18 Del. Admin. Code § 1411-5.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 1411-5.0 - Standard of Review of Initial and Renewal Registration Applications

5.1 The Commissioner shall deny an initial application or renewal application made under this regulation if the pharmacy benefits manager:

5.1.1 Has been determined by the Commissioner to be in violation or non-compliance with the requirements of this regulation or 18 Del.C. Ch. 33A; or

5.1.2 Has failed to timely submit information to complete review of the application or has failed to submit a renewal application and information under Section 4.0 of this regulation.

5.2 In lieu of a denial for an initial registration or renewal application under subsection 5.1 of this regulation, the Commissioner may permit the pharmacy benefits manager to submit to the Commissioner a corrective action plan to cure or correct deficiencies identified under subsection 5.1 of this regulation.

5.3 The Commissioner may refuse to issue a certificate of registration if the Commissioner determines that the pharmacy benefits manager, or any individual responsible for the conduct of affairs of the pharmacy benefits manager:

5.3.1 Has had an insurance or a pharmacy benefits manager certificate or license denied or revoked for cause by any jurisdiction; or

5.3.2 If the Commissioner determines that any of the grounds set forth in Section 6.0 of this regulation exists.

18 Del. Admin. Code § 1411-5.0

26 DE Reg. 594 (1/1/2023) (Final)