(a) A pharmacy benefits manager shall provide a pharmacy benefits manager network adequacy report describing the pharmacy benefits manager network and the pharmacy benefits manager network's accessibility in this State. The Commissioner shall adopt regulations setting the time and manner for providing the report. (b) A pharmacy benefits manager shall report to the Commissioner on a quarterly basis all of the following information for each insurer: (1) The itemized amount of pharmacy benefits manager revenue sources, including professional fees, administrative fees, processing fees, audits, direct and indirect renumeration fees, or any other fees. (2) The aggregate amount of rebates distributed to the appropriate insurer. (3) The aggregate amount of rebates passed on to insureds of each insurer at the point of sale that reduced the insureds' applicable deductible, copayment, coinsurance, or other cost-sharing amount. (4) The individual and aggregate amount the insurer paid to the pharmacy benefits manager for pharmacy goods or services itemized by all of the following: a. Pharmacy. b. Product. c. Goods and services. (5) The individual and aggregate amount a pharmacy benefits manager paid for pharmacy goods or services itemized by all of the following: a. Pharmacy. b. Product. c. Goods and services. (c) The information provided under subsection (b) of this section is confidential and not subject to subpoena or the Freedom of Information Act, Chapter 100 of Title 29. Prohibited Practices; Penalties; Enforcement [For application of this subchapter, see 83 Del. Laws, c. 256, § 15]
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