1. A pharmacy benefit manager that meets the eligibility requirements established pursuant to NRS 422.40527 may apply to become the state pharmacy benefit manager by submitting an application to the Authority on a form prescribed by the Authority. The application must include, without limitation, disclosures of: (a) Any activity, policy, practice, contract or agreement of the applicant that may directly or indirectly present a conflict of interest in the relationship between the applicant and the Authority or a Medicaid managed care organization, including, without limitation, any such activity, policy, practice, contract or agreement that operates solely or partially outside this State; (b) Any direct or indirect fees, charges or assessments that the applicant imposes on any pharmacy in this State: (1) With which the applicant shares common ownership, management or control; (2) Which is owned, managed or controlled by any management, parent or subsidiary of the applicant, any company jointly held by the applicant or any company otherwise affiliated with the applicant by a common owner, manager or holding company; (3) For which the board of directors of the pharmacy shares any members in common with the board of directors of the applicant; or (4) Which shares any manager in common with the applicant; (c) All common ownership, common management, common members of a board of directors, shared managers or shared control between: (1) The applicant, or any management, parent, subsidiary or jointly held company of the applicant or any company otherwise affiliated by a common owner, manager or holding company with the applicant; and (2) Any of the following entities: (I) A Medicaid managed care organization or a company affiliated with a Medicaid managed care organization; (II) A pharmacy services administrative organization, any other entity that contracts on behalf of a pharmacy or any company affiliated with a pharmacy services administrative organization or such an entity; (III) A wholesaler, as defined in NRS 639.016 , or any company affiliated with a wholesaler; (IV) A third party, other than a Medicaid managed care organization, or any company affiliated with such a third party; and (V) A pharmacy or any company affiliated with a pharmacy; and (d) All financial arrangements, including the terms of each such arrangement, currently in effect between the applicant and a manufacturer or labeler of prescription drugs, including without limitation, an arrangement for: (1) The management of a formulary; (2) Fees relating to data sales; and (3) Education and support for claims processing. 2. As used in this section, third party means any insurer or organization providing health coverage or benefits in accordance with state or federal law.
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