{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-23.4.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-23.4.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-23.4.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-23.4.html"}],"law_id":72225,"edition_id":1,"section_id":72225,"structure_id":15850,"section_number":"32.1-23.4","catch_line":"Prescription drug price transparency; civil penalty","history":"2021, Sp. Sess. I, c. 304; 2025, c. 269.","full_text":"A\n\nAs used in this section:\n\t\t\t“Nonprofit data services organization” means the nonprofit organization with which the Commissioner has negotiated and entered into a contract or agreement for the compilation, storage, analysis, and evaluation of data submitted by health care providers pursuant to § 32.1-276.4.\n\t\t\t“Pharmacy services administrative organization” means an entity that provides administrative services to independent pharmacies, including negotiation with pharmacy benefits managers and other entities, to support pharmacies in contracting, compliance, and other operational areas.B\n\nThe Department shall negotiate and enter into a contract or agreement with a nonprofit data services organization to annually collect, compile, and make available on its website publicly available information about prescription drug prices submitted by health carriers, pharmacy benefits managers, and pharmacy services administrative organizations pursuant to § 38.2-3407.15:6, wholesale distributors pursuant to § 54.1-3436.1, and manufacturers pursuant to § 54.1-3442.02. Such data and information shall be made available in aggregate in a form and manner that does not disclose or tend to disclose proprietary or confidential information of any health carrier, pharmacy services administrative organization, pharmacy benefits manager, wholesale distributor, or manufacturer.C\n\nA health carrier, pharmacy services administrative organization, pharmacy benefits manager, wholesale distributor, or manufacturer that fails to report information required to be reported pursuant to this section or § 38.2-3407.15:6, 54.1-3436.1, or 54.1-3442.02, respectively, shall be subject to a civil penalty not to exceed $2,500 per day from the date on which such reporting is required, to be collected by the Commissioner and deposited into the Literary Fund. However, the Commissioner may reduce or waive a civil penalty imposed pursuant to this section if he determines that the violation was reasonable or resulting from good cause.D\n\nThe Department shall adopt regulations to implement the provisions of this section, which shall include (i) provisions related to the specification of prescription drugs for the purpose of data collection and procedures for auditing information provided by health carriers, pharmacy services administrative organizations, pharmacy benefits managers, wholesale distributors, and manufacturers and (ii) a schedule of civil penalties for failure to report information required pursuant to this section or § 38.2-3407.15:6, 54.1-3436.1, or 54.1-3442.02, which shall be based on the level of severity of the violation.E\n\nAll information submitted by a health carrier, pharmacy services administrative organization, or pharmacy benefits manager pursuant to § 38.2-3407.15:6, a wholesale distributor pursuant to § 54.1-3436.1, or a manufacturer pursuant to § 54.1-3442.02 shall be confidential and exempt from disclosure under the Virginia Freedom of Information Act (§ 2.2-3700 et seq.), except to the extent that such information is included in an aggregated form in the report required pursuant to this section.","order_by":null,"text":{"0":{"id":260193,"text":"As used in this section:\n\t\t\t“Nonprofit data services organization” means the nonprofit organization with which the Commissioner has negotiated and entered into a contract or agreement for the compilation, storage, analysis, and evaluation of data submitted by health care providers pursuant to § 32.1-276.4.\n\t\t\t“Pharmacy services administrative organization” means an entity that provides administrative services to independent pharmacies, including negotiation with pharmacy benefits managers and other entities, to support pharmacies in contracting, compliance, and other operational areas.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":260194,"text":"The Department shall negotiate and enter into a contract or agreement with a nonprofit data services organization to annually collect, compile, and make available on its website publicly available information about prescription drug prices submitted by health carriers, pharmacy benefits managers, and pharmacy services administrative organizations pursuant to § 38.2-3407.15:6, wholesale distributors pursuant to § 54.1-3436.1, and manufacturers pursuant to § 54.1-3442.02. Such data and information shall be made available in aggregate in a form and manner that does not disclose or tend to disclose proprietary or confidential information of any health carrier, pharmacy services administrative organization, pharmacy benefits manager, wholesale distributor, or manufacturer.