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HB 708 (As Passed the House) - 2020 Regular Session MISSISSIPPI LEGISLATURE Regular Session To:
HB 708 (As Sent to Governor) - 2020 Regular Session MISSISSIPPI LEGISLATURE Regular Session To:
Representatives Mims, Creekmore IV, Scoggin, Bain, Hobgood-Wilkes, Brown (20th), Arnold, Anthony House Bill 708 (As Passed the House) AN ACT TO AMEND SECTION 73-21-153, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF THE TERM "HEALTH INSURANCE PLAN" AND DEFINE THE TERM "PHARMACY BENEFIT MANAGER AFFILIATE" FOR THE PURPOSES OF THE PHARMACY BENEFIT PROMPT PAY ACT;
Representatives Mims, Creekmore IV, Scoggin, Bain, Hobgood-Wilkes, Brown (20th), Arnold, Anthony House Bill 708 (As Sent to Governor) AN ACT TO AMEND SECTION 73-21-153, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF THE TERM "HEALTH INSURANCE PLAN" AND DEFINE THE TERM "PHARMACY BENEFIT MANAGER AFFILIATE" FOR THE PURPOSES OF THE PHARMACY BENEFIT PROMPT PAY ACT;
     (2)  The board may impose a monetary penalty on a pharmacy benefit manager or a pharmacy benefit manager affiliate for noncompliance with the provisions of the Sections 73-21-151 through 73-21-163, in amounts of not less than One Thousand Dollars ($1,000.00) per violation and not more than Twenty-five Thousand Dollars ($25,000.00) per violation.
     (2)  The board may impose a monetary penalty on a pharmacy benefit manager or a pharmacy benefit manager affiliate for noncompliance with the provisions of the Sections 73-21-151 through 73-21-163, in amounts of not less than One Thousand Dollars ($1,000.00) per violation and not more than Twenty-five Thousand Dollars ($25,000.00) per violation.  Each day a violation continues for the same brand or generic product identifier or brand or generic code number is a separate violation.  The board shall prepare a record entered upon its minutes that states the basic facts upon which the monetary penalty was imposed.  Any penalty collected under this subsection (2) shall be deposited into the special fund of the board.
Each day a violation continues for the same brand or generic product identifier or brand or generic code number is a separate violation.
     (3)  The board may assess a monetary penalty for those reasonable costs that are expended by the board in the investigation and conduct of a proceeding if the board imposes a monetary penalty under subsection (2) of this section.  A monetary penalty assessed and levied under this section shall be paid to the board by the licensee, registrant or permit holder upon the expiration of the period allowed for appeal of those penalties under Section 73-21-101, or may be paid sooner if the licensee, registrant or permit holder elects.  Any penalty collected by the board under this subsection (3) shall be deposited into the special fund of the board.
The board shall prepare a record entered upon its minutes that states the basic facts upon which the monetary penalty was imposed.
Any penalty collected under this subsection (2) shall be deposited into the special fund of the board.
     (3)  The board may assess a monetary penalty for those reasonable costs that are expended by the board in the investigation and conduct of a proceeding if the board imposes a monetary penalty under subsection (2) of this section.  A monetary penalty assessed and levied under this section shall be paid to the board by the licensee, registrant or permit holder upon the expiration of the period allowed for appeal of those penalties under Section 73-21-101, or may be paid sooner if the licensee, registrant or permit holder elects.  Any penalty collected by the board under this subsection (3) shall be deposited to into the special fund of the board.
     SECTION 9.  This act shall take effect and be in force from and after July 1, 2020.
     SECTION 9.  This act shall take effect and be in force from and after January 1, 2021.
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