{"data":{"id":"us-nm/59a-61-9","jurisdiction":"us-nm","citation":"59A-61-9","heading":"Prohibition on discrimination against a covered entity.","body":"A. As used in this section:\n(1) \"340B drug\" means a drug that is purchased at a discount in accordance with the 340B program requirements;\n(2) \"340B program\" means the federal drug pricing program created pursuant to 42 U.S.C. Section 256b;\n(3) \"covered entity\" means an entity participating in the 340B program; and\n(4) \"pharmacy benefits manager\" means an entity that provides pharmacy benefits management services.\nB. A pharmacy benefits manager or a third party shall not discriminate against a covered entity on the basis of its participation in the 340B program by:\n(1) reimbursing a covered entity for a 340B drug at a rate lower than that paid for the same drug to pharmacies, similar in prescription volume, that are non-covered entities;\n(2) assessing a fee, chargeback or other adjustment to the covered entity that is not assessed to non-covered entities;\n(3) imposing a provision that prevents or interferes with a person's choice to receive 340B drugs from a covered entity; or\n(4) imposing terms or conditions that differ from terms or conditions imposed on a non-covered entity, including:\n(a) restricting or requiring participation in a pharmacy network;\n(b) requiring more frequent auditing or a broader scope of audit for inventory management systems using generally accepted accounting principles;\n(c) requiring a covered entity to reverse, resubmit or clarify a claim after the initial adjudication, unless these actions are in the normal course of pharmacy business and not related to the 340B program; or\n(d) charging an additional fee or provision that prevents or interferes with an individual's choice to receive a 340B drug from a covered entity.","path":["Chapter 59A - Insurance Code","ARTICLE 61 Pharmacy Benefits Manager Regulation"],"source_url":"https://nmonesource.com/nmos/nmsa-unanno/en/item/18562/index.do","current_through":"2026-07-01","vintage":"","retrieved_at":"2026-09-03T15:02:20Z","sha256":"d1bc9785abdfbe7fbe6f6e4e3af9e4719f0f400b27042ce92e76b8e5821a7038","source_id":"us-nm","stale":false,"prev":"us-nm/59a-61-8","next":"us-nm/59a-62-1"},"notice":"GroundRules: Original legal text. Not legal advice."}