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":260195,"text":"A health carrier, pharmacy services administrative organization, pharmacy benefits manager, wholesale distributor, or manufacturer that fails to report information required to be reported pursuant to this section or § 38.2-3407.15:6, 54.1-3436.1, or 54.1-3442.02, respectively, shall be subject to a civil penalty not to exceed $2,500 per day from the date on which such reporting is required, to be collected by the Commissioner and deposited into the Literary Fund. However, the Commissioner may reduce or waive a civil penalty imposed pursuant to this section if he determines that the violation was reasonable or resulting from good cause.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":260196,"text":"The Department shall adopt regulations to implement the provisions of this section, which shall include (i) provisions related to the specification of prescription drugs for the purpose of data collection and procedures for auditing information provided by health carriers, pharmacy services administrative organizations, pharmacy benefits managers, wholesale distributors, and manufacturers and (ii) a schedule of civil penalties for failure to report information required pursuant to this section or § 38.2-3407.15:6, 54.1-3436.1, or 54.1-3442.02, which shall be based on the level of severity of the violation.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":260197,"text":"All information submitted by a health carrier, pharmacy services administrative organization, or pharmacy benefits manager pursuant to § 38.2-3407.15:6, a wholesale distributor pursuant to § 54.1-3436.1, or a manufacturer pursuant to § 54.1-3442.02 shall be confidential and exempt from disclosure under the Virginia Freedom of Information Act (§ 2.2-3700 et seq.), except to the extent that such information is included in an aggregated form in the report required pursuant to this section.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":15850,"edition_id":1,"name":"Department of Health and State Health Commissioner","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":13065,"metadata":{},"date_created":"2026-06-26 04:00:30","date_modified":"2026-06-26 04:00:30","permalink":{"id":201211,"object_type":"structure","relational_id":15850,"identifier":"3","token":"32.1\/1\/3","url":"\/32.1\/1\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13065,"edition_id":1,"name":"Administration Generally","identifier":"1","label":"chapter","depth":2,"order_by":1,"parent_id":12727,"metadata":{},"date_created":"2026-06-26 03:44:12","date_modified":"2026-06-26 03:44:12","permalink":{"id":201101,"object_type":"structure","relational_id":13065,"identifier":"1","token":"32.1\/1","url":"\/32.1\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12727,"edition_id":1,"name":"Health","identifier":"32.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":201099,"object_type":"structure","relational_id":12727,"identifier":"32.1","token":"32.1","url":"\/32.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":64412,"structure_id":15850,"section_number":"32.1-16","catch_line":"State Department of Health","url":"\/32.1-16\/","token":"32.1\/1\/3\/32.1-16","metadata":false},{"id":62873,"structure_id":15850,"section_number":"32.1-17","catch_line":"Appointment of Commissioner; qualifications; term","url":"\/32.1-17\/","token":"32.1\/1\/3\/32.1-17","metadata":false},{"id":67750,"structure_id":15850,"section_number":"32.1-18","catch_line":"Executive officer of Board","url":"\/32.1-18\/","token":"32.1\/1\/3\/32.1-18","metadata":false},{"id":64142,"structure_id":15850,"section_number":"32.1-19","catch_line":"Duties prescribed by Board","url":"\/32.1-19\/","token":"32.1\/1\/3\/32.1-19","metadata":false},{"id":78968,"structure_id":15850,"section_number":"32.1-19.1","catch_line":"Repealed","url":"\/32.1-19.1\/","token":"32.1\/1\/3\/32.1-19.1","metadata":false},{"id":73609,"structure_id":15850,"section_number":"32.1-20","catch_line":"Vested with authority of Board","url":"\/32.1-20\/","token":"32.1\/1\/3\/32.1-20","metadata":false},{"id":61282,"structure_id":15850,"section_number":"32.1-21","catch_line":"Salary; teaching activities","url":"\/32.1-21\/","token":"32.1\/1\/3\/32.1-21","metadata":false},{"id":72937,"structure_id":15850,"section_number":"32.1-22","catch_line":"Personnel; Deputy Commissioner","url":"\/32.1-22\/","token":"32.1\/1\/3\/32.1-22","metadata":false},{"id":61192,"structure_id":15850,"section_number":"32.1-23","catch_line":"Publication of information","url":"\/32.1-23\/","token":"32.1\/1\/3\/32.1-23","metadata":false},{"id":66315,"structure_id":15850,"section_number":"32.1-23.01","catch_line":"Information about and resources on palliative care","url":"\/32.1-23.01\/","token":"32.1\/1\/3\/32.1-23.01","metadata":false},{"id":65783,"structure_id":15850,"section_number":"32.1-23.1","catch_line":"Alternative delivery of certain information; Commissioners to develop single application form for pharmaceutical assistance programs and pharmaceutical discount purchasing cards; certain analysis of access to The Pharmacy Connection