Applicability - exclusions

10-16-1504. Applicability - exclusions. (1) This part 15 applies to any third party that reimburses 340B covered entities or contract pharmacies in this state. (2) Nothing in this part 15: (a) Prohibits a third party from maintaining differential reimbursement rates for participating and nonparticipating providers, so long as the rates are not determined on the basis of a provider's status as a 340B covered entity or contract pharmacy; (b) Affects a third party's ability to establish coverage guidelines and exclude specific drugs from its prescription drug formularies, so long as the guidelines and exclusions are not determined on the basis of a provider's status as a 340B covered entity or contract pharmacy or of a drug's status as a 340B drug; or (c) Requires a third party to contract with a 340B covered entity or contract pharmacy for purposes of participating in the third party's network, so long as the third party's contracting decisions are not determined on the basis of a provider's status as a 340B covered entity or contract pharmacy. Source: L. 2022: Entire part added, (HB 22-1122), ch. 312, p. 2232, � 1, effective August 10.