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)
Structure Nevada Revised Statutes
Chapter 439B - Restraining Costs of Health Care
NRS 439B.030 - "Billed charge" defined.
NRS 439B.035 - "Children’s Health Insurance Program" defined.
NRS 439B.040 - "Committee" defined.
NRS 439B.050 - "Department" defined.
NRS 439B.060 - "Director" defined.
NRS 439B.070 - "Discharge form" defined.
NRS 439B.090 - "Fiscal year" defined.
NRS 439B.100 - "Health facility" defined.
NRS 439B.110 - "Hospital" defined.
NRS 439B.115 - "Major hospital" defined.
NRS 439B.120 - "Medicaid" defined.
NRS 439B.130 - "Medicare" defined.
NRS 439B.140 - "Net revenue" defined.
NRS 439B.150 - "Practitioner" defined.
NRS 439B.160 - Purposes of chapter.
NRS 439B.210 - Meetings; quorum; compensation.
NRS 439B.270 - Foundation for hospital nursing practice: Establishment; governing body.
NRS 439B.275 - Program for provision of technical assistance to rural hospitals.
NRS 439B.300 - Legislative findings and declarations; applicability.
NRS 439B.310 - "Indigent" defined.
NRS 439B.350 - Department to establish; purpose.
NRS 439B.360 - Evaluation: Recommendations; report to Interim Finance Committee.
NRS 439B.370 - Director authorized to contract for certain services.
NRS 439B.400 - Hospital must maintain and use uniform list of billed charges; exception.
NRS 439B.425 - Prohibited referral of patients; exceptions; penalty.
NRS 439B.450 - Powers and duties of Director.
NRS 439B.460 - Director authorized to delegate powers and duties.
NRS 439B.500 - Penalty for violation of provisions.
NRS 439B.605 - "Manufacturer" defined.
NRS 439B.607 - "National Drug Code" defined.
NRS 439B.610 - "Pharmacy" defined.
NRS 439B.615 - "Pharmacy benefit manager" defined.
NRS 439B.616 - "Rebate" defined.
NRS 439B.618 - "Third party" defined.
NRS 439B.619 - "Unit" defined.
NRS 439B.620 - "Wholesale acquisition cost" defined.
NRS 439B.622 - "Wholesaler" defined.
NRS 439B.630 - Department to annually compile lists of certain prescription drugs.
NRS 439B.675 - Manner of presentation of information.
NRS 439B.680 - Immunity from civil and criminal liability.
NRS 439B.703 - "Covered person" defined.
NRS 439B.706 - "Independent center for emergency medical care" defined.
NRS 439B.709 - "In-network emergency facility" defined.
NRS 439B.712 - "In-network provider" defined.
NRS 439B.715 - "Medically necessary emergency services" defined.
NRS 439B.718 - "Out-of-network emergency facility" defined.
NRS 439B.721 - "Out-of-network provider" defined.
NRS 439B.724 - "Provider contract" defined.
NRS 439B.727 - "Provider of health care" defined.
NRS 439B.730 - "Prudent person" defined.
NRS 439B.733 - "Screen" defined.
NRS 439B.739 - "To stabilize" and "stabilized" defined.
NRS 439B.742 - Inapplicability of provisions to certain hospitals, persons and health care services.
NRS 439B.748 - Payment to out-of-network emergency facility by third party.
NRS 439B.751 - Payment to out-of-network provider, other than emergency facility, by third party.
NRS 439B.760 - Reports; confidentiality of information.
NRS 439B.800 - Definitions. [Effective January 1, 2022.]
NRS 439B.805 - "All-payer claims database" defined. [Effective January 1, 2022.]
NRS 439B.810 - "Covered entity" defined. [Effective January 1, 2022.]
NRS 439B.815 - "Direct patient identifier" defined. [Effective January 1, 2022.]
NRS 439B.820 - "Proprietary financial information" defined. [Effective January 1, 2022.]
NRS 439B.825 - "Provider of health care" defined. [Effective January 1, 2022.]
NRS 439B.830 - "Unique identifier" defined. [Effective January 1, 2022.]
NRS 439B.850 - Data requests. [Effective January 1, 2022.]
NRS 439B.870 - Immunity from certain civil or criminal liability. [Effective January 1, 2022.]