31A-46-310. Prohibited actions with respect to a federally qualified health center.
(1) As used in this section, "federally qualified health center": means the same as that term is defined in 42 U.S.C. Sec. 1395x(aa)(4); and includes the pharmacy or pharmacies that are operated by or contract with a federally qualified health center described in Subsectionto dispense drugs purchased through the federally qualified health center. (1)(a)
(2) This section applies to a contract entered into or renewed on or after January 1, 2022, between an insurer and a pharmacy described in Subsection. (1)(b)
(3) An insurer may not vary the amount that the insurer reimburses to a federally qualified health center for a drug on the basis of whether: the drug is a 340B drug; or the pharmacy is a 340B entity.
(4) Subsectiondoes not apply to a drug reimbursed, directly or indirectly, by the Medicaid program. (3)
(5) An insurer or an insurer's pharmacy service entity may not: on the basis that a federally qualified health center participates, directly or through a contractual arrangement, in the 340B drug discount program: assess a fee, charge-back, or other adjustment on a federally qualified health center; restrict access to the insurer's pharmacy network; require the federally qualified health center to enter into a contract with a specific pharmacy to participate in the insurer's pharmacy network; create a restriction or an additional charge on a patient who chooses to receive drugs from a federally qualified health center; or create any additional requirements or restrictions on the federally qualified health center; or require a claim for a drug to include a modifier to indicate that the drug is a 340B drug unless the claim is for payment, directly or indirectly, by the Medicaid program.