney General and the Commissioner shall
  consult with each other prior to the commencement of any investigation or enforcement
  action with respect to any pharmacy benefit manager. (c) The Commissioner may investigate, examine, or otherwise enforce a violation of this
  subchapter by a pharmacy benefit manager under section 9412 of this title as if the pharmacy benefit manager were a health insurer. (d) The Commissioner shall have the exclusive authority to investigate, examine, and otherwise
  enforce the provisions of this subchapter relating to a pharmacy benefit manager in
  connection with the pharmacy benefit manager’s contractual relationship with, and
  any other activity with respect to, a health insurer defined by subdivision 9471(2)(A) of this title. (e) Notwithstanding any provision of this section to the contrary, the Commissioner and
  the Attorney General may bring a joint enforcement action against any person or entity
  for a violation of this subchapter. (Added 2007, No. 80, § 8; amended 2007, No. 89 (Adj. Sess.), § 6; 2013, No. 144 (Adj. Sess.), § 13, eff. May 27, 2014; 2017, No. 113 (Adj. Sess.), § 110; 2023, No. 6, § 241, eff. July 1, 2023; repealed by 2023, No. 127 (Adj. Sess.), § 4(a)(2), eff. July 1, 2029.) § 9474. Repealed. 2023, No. 127 (Adj. Sess.), § 4(a)(2), eff. July 1, 2029. (Added 2007, No. 80, § 8; amended 2007, No. 89 (Adj. Sess.), § 6; 2013, No. 144 (Adj. Sess.), § 13, eff. May 27, 2014; 2017, No. 113 (Adj. Sess.), § 110; 2023, No. 6, § 241, eff. July 1, 2023; repealed by 2023, No. 127 (Adj. Sess.), § 4(a)(2), eff. July 1, 2029.)