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(b) Administers or manages prescription drug benefits provided to an insured.
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1(c) Performs any of the following services with regard to the administration of
2pharmacy benefits:
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1. Mail service pharmacy.
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2. Claims processing or retail network management and payment of claims to
5pharmacies for prescription drugs dispensed to an insured.
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3. Clinical formulary development and management services.
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4. Prescription drug rebate contracting and administration.
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5. Patient compliance, therapeutic intervention, and generic substitution
9programs.
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6. Disease management programs.
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11(2) “Prescription drug” has the meaning given in s. 450.01 (20).
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12(3) “Registrant" means a pharmacy benefit manager that is registered under
13this chapter.
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14649.05 Registration of pharmacy benefit managers.
(1) (a) Except as
15provided in par. (b), no person may perform any activities of a pharmacy benefit
16manager in this state without first registering with the commissioner under this
17chapter.
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(b) A pharmacy benefit manager who is an insurer with a current certificate
19of authority issued under s. 601.04 is not required to register under this section.
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(c) 1. Any pharmacy benefit manager that is required to obtain a license under
21s. 450.06, 450.065, or 450.071 shall also register under this chapter.
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2. If the pharmacy examining board revokes a license that had been granted
23under s. 450.06, 450.065, or 450.071 to a registrant, the registrant shall notify the
24commissioner of the revocation. The commissioner shall revoke the registration
25under this chapter.
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1(2) An applicant for registration as a pharmacy benefit manager shall do all
2of the following:
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(a) File with the commissioner an application on a form that the commissioner
4provides.
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(b) Pay any registration fee set by the commissioner.
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6(3) The commissioner shall register any pharmacy benefit manager that meets
7the requirements of this chapter and any requirements the commissioner requires
8of applicants. Registration under this section is valid for one year unless registration
9is suspended or revoked. The commissioner may refuse to register any pharmacy
10benefit manager for which a previous registration was suspended or revoked.
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11649.10 Powers of the commissioner. The commissioner may do any of the
12following:
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13(1) Promulgate rules necessary to carry out the intent of this chapter.
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14(2) Use authority granted under ss. 601.41, 601.42, 601.43, 601.44, 601.61,
15601.62, 601.63, and 601.64 to enforce this chapter.
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16649.20 Suspension or revocation of registration; penalty. (1) The
17commissioner, after a hearing, may suspend or revoke the registration of a
18registrant, if the registrant or an officer, director, or employee of the registrant does
19any of the following:
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(a) Knowingly makes or causes to be made a false statement or
21misrepresentation of a material fact in an application for registration under s.
22649.05.
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(b) Obtains or attempts to obtain a registration under s. 649.05 through
24misrepresentation or fraud.
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1(c) Misappropriates or converts to the registrant's own use or improperly
2withholds insurance premiums or contributions held in a fiduciary capacity, except
3for any interest earnings received by the pharmacy benefit manager and disclosed
4to the entity with which it has a contract to provide services.
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(d) Commits fraudulent, coercive, or dishonest practices in the transaction of
6business as a pharmacy benefit manager.
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(e) Has a license or registration suspended, revoked, or not renewed in any
8other state, district, territory, or province that impacts business conducted in this
9state.
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(f) Knowingly violates a requirement of this chapter or a rule promulgated
11under this chapter.
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12(2) Any person who performs activities of a pharmacy benefit manager in this
13state without a valid registration under s. 649.05 is subject to a forfeiture of $500 for
14each day of violation.
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15Section
3.
Effective date.
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(1)
This act takes effect on the first day of the 7th month beginning after
17publication.
