{"data":{"id":"us-de/18-del.-c.-3333a","jurisdiction":"us-de","citation":"18 Del. C. § 3333A","heading":"Prohibited retaliation due to permitted disclosures [For application of this section, see 85 Del. Laws, c. 481, § 7].","body":"(a) A pharmacy benefits manager may not retaliate against a pharmacist or pharmacy for disclosing information in any proceeding if the pharmacist or pharmacy has reasonable cause to believe that the disclosed information is evidence of a violation of a state or federal law, rule, or regulation. Proceedings under this subsection include information disclosed as follows:\n(1) To a court.\n(2) During an administrative investigation or hearing.\n(3) To a legislative commission or committee.\n(b) A pharmacy benefits manager may not retaliate against a pharmacist or pharmacy for disclosing information to a government, regulatory, or law-enforcement agency, if the pharmacist or pharmacy has reasonable cause to believe that the disclosed information is evidence of a violation of a state or federal law, rule, or regulation.\n(c) A pharmacist or pharmacy shall, to the extent possible, limit the disclosure of confidential and proprietary information when making a disclosure under subsection (a) or (b) of this section.\n(d) Retaliatory actions against a pharmacist or pharmacy include the cancellation or restriction of, the refusal to renew, or the refusal to offer a contract solely because the pharmacy or pharmacist has done 1 or more of the following:\n(1) Disclosed information under subsection (a) or (b) of this section.\n(2) Filed complaints with a pharmacy benefits manager.\n(3) Filed complaints against an insurer or pharmacy benefits manager with the Department.\n(4) Filed an appeal with the Commissioner under § 3324A(h) of this title.\n(e) If a contract entered into, amended, extended, or renewed after December 31, 2026, includes a provision that prohibits a disclosure permitted under this section, that provision is against public policy and is void and unenforceable.","path":["Title 18. Insurance Code","Part I. Insurance","Chapter 33A. Pharmacy Benefits Managers [For application of this chapter, see 80 Del. Laws, c. 245, § 2]","Subchapter III. Permitted Disclosures Related to Prescription Drugs [For application of this subchapter, see 81 Del. Laws, c. 378, § 2]."],"source_url":"https://delcode.delaware.gov/title18/title18.pdf","current_through":"2026-10-01 (85 Del. Laws, c. 550)","vintage":"","retrieved_at":"2026-10-21T05:49:49Z","sha256":"5d1f2485843de3a909191d1adf8538bfa86e7b472d4debadac7e303ab6076c51","source_id":"us-de","stale":false,"prev":"us-de/18-del.-c.-3332a","next":"us-de/18-del.-c.-3335a"},"notice":"GroundRules: Original legal text. Not legal advice."}