1. If the Department administers a program pursuant to NRS 439.529 : (a) The program may not prohibit or interfere with the ability of a covered provider or contract pharmacy to purchase, administer or dispense, as applicable, a 340B drug, regardless of whether the drug is dispensed or administered to a person participating in the program or whether the program pays all, part or none of the cost of the drug. (b) When a covered provider or contract pharmacy dispenses or administers a drug that is eligible to be a 340B drug to a person participating in the program and the program pays the insurance premium of the person and the copayment, coinsurance, deductible or other cost-sharing obligation of the person, the program shall pay to the covered provider or contract pharmacy the full amount of the copayment, coinsurance, deductible or other cost-sharing obligation, regardless of whether the drug is a 340B drug. (c) The program may not deny a request from a covered provider or contract pharmacy to be included in the network of the program if the covered provider or contract pharmacy: (1) Meets the terms and conditions for participation in the network of the program; and (2) Requests to participate in the network of the program. (d) The program shall not treat a covered provider or contract pharmacy differently from an entity that does not participate in the 340B Program or a pharmacy that has contracted with a covered provider, as applicable, in any manner, including, without limitation: (1) In any regulation, guidance, policy, procedure or contract; (2) With regard to participation in the network of the program; or (3) In any matter relating to the dispensing of drugs or billing and reimbursement for drugs. 2. As used in this section: (a) 340B drug means a prescription drug that is purchased under the 340B Program. (b) 340B Program means the drug pricing program established by the United States Secretary of Health and Human Services pursuant to section 340B of the Public Health Service Act, 42 U.S.C. 256b, as amended. (c) Contract pharmacy means a pharmacy that enters into a contract with a covered provider to dispense 340B drugs and provide related pharmacy services to the patients of the covered provider. (d) Covered entity has the meaning ascribed to it in 42 U.S.C. 256b(a)(4). (e) Covered provider means a covered entity other than the program established pursuant to NRS 439.529 . (f) Network means a defined set of providers of health care who are under contract with any program established pursuant to NRS 439.529 to provide health care services to persons who participate in the program.
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