[§431R-5]  Violations; penalties.  (a)  The insurance commissioner may assess a fine of up to $10,000 for each violation by a pharmacy benefit manager or prescription drug benefit plan provider who is in violation of section 431R-2 or 431R-3.  In addition, the insurance commissioner may order the pharmacy benefit manager to take specific affirmative corrective action or make restitution.

     (b)  Failure of a pharmacy benefit manager to comply with a previously agreed upon contractual retail pharmacy network agreement pursuant to section 431R-2 or 431R-3 shall be an unfair or deceptive act or practice as provided in section 431:13-102.

     (c)  A pharmacy benefit manager or prescription drug benefit plan provider may appeal any decision made by the insurance commissioner in accordance with chapter 91. [L 2013, c 226, pt of §2]