Sec. 21. (a) Beginning June 1, 2021, and annually thereafter, a pharmacy benefit manager shall submit a report containing data from the immediately preceding calendar year to the commissioner. The commissioner shall determine what must be included in the report and consider the following information to be included in the report:
(1) The aggregate amount of all rebates that the pharmacy benefit manager received from all pharmaceutical manufacturers for:
(A) all insurers; and
(B) each insurer;
with which the pharmacy benefit manager contracted during the immediately preceding calendar year.
(2) The aggregate amount of administrative fees that the pharmacy benefit manager received from all pharmaceutical manufacturers for:
(A) all insurers; and
(B) each insurer;
with which the pharmacy benefit manager contracted during the immediately preceding calendar year.
(3) The aggregate amount of retained rebates that the pharmacy benefit manager received from all pharmaceutical manufacturers and did not pass through to insurers with which the pharmacy benefit manager contracted during the immediately preceding calendar year.
(4) The highest, lowest, and mean aggregate retained rebate for:
(A) all insurers; and
(B) each insurer;
with which the pharmacy benefit manager contracted during the immediately preceding calendar year.
(b) A pharmacy benefit manager that provides information under this section may designate the information as a trade secret (as defined in IC 24-2-3-2). Information designated as a trade secret under this subsection must not be published unless required under subsection (c).
(c) Disclosure of information designated as a trade secret under subsection (b) may be ordered by a court of Indiana for good cause shown or made in a court filing.
As added by P.L.68-2020, SEC.1.
Structure Indiana Code
Article 1. Department of Insurance
Chapter 24.5. Pharmacy Benefit Managers
27-1-24.5-1. "Covered Individual"
27-1-24.5-2. "Effective Rate of Reimbursement"
27-1-24.5-3. "Equal Access and Incentives"
27-1-24.5-6. "Independent Pharmacies"
27-1-24.5-7. "Maximum Allowable Cost"
27-1-24.5-8. "Maximum Allowable Cost List"
27-1-24.5-10. "Pharmacist Services"
27-1-24.5-12. "Pharmacy Benefit Manager"
27-1-24.5-13. "Pharmacy Benefit Manager Affiliate"
27-1-24.5-14. "Pharmacy Benefit Manager Network"
27-1-24.5-15. "Pharmacy Services Administrative Organization"
27-1-24.5-19. Equal Access and Incentives; Prohibited Acts
27-1-24.5-19.5. Federal Drug Pricing Program
27-1-24.5-20. Acts of the Commissioner; Confidentiality
27-1-24.5-21. Annual Reporting Requirements; Trade Secrets
27-1-24.5-22. Required Information; Appeals Process; Auditing Procedures
27-1-24.5-22.5. Aggregated Information From Pharmacy Benefit Manager Reports
27-1-24.5-22.6. Filing Complaints With Department of Insurance
27-1-24.5-24. Information Necessary for Appeal
27-1-24.5-25. Party's Right to Audit; Amounts Paid; Consideration
27-1-24.5-26. Disclosure of Contract With Another Party
27-1-24.5-27. Contracts of Pharmacy Services Administrative Organizations
27-1-24.5-27.5. Pharmacist May Not Be Required to Collect Higher Copayment for Prescription Drug