H 4793

South Carolina General Assembly
126th Session, 2025-2026
Bill 4793
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
A bill
TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING
SECTION 38-71-2250, RELATING TO EXAMINATIONS OF PHARMACY BENEFITS MANAGERs
BOOKS AND RECORDS, SO AS TO PROVIDE THE EXAMINATIONS ARE SUBJECT TO THE
REQUIREMENTS OF CHAPTER 13, TITLE 38; AND BY AMENDING SECTION 38-71-2340,
RELATING TO EXAMINATIONS OF PHARMACY SERVICES ADMINISTRATIVE ORGANIZATION BOOKS
AND RECORDS, SO AS TO PROVIDE THE EXAMINATIONS ARE SUBJECT TO THE REQUIREMENTS
OF CHAPTER 13, TITLE 38.
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1.  Section 38-71-2250(B) of the S.C. Code is amended to
read:
    (B)(1) As often as the director deems
appropriate, but not less frequently than once every five years, the director
may examine or audit the books and records of a pharmacy benefits manager
providing claims processing services or other prescription drug or device
services for a health benefit plan that are relevant to determining if the
pharmacy benefits manager is in compliance with this actarticle.  Examinations conducted
pursuant to this section are subject to the provisions of Chapter 13. The
pharmacy benefits manager shall pay the charges incurred in the examination,
including the expenses of the director or his designee and the expenses and
compensation of his examiners and assistants.  The director or his designee
promptly shall institute a civil action to recover the expenses of examination
against a pharmacy benefits manager which refuses or fails to pay.
       (2)
The information or data acquired during an examination pursuant to this section
is considered proprietary and confidential and is not subject to the South
Carolina Freedom of Information Act.
SECTION 2.  Section 38-71-2340(B) of the S.C. Code is amended to
read:
    (B)(1) As often as the director deems
appropriate, but not less frequently than once every five years, the director
may examine or audit the books and records of a pharmacy services
administrative organization providing prescription drug coverage or benefits on
behalf of pharmacies or pharmacy benefits managers that are relevant to
determining if the pharmacy services administrative organization is in
compliance with this actarticle.
Examinations conducted pursuant to this section are
subject to the provisions of Chapter 13. The pharmacy services
administrative organization must pay the charges incurred in the examination,
including the expenses of the director or his designee and the expenses and
compensation of his examiners and assistants.  The director or his designee promptly
must institute a civil action to recover the expenses of examination against a
pharmacy services administrative organization which refuses or fails to pay.
       (2)
The information or data acquired during an examination pursuant to this section
is considered proprietary and confidential and is not subject to the South
Carolina Freedom of Information Act.
SECTION 3.  This act takes effect upon approval
by the Governor.
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This web page was last updated on December 17, 2025 at 01:51 PM