44-4611.

Act; enforcement; director; powers and duties; monetary penalty.

(1) The director shall enforce compliance with the requirements of the Pharmacy Benefit Manager Licensure and Regulation Act.

(2)(a) Pursuant to the Insurers Examination Act, the director may examine or audit the books and records of a pharmacy benefit manager providing a claims processing service or other prescription drug or device service for a health benefit plan to determine compliance with the act.

(b) Information or data acquired during an examination under subdivision (2)(a) of this section is:

(i) Considered proprietary and confidential;

(ii) Not subject to sections 84-712, 84-712.01, and 84-712.03 to 84-712.09;

(iii) Not subject to subpoena; and

(iv) Not subject to discovery or admissible as evidence in any private civil action.

(3) The director may use any document or information provided pursuant to subsection (3) or (4) of section 44-4606 in the performance of the director's duties to determine compliance with the Pharmacy Benefit Manager Licensure and Regulation Act.

(4) The director may impose a monetary penalty on a pharmacy benefit manager or the health carrier with which a pharmacy benefit manager is contracted for a violation of the Pharmacy Benefit Manager Licensure and Regulation Act. The director shall establish the monetary penalty for a violation of the act in an amount not to exceed one thousand dollars per entity for each violation.