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 on a sliding scale for the right to access and use the health data and information available from the board. Fees may be charged for services provided to the department on a contractual basis. Fees may be reduced or waived for users that demonstrate a plan to use the data or information in research of general value to the public health or inability to pay the scheduled fees, as provided by rules adopted by the board.
(c) Annual assessments of not less than $100 assessed against the following entities:
(1) Health insurance carriers and health maintenance organizations on the basis of the total annual health care premium.
(2) Third-party administrators.
(3) Health carriers that provide only administrative services for a plan sponsor.
(4) [Repealed.]
(d) Health care policies issued for specified disease, accident, injury, hospital indemnity, disability, long-term care or other limited benefit health insurance policies are not subject to assessment under subparagraph (c). For purposes of this paragraph, policies issued for dental services are not considered to be limited benefit health insurance policies.
(e) Annual assessments of not less than $500 assessed by the board against prescription drug manufacturers, wholesale drug distributors, and pharmacy benefits managers, including those that process and pay claims on the basis of claims processed or paid for each plan sponsor.
II. The aggregate level of annual assessments under subparagraphs (c) and (e) shall be an amount sufficient to meet the board’s expenditures authorized; provided that such amount shall not exceed 125 percent of the board’s annual operating costs. The board may waive assessments otherwise due under subparagraphs (c) and (e) when a waiver is determined to be in the interests of the board and the parties to be assessed.
II-a. Any entity assessed a fee or other assessment under this section may appeal such action in accordance with RSA 541.
III. There is established a nonlapsing fund to be known as the New Hampshire prescription drug affordability board administration fund, which shall be kept distinct and separate from all other funds. The fund shall be continually appropriated to and administered by the board. All fees and assessments collected under this section shall be deposited in the fund. The board shall use the fund, consistent with the provisions of this chapter, to receive funds and to reimburse costs incurred by the board. The fund may be used to pay administrative, technical, legal support, or other costs incurred by the board under this chapter. The state treasurer may invest moneys in the fund as provided by law, and all interest received on such investment shall be credited to the fund.
Source. 2020, 13:5, eff. July 1, 2020. 2022, 244:6, 7, 9 and 12, eff. July 1, 2022.