(a) If the Commissioner determines that a pharmacy benefits manager has violated any provision of this chapter or any regulation adopted under this chapter, the Commissioner may, after notice and a hearing, issue an order that requires the pharmacy benefits manager to do 1 or more of the following:
(1) Cease and desist from the identified violation and further similar violations.
(2) Take specific affirmative action to correct the violation.
(3) Make restitution of money, property, or other assets to a person that has suffered financial injury because of the violation.
(4) Pay a fine in an amount determined by the Commissioner, not to exceed $10,000, for each violation of this chapter.
(5) Pay the costs, including applicable attorneys’ fees, incurred by the Commissioner in bringing the action.
(b) A hearing under this section must be held under §§ 323 through 328 of this title and any regulations adopted by the Commissioner.
(c) The Commissioner may adopt regulations to enforce this chapter and to establish a complaint process and set associated fees to address grievances and appeals brought under this chapter.
82 Del. Laws, c. 115, § 4.
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