program","url":"\/32.1-23.1\/","token":"32.1\/1\/3\/32.1-23.1","metadata":false},{"id":87156,"structure_id":15850,"section_number":"32.1-23.2","catch_line":"Sexual assault nurse examiner information","url":"\/32.1-23.2\/","token":"32.1\/1\/3\/32.1-23.2","metadata":false},{"id":74855,"structure_id":15850,"section_number":"32.1-23.3","catch_line":"Eligible Health Care Provider Reserve Directory","url":"\/32.1-23.3\/","token":"32.1\/1\/3\/32.1-23.3","metadata":false},{"id":72225,"structure_id":15850,"section_number":"32.1-23.4","catch_line":"Prescription drug price transparency; civil penalty","url":"\/32.1-23.4\/","token":"32.1\/1\/3\/32.1-23.4","metadata":false},{"id":67922,"structure_id":15850,"section_number":"32.1-23.5","catch_line":"Reporting of certain data regarding financial assistance","url":"\/32.1-23.5\/","token":"32.1\/1\/3\/32.1-23.5","metadata":false},{"id":84232,"structure_id":15850,"section_number":"32.1-23.6","catch_line":"Information and data related to social determinants of health","url":"\/32.1-23.6\/","token":"32.1\/1\/3\/32.1-23.6","metadata":false},{"id":75908,"structure_id":15850,"section_number":"32.1-23.7","catch_line":"Special Supplemental Nutrition Program for Women, Infants, and Children","url":"\/32.1-23.7\/","token":"32.1\/1\/3\/32.1-23.7","metadata":false}],"previous_section":{"id":74855,"structure_id":15850,"section_number":"32.1-23.3","catch_line":"Eligible Health Care Provider Reserve Directory","url":"\/32.1-23.3\/","token":"32.1\/1\/3\/32.1-23.3","metadata":false},"next_section":{"id":67922,"structure_id":15850,"section_number":"32.1-23.5","catch_line":"Reporting of certain data regarding financial assistance","url":"\/32.1-23.5\/","token":"32.1\/1\/3\/32.1-23.5","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-23.4\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2025, chapter 269<\/a>.<\/p>","references":[{"id":80337,"section_number":"38.2-3407.15:6","catch_line":"Prescription drug price transparency","order_by":null,"url":"\/38.2-3407.15_6\/"},{"id":81429,"section_number":"54.1-3436.1","catch_line":"Prescription drug price transparency","order_by":null,"url":"\/54.1-3436.1\/"},{"id":75222,"section_number":"54.1-3442.02","catch_line":"Prescription drug price transparency","order_by":null,"url":"\/54.1-3442.02\/"}],"refers_to":[{"id":55569,"section_number":"2.2-3700","catch_line":"Short title; policy","order_by":null,"url":"\/2.2-3700\/"},{"id":56739,"section_number":"32.1-276.4","catch_line":"Agreements for certain data services","order_by":null,"url":"\/32.1-276.4\/"},{"id":80337,"section_number":"38.2-3407.15:6","catch_line":"Prescription drug price transparency","order_by":null,"url":"\/38.2-3407.15_6\/"},{"id":81429,"section_number":"54.1-3436.1","catch_line":"Prescription drug price transparency","order_by":null,"url":"\/54.1-3436.1\/"},{"id":75222,"section_number":"54.1-3442.02","catch_line":"Prescription drug price transparency","order_by":null,"url":"\/54.1-3442.02\/"}],"permalink":{"id":201265,"object_type":"law","relational_id":72225,"identifier":"32.1-23.4","token":"32.1\/1\/3\/32.1-23.4","url":"\/32.1-23.4\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-23.4\/","token":"32.1\/1\/3\/32.1-23.4","dublin_core":{"Title":"Prescription drug price transparency; civil penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-23.4","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section:\n\t\t\t“Nonprofit data services organization<\/span>” means the nonprofit organization with which the Commissioner<\/span> has negotiated and entered into a contract<\/span> or agreement for the compilation, storage, analysis, and evaluation of data submitted by health care providers pursuant to § 32.1-276.4<\/a>.\n\t\t\t“Pharmacy services administrative organization<\/span>” means an entity that provides administrative services to independent pharmacies, including negotiation with pharmacy benefits managers and other entities, to support pharmacies in contracting, compliance, and other operational areas. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Department<\/span> shall negotiate and enter into a contract<\/span> or agreement with a nonprofit data services organization<\/span> to annually collect, compile, and make available on its website publicly available information about prescription drug prices submitted by health carriers, pharmacy benefits managers, and pharmacy services administrative organizations<\/span> pursuant to § 38.2-3407.15:6<\/a>, wholesale distributors pursuant to § 54.1-3436.1<\/a>, and manufacturers pursuant to § 54.1-3442.02<\/a>. Such data and information shall be made available in aggregate in a form and manner that does not disclose or tend to disclose proprietary or confidential information of any health carrier, pharmacy services administrative organization<\/span>, pharmacy benefits manager, wholesale distributor, or manufacturer. