TITLE XXXVII
INSURANCE

CHAPTER 402-N
PHARMACY BENEFITS MANAGERS

Section 402-N:2

    402-N:2 Registration to do Business; Rulemaking; Penalties. –
I. A person or organization shall not establish or operate as a pharmacy benefits manager in this state for health benefit plans without registering with the insurance commissioner under this chapter.
II. The commissioner shall adopt rules pursuant to RSA 541-A relative to:
(a) Prescribing the application format for registration as a pharmacy benefits manager, including a requirement to submit the registrant's corporate charter, articles of incorporation, or other formation documents.
(b) Establishing application fees and renewal fees, not to exceed $500 per year.
(c) Delineating procedures for handling consumer complaints and coordinating with the department's consumer services unit, including supplying designated contact information to enable the department to reach the pharmacy benefits manager regarding consumer complaints.
III. If the commissioner finds after notice and hearing that any person has violated any provision of this chapter, or rules adopted pursuant to this chapter, the commissioner may order:

[Paragraph III(a) effective until January 1, 2027; see also paragraph III(a) set out below.]


(a) For each separate violation, a penalty in the amount of $2,500.

[Paragraph III(a) effective January 1, 2027; see also paragraph III(a) set out above.]


(a) An administrative fine not to exceed $5,000 per violation.
(b) Revocation or suspension of the pharmacy benefits manager registration.

Source. 2019, 320:2, eff. Jan. 1, 2020. 2026, 297:12, eff. Jan. 1, 2027.