Title 26.1 — Insurance
118 chapters · 1,472 sections in this title.
N.D.C.C. § 26.1-27.1-01 Definitions
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In this chapter, unless the context otherwise requires: 1. "Covered entity" means a nonprofit hospital or a medical service corporation; a health insurer; a health benefit plan; a health maintenance organization; a health program administered by the state in the capacity of provi…
N.D.C.C. § 26.1-27.1-02 Licensing - Terms and fee - Application
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1. A person may not establish or operate as a pharmacy benefits manager in this state without first obtaining a license from the commissioner under this section. A person violating this subsection is guilty of a class C felony. 2. A person applying for a pharmacy benefits manager…
N.D.C.C. § 26.1-27.1-03 Disclosure requirements
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1. A pharmacy benefits manager shall disclose to the commissioner any ownership interest of any kind with: a. Any insurance company responsible for providing benefits directly or through reinsurance to any plan for which the pharmacy benefits manager provides services. b. Any par…
N.D.C.C. § 26.1-27.1-04 Prohibited practices
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1. A pharmacy benefits manager shall comply with sections 19-02.1-01, 19-02.1-02, 19-02.1-14.2, 19-02.1-16, 19-02.1-16.1, 19-02.1-16.2, 19-02.1-16.3, 19-02.1-16.4, 19-02.1-16.5, and 19-02.1-16.6 in chapter 19-02.1. 2. A pharmacy benefits manager may not require a pharmacist or ph…
N.D.C.C. § 26.1-27.1-05 Contents of pharmacy benefits management agreement - Requirements
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1. A pharmacy benefits manager shall offer to a covered entity options for the covered entity to contract for services that must include: a. A transaction fee without a sharing of a payment received by the pharmacy benefits manager; b. A combination of a transaction fee and a sha…
N.D.C.C. § 26.1-27.1-06 Examination of insurer-covered entity
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1. During an examination of a covered entity as provided for in chapter 26.1-03, 26.1-17, or 26.1-18.1, the commissioner shall examine any contract between the covered entity and a pharmacy benefits manager and any related record to determine if the payment received by the pharma…
N.D.C.C. § 26.1-27.1-07 Rulemaking authority
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The commissioner shall adopt rules as necessary to implement this chapter.
N.D.C.C. § 26.1-27.1-08 Enforcement
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1. All powers granted to the commissioner under title 26.1 and chapter 28-32 are available in enforcing chapter 26.1-27.1, including subpoena power. 2. This section does not limit the attorney general from investigating and prosecuting violations of the law. 3. This section does …
N.D.C.C. § 26.1-27.1-09 Administrative penalties
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1. A pharmacy benefits manager found to be in violation of this chapter or any rules adopted under this chapter is subject to: a. A monetary penalty of up to ten thousand dollars per violation; b. Suspension or revocation of license; and c. A civil penalty of up to fifty thousand…
N.D.C.C. § 26.1-27.1-10 Proceedings by commissioner - Service of process - Procedure
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The commissioner shall serve process upon any licensee in any action or proceeding instituted by the commissioner under this chapter by electronic mail to the electronic mail address maintained in section 26.1-27.1-02 or by United States mail to the licensee at the licensee's las…