C.R.S. § 10-16-1504: Applicability - exclusions.

(1) This part 15 applies to any third party that reimburses 340B covered entities or contract pharmacies in this state.

(2) Nothing in this part 15:

(a) Prohibits a third party from maintaining differential reimbursement rates for participating and nonparticipating providers, so long as the rates are not determined on the basis of a provider's status as a 340B covered entity or contract pharmacy;

(b) Affects a third party's ability to establish coverage guidelines and exclude specific drugs from its prescription drug formularies, so long as the guidelines and exclusions are not determined on the basis of a provider's status as a 340B covered entity or contract pharmacy or of a drug's status as a 340B drug; or

(c) Requires a third party to contract with a 340B covered entity or contract pharmacy for purposes of participating in the third party's network, so long as the third party's contracting decisions are not determined on the basis of a provider's status as a 340B covered entity or contract pharmacy.