New Jersey § 30:4d-7ee

§ 30:4d-7ee.

a. Any contract or other arrangement entered into by a managed care organization,

or by the Division of Medical Assistance and Health Services in the Department of

Human Services, for the provision of pharmacy benefits management services under the

Medicaid program shall require the pharmacy benefits manager to disclose to the department: (1) all sources and amounts of income, payments, and financial benefits received by

the pharmacy benefits manager in relation to the provision and administration of pharmacy

benefits management services on behalf of the managed care organization, including,

but not limited to, any pricing discounts, rebates of any kind, inflationary payments,

credits, clawbacks, fees, grants, chargebacks, reimbursements, or other benefits; (2) all ingredient costs and dispensing fees or similar payments made by the pharmacy

benefits manager to any pharmacy in connection with the contract or other arrangement;

and (3) the pharmacy benefits manager's payment model for administrative fees. b. Information disclosed by a pharmacy benefits manager to the division pursuant to

subsection a. of this section shall be confidential and not be subject to public disclosure

under P.L.1963, c. 73 ( C.47:1A-1 et seq. ), or P.L.2001, c. 404 ( C.47:1A-5 et al.). In addition to any other penalty provided by law, a person who is authorized to

access information submitted by a pharmacy benefits manager to the division who knowingly

discloses such information to any person or entity who is not authorized to access

the information shall be guilty of a crime of the fourth degree and shall be subject

to a civil penalty in an amount not to exceed $10,000. 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. As used in this section: “ Pharmacy benefits manager ” means a corporation, business, or other entity, or unit within a corporation, business,

or other entity, that administers prescription drug benefits on behalf of a managed

care organization. “ Pharmacy benefits management services ” mean the provision of any of the following services on behalf of a managed care

organization: the procurement of prescription drugs at a negotiated rate for dispensation

within this State; the processing of prescription drug claims; or the administration

of payments related to prescription drug claims.