45:14-82.10 Division, prepare, make available, website, report, emerging trends, prescription drug prices; annual public hearing, report findings; confidential information, protect, public disclosure; submit complaints.

406 words·~2 min read·/nj/title-45/chapter-14/45-14-82-10·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

9. a. The division shall annually prepare and make available on its website a report on emerging trends in prescription drug prices, and conduct an annual public hearing based on the report findings. The report shall include, but may not be limited to, analysis of manufacturer prices and price increases as reported under P.L.2023, c.106 (C.45:14-82.2 et seq.), and analysis of information as reported by carriers, pharmacy benefits managers, and wholesalers under P.L.2023, c.106 (C.45:14-82.2 et seq.), so as to make clear the major components of prescription drug pricing along the supply chain, and the impacts on insurance premiums and consumer cost sharing.

The data in the report shall not include any information that the division determines to be confidential pursuant to this section.

(1)Except as provided in subsection a. of this section, the division shall keep confidential all information submitted by an individual reporting entity, and protect it from public disclosure. The division shall share such information with the Drug Affordability Council and the Department of Banking and Insurance which shall keep confidential any information shared by the division under P.L.2023, c.106 (C.45:14-82.2 et seq.) and protect it from public disclosure. Information that is otherwise publicly available shall not be deemed confidential solely because it was submitted to the division pursuant to P.L.2023, c.106 (C.45:14-82.2 et seq.). The confidentiality protections of this section shall be imposed on any downstream third party that may receive or otherwise have access to this information.

(2)A person who is authorized to access information submitted by an individual reporting entity to the division who willfully discloses such information to any person or entity who is not authorized to access the information shall be subject to a civil penalty in an amount not to exceed $2,500.

A civil penalty imposed under this subsection shall be collected by the director pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).

c. Any records, documents, or data provided pursuant to P.L.2023, c.106 (C.45:14-82.2 et seq.) shall not be considered a government record under P.L.1963, c.73 (C.47:1A-1 et seq.) or the common law concerning access to government records.

d. The division shall make available on its Internet website a method for consumers to submit a complaint to the division regarding the failure of a reporting entity to provide to the division any information required by sections 2 through 6 of P.L.2023, c.106 (C.45:14-82.3 through 45:14-82.7).

L.2023, c.106, s.9.