58-29E-6. Confidentiality of information--Injunction--Damages.
Except for utilization information, a covered entity shall maintain any information disclosed in response to a request pursuant to §58-29E-4 as confidential and proprietary information, and may not use such information for any other purpose or disclose such information to any other person except as provided in this chapter or in the pharmacy benefits management services contract between the parties. Any covered entity who discloses information in violation of this section is subject to an action for injunctive relief and is liable for any damages which are the direct and proximate result of such disclosure. Nothing in this section prohibits a covered entity from disclosing confidential or proprietary information to the director, upon request. Any such information obtained by the director is confidential and privileged and is not open to public inspection or disclosure.
Source: SL 2004, ch 311, §6.
Structure South Dakota Codified Laws
Chapter 29E - Pharmacy Benefits Management
Section 58-29E-1 - Definition of terms.
Section 58-29E-2 - Pharmacy benefits manager licensed as third party administrator.
Section 58-29E-3 - Manager to perform duties in good faith.
Section 58-29E-5 - Permission of entity required to contact covered individual--Exception.
Section 58-29E-6 - Confidentiality of information--Injunction--Damages.
Section 58-29E-7 - Audits of manager's books and records .
Section 58-29E-8 - Dispensation of substitute prescription drug for prescribed drug.
Section 58-29E-8.1 - Cost-sharing information not to be restricted.
Section 58-29E-9 - Rules--Content.
Section 58-29E-10 - Civil action--Enforcement of chapter--Damages.
Section 58-29E-11 - Application of chapter to certain contracts.
Section 58-29E-13 - Certain claims adjustments prohibited.
Section 58-29E-14 - Adjustment of claim due to error in adjudication permitted.