26.1-27.1-05. Contents of pharmacy benefits management agreement - Requirements

26.1-27.1-05. Contents of pharmacy benefits management agreement - Requirements 1. A pharmacy benefits manager shall offer to a covered entity options for the covered entity to contract for services that must include: a. A transaction fee without a sharing of a payment received by the pharmacy benefits manager; b. A combination of a transaction fee and a sharing of a payment received by the pharmacy benefits manager; or c. A transaction fee based on the covered entity receiving all the benefits of a payment received by the pharmacy benefits manager. 2. The agreement between the pharmacy benefits manager and the covered entity must include a provision allowing the covered entity to have audited the pharmacy benefits manager's books, accounts, and records, including de-identified utilization information, as necessary to confirm that the benefit of a payment received by the pharmacy benefits manager is being shared as required by the contract.