2023 Nevada Revised Statutes › Chapter 439B - Restraining Costs of Health Care › NRS 439B.645 - Pharmacy benefit manager to submit and affirm accuracy of annual report concerning certain drugs; contents of report.

1. On or before April 1 of each year, a pharmacy benefit manager shall submit to the Department:
(a) A report which includes the information prescribed by subsection 2; and
(b) A statement signed under penalty of perjury affirming the accuracy of the information in the report.
2. The report submitted pursuant to paragraph (a) of subsection 1 must include:
(a) The current wholesale acquisition cost of each drug included on either or both of the most current lists compiled by the Department pursuant to paragraphs (a) and (c) of subsection 1 of NRS 439B.630 and the minimum and maximum wholesale acquisition cost of each such drug during the immediately preceding year;
(b) The total number of units of each drug included on either or both of the most current lists compiled by the Department pursuant to paragraphs (a) and (c) of subsection 1 of NRS 439B.630 for which the pharmacy benefit manager negotiated directly with the manufacturer for purchases of the drug for use in in this State during the immediately preceding calendar year;
(c) The number of units of each drug included on either or both of the most current lists compiled by the Department pursuant to paragraphs (a) and (c) of subsection 1 of NRS 439B.630 for which the pharmacy benefit manager negotiated directly with the manufacturer during the immediately preceding calendar year for purchases of the drug for use in this State by:
(1) Recipients of Medicare;
(2) Recipients of Medicaid;
(3) Persons covered by third parties that are governmental entities which are not described in subparagraph (1) or (2);
(4) Persons covered by commercial insurers; and
(5) Persons covered by third parties other than those described in subparagraphs (1) to (4), inclusive;
(d) The aggregate amount of the rebates that the pharmacy benefit manager negotiated with manufacturers during the immediately preceding calendar year for purchases of prescription drugs included on the most current lists compiled by the Department pursuant to paragraphs (a) and (c) of subsection 1 of NRS 439B.630 for use in this State, in total for each of those lists and for each drug included on such a list;
(e) The aggregate amount of the rebates described in paragraph (d) that were retained by the pharmacy benefit manager, in total for each of the most current lists compiled by the Department pursuant to paragraphs (a) and (c) of subsection 1 of NRS 439B.630 and for each drug included on such a list;
(f) The aggregate amount of the rebates described in paragraph (d) that were negotiated for purchases of prescription drugs for use by persons in each category listed in paragraph (c), in total for each of the most current lists compiled by the Department pursuant to paragraphs (a) and (c) of subsection 1 of NRS 439B.630 and for each drug included on such a list;
(g) The amount of discounts, dispensing fees or other fees that the pharmacy benefit manager negotiated with pharmacies, prescription drug networks or pharmacy services administrative organizations during the immediately preceding calendar year for purchases of prescription drugs included on the most current lists compiled by the Department pursuant to paragraphs (a) and (c) of subsection 1 of NRS 439B.630 for use in this State, in total for each list and for each drug included on such a list;
(h) The amount of discounts, dispensing fees or other fees described in paragraph (g) which were negotiated for purchases of prescription drugs for use by persons in each category prescribed by paragraph (c), in total for each of the most current lists compiled by the Department pursuant to paragraphs (a) and (c) of subsection 1 of NRS 439B.630 and for each drug included on such a list; and
(i) Any other information prescribed by regulation of the Department.
(Added to NRS by 2017, 4298; A 2021, 3726)