South Dakota Code § 58-29E-7.1

Prohibition on publication or disclosure of information
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Except as provided in chapter
58-17K
, and in accordance with the audit provisions in §
58-29E-7
, a third-party payor that has contracted with a licensed pharmacy benefit manager may not publish, or directly or indirectly disclose:
(1) Any information that reveals the identity of a specific third-party payor or manufacturer;
(2) Prices charged for a specific drug or class of drugs;
(3) The amount of any rebates provided for a specific drug or class of drugs; or
(4) Any information that has the potential to compromise the financial, competitive, or proprietary nature of the pharmacy benefit manager's business.
The information referenced in §
58-29E-7
is protected from disclosure as confidential and proprietary. The information is privileged and not open to public inspection or disclosure.
A third-party payor that has contracted with a licensed pharmacy benefit manager shall impose the confidentiality protections set forth in §
58-29E-7
on any vendor or third party that may receive or have access to the information.

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