Definitions [For application of this section, see 80 Del. Laws, c. 245, § 2; 83 Del. Laws, c. 256, § 15; 85 Del. Laws, c. 481, § 7].
Del. Code tit. 18, § 3302A
in effectFor purposes of this subchapter:
(1) “Entity” means a pharmacy benefits manager or any person or organization that represents these companies, groups, or organizations.
(2) “Pharmacy benefits manager” or “PBM” means an entity that contracts with pharmacists or pharmacies on behalf of a person to do any of the following:
a. Process claims for prescription drugs or medical supplies or provide retail network management for pharmacies or pharmacists.
b. Pay pharmacies or pharmacists for prescription drugs or medical supplies.
c. Negotiate rebates with manufacturers for drugs paid for or procured as described in this chapter.
(3) “Plan sponsor” means as defined under § 4405 of this title.
(4) “Recoupment” means a reduction, offset, adjustment, or other act that lowers or lessens the payment of a claim or any other amount owed to a pharmacy or pharmacist for any reason unrelated to that claim or other amount owed to that pharmacy or pharmacist.
(5) “Similarly situated contracted pharmacy” includes any contracted pharmacy that has the capability of complying with standard terms and conditions for a pharmacy type, even if the pharmacy does not operate exclusively as that type of pharmacy.
(6) “Wholesale invoice audit” means review of supplier invoices to verify accuracy, compliance with contracted rates, and receipt of goods.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title18/c033a/sc01/index.htmlFetched: 10/4/2026
