31A-46-301. Reporting requirements.

325 words·~1 min read·/ut/title-31a/chapter-46/31a-46-301

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

Effective 5/12/2020

(1)Before April 1 of each year, a pharmacy benefit manager operating in the state shall report to the department, for the previous calendar year:

(a)any insurer, pharmacy, or pharmacist in the state with which the pharmacy benefit manager had a contract;

(b)the total value, in the aggregate, of all rebates and administrative fees that are attributable to enrollees of a contracting insurer; and

(c)if applicable, the percentage of aggregate rebates that the pharmacy benefit manager retained under the pharmacy benefit manager's agreement to provide pharmacy benefits management services to a contracting insurer.

(2)Records submitted to the commissioner under Subsections (1)(b) and

(c)are a protected record under Title 63G, Chapter 2, Government Records Access and Management Act .

(a)The department shall publish the information provided by a pharmacy benefit manager under Subsection (1)(c) in the annual report described in Section 31A-2-201.2 .

(b)The department may not publish information submitted under Subsection (1)(b) or

(c)in a manner that:

(i)makes a specific submission from a contracting insurer or pharmacy benefit manager identifiable; or

(ii)is likely to disclose information that is a trade secret as defined in Section 13-24-2 .

(c)At least 30 days before the day on which the department publishes the data, the department shall provide a pharmacy benefit manager that submitted data under Subsection (1)(b) or

(c)with:

(i)a general description of the data that will be published by the department;

(ii)an opportunity to submit to the department, within a reasonable period of time and in a manner established by the department by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act :

(A)any correction of errors, with supporting evidence and comments; and

(B)information that demonstrates that the publication of the data will violate Subsection (3)(b) , with supporting evidence and comments.

Amended by Chapter 198 , 2020 General Session