PBMs must adjust or remove the MAC price for a prescription drug to remain consistent with changes in the national marketplace for prescription drugs. A review of the MAC prices for removal or modification shall be completed by the PBM at least once every seven business days, and any removal or modification shall occur within seven business days of the review. A PBM shall provide a means by which the contracted pharmacies may promptly review current prices in an electronic, print, or telephonic format within one business day of the removal or modification.

Link to Existing Law: NC Gen Stat. Article 56A section 58

This law is very meek in substance compared to other states, particularly in that there is no appeal process for below water reimbursement or requirements that a drug be available from suppliers in the state. However, the law does provide that the insurance Commissioner may orders payment of a monetary penalty not less than $100.00 nor more than $1,000 per day for each prescription drug resulting from the PBM’s failure to comply with the statute (thereby providing for potentially enormous penalities). In addition, the Commissioner may petition to have the PBM make restitution to make whole any pharmacist harmed by the violation.