§ 27-1-24.5-21 — Annual reporting requirements; trade secrets

Indiana § 27-1-24.5-21

• Jurisdiction: Indiana
• Title 27: INSURANCE
• Art. 1: DEPARTMENT OF INSURANCE
• Ch. 24.5: Pharmacy Benefit Managers

Text

(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subsection must not be published unless required under subsection (c).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.

Legislative History

As added by P.L.68-2020, SEC.1.