Unlawful acts - enforcement - penalties

(1) On and after January 1, 2022, it is unlawful for any person to purchase or reimburse a payer for a prescription drug for which the board has established an upper payment limit pursuant to section 10-16-1407 at an amount that exceeds the upper payment limit established by the board for that prescription drug, regardless of whether the prescription drug is dispensed or distributed in person, by mail, or by other means.

(2) On and after January 1, 2023, each state entity, carrier, and optional participating plan shall require compliance with an upper payment limit established by the board.

(3) The attorney general is authorized to enforce this part 14 on behalf of any state entity or any consumer of prescription drugs.

(4) Notwithstanding any provision of this part 14 to the contrary, as used in this section, person does not include an individual who acquires a prescription drug for the individual's own use or for a family member's use.

(5) Notwithstanding any provision of this section to the contrary, a carrier or state agency that is required pursuant to state or federal law to purchase or reimburse a payer for a prescription drug for which the board has established an upper payment limit pursuant to section 10-16-1407 is not subject to an enforcement action for a violation of subsection (1) or (2) of this section for that particular prescription drug.