N.D. Cent. Code § 26.1-27.1-05: Contents of pharmacy benefits management agreement - Requirements

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 sharing of a payment received by the pharmacy benefits manager; or

c.A transaction fee based on the covered entity receiving all the benefits of a payment received by the pharmacy benefits manager.

2.The agreement between the pharmacy benefits manager and the covered entity must include a provision allowing the covered entity to have audited the pharmacy benefits manager's books, accounts, and records, including de-identified utilization information, as necessary to confirm that the benefit of a payment received by the pharmacy benefits manager is being shared as required by the contract.