A. As used in this section, "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.
B. 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 and pharmacy benefits managers 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 benefits manager, wholesale distributor, or manufacturer.
C. A health carrier, 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. 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 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. All information submitted by a health carrier 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.
2021, Sp. Sess. I, c. 304.
Structure Code of Virginia
Chapter 1 - Administration Generally
§ 32.1-1. References to former sections, articles and chapters of Title 32 and other titles
§ 32.1-3.1. Certified mail; subsequent mail or notices may be sent by regular mail
§ 32.1-5. Appointment of members; terms and vacancies
§ 32.1-6. Meetings and chairman
§ 32.1-11. Environmental health, laboratory, and medical care services
§ 32.1-11.2. Regional AIDS resource and consultation centers; HIV early intervention centers
§ 32.1-11.3. Patient and community health education services
§ 32.1-11.6. Virginia Pregnant Women Support Fund; purpose; guidelines
§ 32.1-11.7. Guidelines for cleanup of residential property used to manufacture methamphetamine
§ 32.1-12. Regulations, variances and exemptions
§ 32.1-12.1. Board to establish regulations regarding human research
§ 32.1-13. Emergency orders and regulations
§ 32.1-13.1. Health policy responsibilities
§ 32.1-15. Suggestions as to legislation
§ 32.1-15.1. Certified community health workers
§ 32.1-16. State Department of Health
§ 32.1-17. Appointment of Commissioner; qualifications; term
§ 32.1-18. Executive officer of Board
§ 32.1-19. Duties prescribed by Board
§ 32.1-20. Vested with authority of Board
§ 32.1-21. Salary; teaching activities
§ 32.1-22. Personnel; Deputy Commissioner
§ 32.1-23. Publication of information
§ 32.1-23.01. Information about and resources on palliative care
§ 32.1-23.2. Sexual assault nurse examiner information
§ 32.1-23.3. Eligible Health Care Provider Reserve Directory
§ 32.1-23.4. Prescription drug price transparency; civil penalty
§ 32.1-23.5. Reporting of certain data regarding financial assistance
§ 32.1-23.6. Information and data related to social determinants of health
§ 32.1-24. Applicability of Administrative Process Act
§ 32.1-25. Right of entry to inspect, etc.; warrants
§ 32.1-26. Orders; hearing and notice
§ 32.1-27. Penalties, injunctions, civil penalties and charges for violations
§ 32.1-27.1. Additional civil penalty or appointment of a receiver
§ 32.1-28. When Attorney General to represent Board; special counsel
§ 32.1-29. Employment of attorney to defend Board members, employee, etc.
§ 32.1-30. Local health departments
§ 32.1-32. Independent local health departments
§ 32.1-33. When Board to perform duties of local board
§ 32.1-34. Scope of local health ordinances and regulations
§ 32.1-34.1. Power to seek and receive donations
§ 32.1-34.2. Human trafficking hotline; posted notice required
§ 32.1-34.3. Funding local health departments; cooperative local health budget; report