(a) An HMO may not require any pharmacy or pharmacist participating or applying to participate as a contracted provider in an HMO delivery network to:      
        (1) provide financial statements to the HMO; or       
        (2) deposit with the HMO any monies or other form of consideration, except for reasonable application and recertification fees.       
      (b) An HMO or a pharmacy benefit manager may not directly or indirectly charge or hold a pharmacist or pharmacy responsible for a fee for any step of, or component or mechanism related to, the claim adjudication process in violation of Insurance Code §1369.402 (concerning Certain Fees Prohibited).     
     Source Note:        The provisions of this §11.1404 adopted to be effective August 1, 2017, 42 TexReg 2169