Prohibited retaliation due to permitted disclosures.
Del. Code tit. 18, § 3333A
in effect(a) A pharmacy benefits manager may not retaliate against a pharmacist or pharmacy for disclosing information in any proceeding if the pharmacist or pharmacy has reasonable cause to believe that the disclosed information is evidence of a violation of a state or federal law, rule, or regulation. Proceedings under this subsection include information disclosed as follows:
(1) To a court.
(2) During an administrative investigation or hearing.
(3) To a legislative commission or committee.
(b) A pharmacy benefits manager may not retaliate against a pharmacist or pharmacy for disclosing information to a government, regulatory, or law-enforcement agency, if the pharmacist or pharmacy has reasonable cause to believe that the disclosed information is evidence of a violation of a state or federal law, rule, or regulation.
(c) A pharmacist or pharmacy shall, to the extent possible, limit the disclosure of confidential and proprietary information when making a disclosure under subsection (a) or (b) of this section.
(d) Retaliatory actions against a pharmacist or pharmacy include the cancellation or restriction of, the refusal to renew, or the refusal to offer a contract solely because the pharmacy or pharmacist has done 1 or more of the following:
(1) Disclosed information under subsection (a) or (b) of this section.
(2) Filed complaints with a pharmacy benefits manager.
(3) Filed complaints against an insurer or pharmacy benefits manager with the Department.
(4) Filed an appeal with the Commissioner under § 3324A(h) of this title.
(e) If a contract entered into, amended, extended, or renewed after December 31, 2026, includes a provision that prohibits a disclosure permitted under this section, that provision is against public policy and is void and unenforceable.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title18/c033a/sc03/index.htmlFetched: 10/4/2026