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SB 384 – This act provides that a pharmacy benefit manager shall be civilly liable to a patient for any switch communication, decision, denial or action that damages the patient. Such patient may bring a civil action against the pharmacy benefit manager to recover the actual damages sustained by the patient, court costs, including reasonable attorney's fees, and punitive damages, when determined to be appropriate by the court. A "switch communication" is a communication to a patient or the patient's physician from a health carrier or pharmacy benefit manager that recommends a patient's medication or device be switched by the original prescribing practitioner to a different medication than the medication or device originally prescribed by the prescribing practitioner. ADRIANE CROUSE
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