§ 3613.
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/vt/title-18/chapter-77/3613A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§ 3613. Enforcement
(a)The Commissioner of Financial Regulation shall enforce compliance with the provisions of this chapter.
(b)(1) The Commissioner may examine or audit the books and records of a pharmacy benefit manager providing claims processing services or other prescription drug or device services for a health benefit plan to determine compliance with this chapter.
(2)Information or data acquired in the course of an examination or audit under subdivision
(1)of this subsection shall be considered proprietary and confidential, shall be exempt from public inspection and copying under the Public Records Act, shall not be subject to subpoena, and shall not be subject to discovery or admissible in evidence in any private civil action.
(3)(A) In order to protect and promote patients’ and consumers’ interests in accordance with the Office’s duties under chapter 229 of this title, the Office of the Health Care Advocate shall have the right to receive and review in full, including any exhibits, attachments, appendices, or other supplementary materials, all of the following:
(i)the preliminary report of any examination conducted by or on behalf of the Commissioner under this section;
(ii)the pharmacy benefit manager’s submissions or rebuttals to the report, if any;
(iii)the final examination report adopted by the Commissioner; and
(iv)the Commissioner’s order adopting the final examination report.
(B)The Office of the Health Care Advocate shall not further disclose any confidential or proprietary information provided to the Office pursuant to this subdivision (3). Information provided to the Office pursuant to this subdivision
(3)shall not be subject to subpoena and shall not be subject to discovery or admissible in evidence in any private civil action.
(c)The Commissioner may use any document or information provided pursuant to subsection 3612(c) or
(d)of this chapter in the performance of the Commissioner’s duties to determine compliance with this chapter.
(d)The Commissioner may impose an administrative penalty on a pharmacy benefit manager or the health insurer with which it is contracted, or both, for a violation of this chapter in accordance with 8 V.S.A. § 3661. (Added 2023, No. 127 (Adj. Sess.), § 1, eff. July 1, 2024.)