Prohibited retaliation due to permitted disclosures [For application of this section, see 85 Del. Laws, c. 481, § 7].

18 Del. C. § 3333A., under Pharmacy Benefits Managers [For application of this chapter, see 80 Del. Laws, c. 245, §? 2].

18 Del. C. § 3333A.

§ 3333A. Prohibited retaliation due to permitted disclosures [For application of this section, see 85 Del. Laws, c. 481, § 7]. (a) A pharmacy benefits manager may not retaliate against a pharmacist or pharmacy for disclosing information in any proceeding if the pharmacist or pharmacy has reasonable cause to believe that the disclosed information is evidence of a violation of a state or federal law, rule, or regulation. Proceedings under this subsection include information disclosed as follows: (1) To a court. (2) During an administrative investigation or hearing. (3) To a legislative commission or committee. (b) A pharmacy benefits manager may not retaliate against a pharmacist or pharmacy for disclosing information to a government, regulatory, or law-enforcement agency, if the pharmacist or pharmacy has reasonable cause to believe that the disclosed information is evidence of a violation of a state or federal law, rule, or regulation. (c) A pharmacist or pharmacy shall, to the extent possible, limit the disclosure of confidential and proprietary information when making a disclosure under subsection (a) or (b) of this section. (d) Retaliatory actions against a pharmacist or pharmacy include the cancellation or restriction of, the refusal to renew, or the refusal to offer a contract solely because the pharmacy or pharmacist has done 1 or more of the following: (1) Disclosed information under subsection (a) or (b) of this section. (2) Filed complaints with a pharmacy benefits manager. (3) Filed complaints against an insurer or pharmacy benefits manager with the Department. (4) Filed an appeal with the Commissioner under § 3324A(h) of this title. (e) If a contract entered into, amended, extended, or renewed after December 31, 2026, includes a provision that prohibits a disclosure permitted under this section, that provision is against public policy and is void and unenforceable.85 Del. Laws, c. 481, § 3;