                                 CODE OF VIRGINIA

PRESCRIPTION DRUG PRICE TRANSPARENCY (§ 54.1-3436.1)

A. As used in this section:
			&#8220;Brand-name drug&#8221; means a prescription drug approved under 21
U.S.C. &#xA7; 355(b) or 42 U.S.C. &#xA7; 262.
			&#8220;Generic drug&#8221; means a prescription drug approved under 21 U.S.C.
&#xA7; 355(j).
			&#8220;Nonprofit data services organization&#8221; has the same meaning as
set forth in &#xA7; 32.1-23.4.
			&#8220;Pharmacy benefits manager&#8221; has the same meaning as set forth in
&#xA7; 38.2-3407.15:4.
			&#8220;Wholesale acquisition cost&#8221; has the same meaning as set forth in
42 U.S.C. &#xA7; 1395w-3a(c)(6)(B).

B. To ensure data that is useful, relevant, and not duplicative, the Department
of Health may request wholesale distributors to report to the nonprofit
organization with which the Department of Health has entered into a contract or
agreement pursuant to § 32.1-23.4 the following information on the 25 costliest
drugs in the Commonwealth upon a determination by the Department of Health that
data received from health carriers, pharmacy benefits managers, and
manufacturers is insufficient:

   1. The wholesale acquisition cost that the wholesale distributor has
   negotiated directly with the manufacturer in the last calendar year, related
   to the 25 costliest drugs dispensed in the Commonwealth;

   2. The wholesale acquisition cost that the wholesale distributor has
   negotiated directly with the manufacturer in the current calendar year for the
   25 costliest drugs dispensed in the Commonwealth;

   3. Aggregate total rebates, discounts, and price concessions negotiated
   directly with the manufacturer for the 25 costliest drugs dispensed in the
   Commonwealth in the last calendar year, for business in the Commonwealth, in
   total; and

   4. Aggregate total discounts, dispensing fees, and other fees negotiated in
   the last calendar year with pharmacies, for the 25 costliest drugs dispensed
   in the Commonwealth, in total.

C. A report submitted by a wholesale distributor pursuant to subsection B shall
not disclose the identity of a specific wholesale distributor, the price charged
for a specific prescription drug or class of prescription drugs, or the amount
of any price concession, rebate, or fee provided for a specific prescription
drug or class of prescription drugs.

HISTORY: 2021, Sp. Sess. I, c. 304.