Vermont § 2002 - Supplemental rebates

§ 2002. Supplemental rebates

• (a) The Commissioner of Vermont Health Access, separately or in concert with the authorized
  representatives of any participating health benefit plan, shall use the preferred
  drug list authorized by the Pharmacy Best Practices and Cost Control Program to negotiate
  with pharmaceutical companies for the payment to the Commissioner of supplemental
  rebates or price discounts for Medicaid and for any other State public assistance
  health benefit plans designated by the Commissioner, in addition to those required
  by Title XIX of the Social Security Act. The Commissioner may also use the preferred
  drug list to negotiate for the payment of rebates or price discounts in connection
  with drugs covered under any other participating health benefit plan within or outside
  this State, provided that such negotiations and any subsequent agreement shall comply
  with the provisions of 42 U.S.C. § 1396r-8. The Program, or such portions of the Program as the Commissioner shall designate,
  shall constitute a State pharmaceutical assistance program under 42 U.S.C. § 1396r-8(c)(1)(C). (b) The Commissioner shall negotiate supplemental rebates, price discounts, and other
  mechanisms to reduce net prescription drug costs by means of any negotiation strategy
  that the Commissioner determines will result in the maximum economic benefit to the
  Program and to consumers in this State, while maintaining access to high-quality prescription
  drug therapies. The Commissioner may negotiate through a purchasing pool or directly
  with manufacturers. The provisions of this subsection do not authorize agreements
  with pharmaceutical manufacturers in which financial support for medical services
  covered by the Medicaid program is accepted as consideration for placement of one
  or more prescription drugs on the preferred drug list. (c) The Department of Vermont Health Access shall prohibit the public disclosure of information
  revealing company-identifiable trade secrets (including rebate and supplemental rebate
  amounts, and manufacturer’s pricing) obtained by the Department, and by any officer,
  employee, or contractor of the Department in the course of negotiations conducted
  pursuant to this section. Such confidential information shall be exempt from public
  disclosure under 1 V.S.A. chapter 5, subchapter 3 (Public Records Act). (Added 2001, No. 127 (Adj. Sess.), § 1, eff. June 13, 2002; amended 2005, No. 71, § 311; 2005, No. 174 (Adj. Sess.), § 104; 2009, No. 156 (Adj. Sess.), § I.65; 2021, No. 20, § 307.)