2012 Vermont Statutes
Title 33 Human Services
Chapter 19 MEDICAL ASSISTANCE
§ 2010 Actual price disclosure and certification

§ 2010. Actual price disclosure and certification

(a) A manufacturer of prescription drugs dispensed in this state under a health program directed or administered by the state shall, on a quarterly basis, report by National Drug Code the following pharmaceutical pricing criteria to the commissioner of Vermont health access for each of its drugs:

(1) the prices required to be provided to the Medicaid program under federal law, including prices defined in 42 U.S.C. § 1396r-8; and

(2) the price that each wholesaler in this state pays the manufacturer to purchase the drug.

(b) When reporting the prices as provided for in subsection (a) of this section, the manufacturer shall include a summary of its methodology in determining the price. The department may accept the standards of the National Drug Rebate agreement entered into by the U.S. Department of Health and Human Services and Section 1927 of the Social Security Act for reporting pricing methodology.

(c) The pricing information required under this section is for drugs defined under the Medicaid drug rebate program and must be submitted to the commissioner following its submission to the federal government in accordance with 42 U.S.C. § 1396r-8(b)(3).

(d) When a manufacturer of prescription drugs dispensed in this state reports the information required under subsection (a) of this section, the president, chief executive officer, or a designated employee of the manufacturer shall certify to the department, on a form provided by the commissioner of Vermont health access, that the reported prices are the same as those reported to the federal government as required by 42 U.S.C. § 1396r-8(b)(3) for the applicable rebate period. A designated employee shall be an employee who reports directly to the chief executive officer or president and who has been delegated to make the certification under this section.

(e) Notwithstanding any provision of law to the contrary, information submitted to the department under this section is confidential and is not a public record as defined in 1 V.S.A. § 317(b). Disclosure may be made by the department to an entity providing services to the department under this section; however, that disclosure does not change the confidential status of the information. The information may be used by the entity only for the purpose specified by the department in its contract with the entity. Data compiled in aggregate form by the department for the purposes of reporting required by this section are public records as defined in 1 V.S.A. § 317(b), provided they do not reveal trade information protected by state or federal law.

(f) The attorney general shall enforce the provisions of this section under the Vermont consumer protection act in 9 V.S.A. chapter 63. The attorney general has the same authority to make rules, conduct civil investigations, and bring civil actions with respect to acts and practices governed by this section as is provided under the Vermont consumer protection act. (Added 2007, No. 80, § 6; amended 2009, No. 156 (Adj. Sess.), § I.69; 2011, No. 109 (Adj. Sess.), § 3, eff. May 8, 2012; 2011, No. 136 (Adj. Sess.), § 1b, eff. May 18, 2012.)