{"data":{"id":"us-sd/sdcl-58-29e-15","jurisdiction":"us-sd","citation":"SDCL § 58-29E-15","heading":"Discrimination prohibited--340B entity--Exclusions.","body":"Neither a pharmacy benefit manager nor a pharmacy benefit manager affiliate may, directly or indirectly, discriminate against a 340B entity or a pharmacy under contract with a 340B entity, on the basis that the 340B entity or a pharmacy under contract with a 340B entity participates in the 340B drug discount program by imposing terms or conditions that differ from a similarly situated entity that does not participate in the 340B drug discount program.\nDiscriminatory acts include:\n(1) Reimbursing a 340B entity at a rate lower than that paid for the same drug to a pharmacy that has a similar prescription volume but is not a 340B entity;\n(2) Assessing a fee or cost, imposing a charge back, or imposing any other adjustment against a 340B entity, on the ground that the 340B entity participates in the 340B drug discount program;\n(3) Restricting access by a 340B entity to a pharmacy network on the ground that the 340B entity participates in the 340B drug discount program;\n(4) Requiring that a 340B entity contract with a specific pharmacy or health coverage plan as a condition of participating in a pharmacy network;\n(5) Imposing a new restriction or an additional charge on a patient who elects to receive a prescription drug through a 340B entity;\n(6) Restricting the method by which a 340B entity may dispense or deliver 340B drugs;\n(7) Auditing a 340B entity, as provided for under § 58-29F-1, more frequently than similarly situated entities that do not participate in the 340B drug discount program;\n(8) Refusing to provide reimbursement or coverage for 340B drugs that are part of a formulary;\n(9) Basing prescription drug benefit coverage or formulary decisions on:\n(a) The 340B status of a drug, including price or availability; or\n(b) Whether a dispensing pharmacy participates in 340B drug pricing;\n(10) Imposing on a 340B entity any requirement or restriction that interferes with the entity’s ability to maximize the value of the discounts obtained through participation in the 340B drug discount program; and\n(11) Imposing on a 340B entity any contractual terms and conditions that differ from those imposed on a similarly situated entity that is not a 340B entity.","path":["TITLE 58. INSURANCE","CHAPTER 58-29E. PHARMACY BENEFITS MANAGEMENT"],"source_url":"https://sdlegislature.gov/Statutes/58-29E-15","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:57Z","sha256":"1cb16b091d6d3c685010f4397c96eed1ff5fccb066ece3d87330cb69be4c9c97","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-58-29e-14","next":"us-sd/sdcl-58-29e-15.1"},"notice":"GroundRules: Original legal text. Not legal advice."}