Title 5
Businesses and Professions

CHAPTER 19.3
Defending Affordable Prescription Drug Costs Act

§ 5-19.3-6. Reporting and audit.

Annually on or before April 1, each 340B covered entity participating in the federal 340B drug pricing program established by 42 U.S.C. § 256b shall submit to the office of the governor, the speaker of the house of representatives, the president of the senate, and auditor general a report detailing the 340B covered entity’s participation in the program during the previous calendar year, which report shall be posted on the state auditor general’s website and which shall contain at least the following information:

(1) The aggregated acquisition cost for all prescription drugs that the 340B covered entity obtained through the 340B program during the previous calendar year;

(2) The aggregated payment amount that the 340B covered entity received for drugs, under the 340B program and dispensed or administered to patients enrolled in commercial and Medicare Supplemental plans;

(3) The aggregated payment amount that the 340B covered entity made:

(i) To contract pharmacies to dispense drugs to its patients under the 340B program during the previous calendar year;

(ii) To any other outside vendor for managing, administering, or facilitating any aspect of the 340B covered entity’s drug program during the previous calendar year; and

(iii) For all other expenses related to administering the 340B program, including staffing, operational, and administrative expenses, during the previous calendar year;

(4) The names of all vendors, including split billing vendors, and contract pharmacies, with which the 340B covered entity contracted to provide services associated with the covered entity’s 340B program participation during the previous calendar year;

(5) The number of claims for all prescription drugs the 340B covered entity obtained through the 340B program during the previous calendar year, including the total number of claims and the number of claims reported by commercial and Medicare Supplemental plans;

(6) A description of the ways in which the 340B entity uses savings from its participation in the 340B program to benefit patients and/or its community through programs, projects, and services funded in whole or in part by savings from the 340B program;

(7) A description of any and all material breach, change in 340B eligibility status, and/or the U.S. Department of Health and Human Services, Health Resources and Services Administration’s (“HRSA”) 340B program or manufacturer audits during the previous calendar year;

(8) A description of the 340B covered entity’s self-audit and oversight of its participation in the 340B program in compliance with the HRSA 340B program rules and guidance; and

(9) Such additional information as the general assembly or auditor general may request.