402-N:2-a Written Agreement. –
I. No pharmacy benefits manager shall act as such without a written agreement between the pharmacy benefits manager and the health carrier. The written agreement shall be retained as part of the official records of both the health carrier and the pharmacy benefits manager for the duration of the agreement and for 5 years thereafter. The agreement shall contain all provisions required by this chapter, except insofar as those requirements do not apply to the functions performed by the pharmacy benefits manager.
II. The written agreement shall include the following:
(a) A statement of duties that the pharmacy benefits manager is expected to perform on behalf of the health carrier.
(b) A statement that the pharmacy benefits manager shall maintain and make available to the health carrier complete books and records of all transactions performed on behalf of the health carrier.
(c) The instructions for how the pharmacy benefits manager will undertake the duties delegated by the health carrier.
III. In cases in which a pharmacy benefits manager administers benefits for more than 100 covered lives in New Hampshire on behalf of the health carrier, the health carrier may, at least semi-annually, conduct an on-site or virtual audit of the operations of the pharmacy benefits manager.