1. If a pharmacy that is licensed under the provisions of chapter 639 of NRS and is located within the State of Nevada fails to provide to the Department the information required to be provided pursuant to NRS 439B.655 or fails to provide such information on a timely basis, and the failure was not caused by excusable neglect, technical problems or other extenuating circumstances, the Department may impose against the pharmacy an administrative penalty of not more than $500 for each day of such failure.
2. If a manufacturer fails to provide to the Department the information required by NRS 439B.635, 439B.640 or 439B.660, a pharmacy benefit manager fails to provide to the Department the information required by NRS 439B.645, a wholesaler fails to provide to the Department the information required by NRS 439B.692 or a nonprofit organization fails to post or provide to the Department, as applicable, the information required by NRS 439B.665 or a manufacturer, pharmacy benefit manager, wholesaler or nonprofit organization fails to post or provide, as applicable, such information on a timely basis, and the failure was not caused by excusable neglect, technical problems or other extenuating circumstances, the Department may impose against the manufacturer, pharmacy benefit manager, wholesaler or nonprofit organization, as applicable, an administrative penalty of not more than $5,000 for each day of such failure.
3. If a pharmaceutical sales representative fails to comply with the requirements of NRS 439B.660, the Department may impose against the pharmaceutical sales representative an administrative penalty of not more than $500 for each day of such failure.
4. Any money collected as administrative penalties pursuant to this section must be accounted for separately and used by the Department:
(a) For purposes relating to improvement of transparency concerning the costs of prescription drugs, including, without limitation, carrying out and administering the provisions of NRS 439B.600 to 439B.695, inclusive, and 439B.800 to 439B.875, inclusive; and
(b) To establish and carry out programs to:
(1) Educate patients concerning ways to reduce the cost of health care and prescription drugs; and
(2) Provide education concerning chronic diseases.
(Added to NRS by 2007, 3140; A 2017, 4304; 2019, 1465; 2021, 3057, 3730)
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.]