2010 Hawaii Code
DIVISION 1. GOVERNMENT
TITLE 20. SOCIAL SERVICES
346. Department of Human Services
§346-314 Rebate agreement.

§346-314 Rebate agreement. (a) A drug manufacturer or labeler that sells prescription drugs in the State shall enter into a rebate agreement with the department for this purpose. The rebate agreement shall require the manufacturer or labeler to make rebate payments to the department each calendar quarter or according to a schedule established by the department.

(b) The administrator shall negotiate the amount of the rebate required from a manufacturer or labeler in accordance with this part.

(c) The administrator shall take into consideration the rebate calculated under the medicaid rebate program pursuant to Title 42 United States Code section 1396r-8, the average wholesale price of prescription drugs, and any other information on prescription drug prices and price discounts.

(d) The administrator shall use the administrator's best efforts to obtain an initial rebate amount equal to or greater than the rebate calculated under the medicaid program pursuant to Title 42 United States Code section 1396r-8.

(e) With respect to rebates effective July 1, 2007, the administrator shall use the administrator's best efforts to obtain a rebate amount equal to or greater than the amount of any discount, rebate, or price reduction for prescription drugs provided to the federal government. [L 2002, c 76, pt of §1; am L 2004, c 47, §5; am L 2007, c 60, §§1, 2]