126-BB:1 Definitions. – In this chapter: I. " Board " means the New Hampshire prescription drug affordability board. II. " Brand-name drug " means a prescription drug marketed under a proprietary name or registered trademark name, including a biological product. III. " Generic drug " means a prescription drug, whether identified by its chemical, […]
126-BB:10 Civil Penalties. – When a person or entity that is a health care facility payor, prescription drug manufacturer, wholesale drug distributor, or pharmacy benefits manager violates any requirement of this chapter, that person or entity commits a civil violation for which a fine of not more than $1,000 per day may be imposed. […]
126-BB:2 New Hampshire Prescription Drug Affordability Board Established. – There is established the New Hampshire prescription drug affordability board to carry out the purposes of this chapter. I. The board shall consist of 5 members with expertise in health care economics or clinical medicine, who shall not be, or be directly related to, anyone […]
126-BB:3 Conflicts of Interest. – The following provisions govern any conflict of interest for a member of the board, a member of the advisory council established in RSA 126-BB:4 or any staff member or contractor of the board. I. When appointing a member of the board or the advisory council, the appointing authority shall […]
126-BB:4 Advisory Council. – A 12-member advisory council is established to advise the board on establishing annual spending targets pursuant to RSA 126-BB:5, I and determining methods for meeting those spending targets pursuant to RSA 126-BB:5, III. The advisory council shall consist of the following members: I. The governor, or designee. II. The commissioner […]
126-BB:5 Powers and Duties of the Board. – The board has the following powers and duties: I. (a) Beginning with the year 2022 and in consultation with the advisory council, the board shall identify strategies that optimize spending by public payors for pharmaceutical products while reasonably ensuring subscriber access to needed pharmaceutical products. To […]
126-BB:6 Rulemaking. – The board shall adopt rules under RSA 541-A for the following: I. Procedures for drug price transparency as required under RSA 126-BB:7. II. The adoption of all fees under RSA 126-BB:8. III. Proceedings for assessing civil fines under RSA 126-BB:10. IV. The appeals process for assessments issued by the board under […]
126-BB:7 Drug Price Transparency; Non-disclosure Requirements. – I. The board shall develop and implement policies and procedures for its collection, processing, storage, and analysis of clinical, financial, quality restructuring and prescription drug price data for the following purposes: (a) To use, build, and improve upon and coordinate existing data sources and measurement efforts through […]
126-BB:8 Funding; Assessment of Fees. – I. The expenses and cost of operation of the board shall be funded by reasonable user fees and assessments determined in rules adopted by the board. (a) Fees may be charged for the reasonable costs of duplicating, mailing, publishing, and supplies. (b) Reasonable user fees shall be charged […]
126-BB:9 Drug Price Notifications and Disclosures; Confidentiality; Registration. – I. No later than January 30, 2021 and annually thereafter, a manufacturer shall notify the board when the manufacturer has during the prior calendar year: (a) Increased the wholesale acquisition cost of a brand-name drug by more than 20 percent per pricing unit; (b) Increased […]
126-BB:9-a Criminal Penalty. – Any person who knowingly uses confidential information obtained pursuant to this chapter or knowingly discloses confidential information obtained pursuant to this chapter to any person not authorized to review such information shall be guilty of a misdemeanor. Source. 2022, 244:10, eff. July 1, 2022.