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A health carrier, pharmacy services administrative organization<\/span>, pharmacy benefits manager, wholesale distributor, or manufacturer that fails to report information required to be reported pursuant to this section or § 38.2-3407.15:6<\/a>, 54.1-3436.1<\/a>, or 54.1-3442.02<\/a>, respectively, shall be subject to a civil penalty<\/span> not to exceed $2,500 per day from the date on which such reporting is required, to be collected by the Commissioner<\/span> and deposited into the Literary Fund. However, the Commissioner<\/span> may reduce or waive<\/span> a civil penalty<\/span> imposed pursuant to this section if he determines that the violation was reasonable or resulting from good cause. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Department<\/span> shall adopt regulations to implement the provisions of this section, which shall include (i) provisions related to the specification of prescription drugs for the purpose of data collection and procedures for auditing information provided by health carriers, pharmacy services administrative organizations<\/span>, pharmacy benefits managers, wholesale distributors, and manufacturers and (ii) a schedule of civil penalties for failure to report information required pursuant to this section or § 38.2-3407.15:6<\/a>, 54.1-3436.1<\/a>, or 54.1-3442.02<\/a>, which shall be based on the level of severity of the violation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> All information submitted by a health carrier, pharmacy services administrative organization<\/span>, or pharmacy benefits manager pursuant to § 38.2-3407.15:6<\/a>, a wholesale distributor pursuant to § 54.1-3436.1<\/a>, or a manufacturer pursuant to § 54.1-3442.02<\/a> shall be confidential and exempt from disclosure under the Virginia Freedom of Information Act (§ 2.2-3700<\/a> et seq.), except to the extent that such information is included in an aggregated form in the report required pursuant to this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPRESCRIPTION DRUG PRICE TRANSPARENCY; CIVIL PENALTY (\u00a7 32.1-23.4)\n\nA. As used in this section:\n\t\t\t“Nonprofit data services organization” means the nonprofit\norganization with which the Commissioner has negotiated and entered into a\ncontract or agreement for the compilation, storage, analysis, and evaluation of\ndata submitted by health care providers pursuant to § 32.1-276.4.\n\t\t\t“Pharmacy services administrative organization” means an entity\nthat provides administrative services to independent pharmacies, including\nnegotiation with pharmacy benefits managers and other entities, to support\npharmacies in contracting, compliance, and other operational areas.\n\nB. The Department shall negotiate and enter into a contract or agreement with a\nnonprofit data services organization to annually collect, compile, and make\navailable on its website publicly available information about prescription drug\nprices submitted by health carriers, pharmacy benefits managers, and pharmacy\nservices administrative organizations pursuant to § 38.2-3407.15:6,\nwholesale distributors pursuant to § 54.1-3436.1, and manufacturers\npursuant to § 54.1-3442.02. Such data and information shall be made\navailable in aggregate in a form and manner that does not disclose or tend to\ndisclose proprietary or confidential information of any health carrier, pharmacy\nservices administrative organization, pharmacy benefits manager, wholesale\ndistributor, or manufacturer.\n\nC. A health carrier, pharmacy services administrative organization, pharmacy\nbenefits manager, wholesale distributor, or manufacturer that fails to report\ninformation required to be reported pursuant to this section or §\n38.2-3407.15:6, 54.1-3436.1, or 54.1-3442.02, respectively, shall be subject to\na civil penalty not to exceed $2,500 per day from the date on which such\nreporting is required, to be collected by the Commissioner and deposited into\nthe Literary Fund. However, the Commissioner may reduce or waive a civil penalty\nimposed pursuant to this section if he determines that the violation was\nreasonable or resulting from good cause.\n\nD. The Department shall adopt regulations to implement the provisions of this\nsection, which shall include (i) provisions related to the specification of\nprescription drugs for the purpose of data collection and procedures for\nauditing information provided by health carriers, pharmacy services\nadministrative organizations, pharmacy benefits managers, wholesale\ndistributors, and manufacturers and (ii) a schedule of civil penalties for\nfailure to report information required pursuant to this section or §\n38.2-3407.15:6, 54.1-3436.1, or 54.1-3442.02, which shall be based on the level\nof severity of the violation.\n\nE. All information submitted by a health carrier, pharmacy services\nadministrative organization, or pharmacy benefits manager pursuant to §\n38.2-3407.15:6, a wholesale distributor pursuant to § 54.1-3436.1, or a\nmanufacturer pursuant to § 54.1-3442.02 shall be confidential and exempt\nfrom disclosure under the Virginia Freedom of Information Act (§ 2.2-3700\net seq.), except to the extent that such information is included in an\naggregated form in the report required pursuant to this section.\n\nHISTORY: 2021, Sp. Sess. I, c. 304; 2025, c. 269.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}