(a) A manufacturer of a prescription opioid must pay a prescription opioid impact fee to the State if more than 100,000 MME of the manufacturer's prescription opioid products are dispensed in this State in a quarter.
(b) The prescription opioid impact fee is calculated as follows:
(1) The impact fee is $0.01 per MME for a prescription opioid dispensed and reported in the PMP.
(2) The impact fee is $0.0025 per MME for a prescription opioid that is a generic substitution.
(c) The Secretary of State shall calculate the total amount of the impact fee on a quarterly basis using the information in the PMP.
(d) The Secretary of State shall send an invoice to manufacturers of prescription opioids dispensed in this State for the impact fee due under this section quarterly, beginning after the close of the first full quarter after June 12, 2019.
(e) Manufacturers of prescription opioids shall pay the impact fee 1 month after the date of an invoice.
(f) When a manufacturer of prescription opioids fails to pay the impact fee within 1 month after the date of an invoice, the penalty is $100 a day or 10% of the impact fee due, whichever is greater. In addition, any unpaid impact fee bears interest at the rate of 1% a month.
(g) A manufacturer who disputes the amount of an invoice sent under this chapter may request a hearing under § 4736 of this title.
Structure Delaware Code
Chapter 48B. Prescription Opioid Funds; Litigation Authority
§ 4801B. Findings and purpose.
§ 4803B. Prescription Opioid Impact Fund.
§ 4804B. Prescription opioid impact fee.
§ 4806B. Policies and procedures.
§ 4808B. Prescription Opioid Settlement Fund.
§ 4809B. Limitation on authority of government entities to bring lawsuits.