TITLE 41

INSURANCE

CHAPTER 3

AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS

41-351.  340b drug pricing program reporting. (1) As used in this section, "340B covered entity" means an entity authorized to participate in the federal 340B drug pricing program under section 340B(a)(4) of the federal public health service act.

(2)  Before April 1 of each year, a 340B covered entity shall report the following information to the state department of health and welfare, the state controller’s office, and the attorney general concerning the 340B covered entity’s participation in the federal 340B drug pricing program for the previous calendar year:

(a)  The name of the covered 340B entity;

(b)  The aggregate acquisition cost for prescription drugs obtained under the 340B program;

(c)  The aggregate payment amount received for drugs obtained under the 340B program and dispensed to patients;

(d)  The aggregate payment made to pharmacies under contract to dispense drugs obtained under the 340B program;

(e)  The number of claims for prescription drugs described in paragraph (c) of this subsection; and

(f)  How the 340B covered entity uses any savings from participating in the 340B program, including the amount of savings used for the provision of charity care, community benefits, or a similar program of providing unreimbursed health care to the indigent.

(3)  The information required to be reported pursuant to subsection (2) of this section shall be reported by payer type, including the following:

(a)  Commercial;

(b)  Medicaid; and

(c)  Medicare.

(4)  The data submitted in the reports required pursuant to subsection (2) of this section is confidential and shall not be made available for public inspection.

(5)  Before November 15 of each year, the state controller’s office shall prepare a report that aggregates the data submitted pursuant to subsection (2) of this section and:

(a)  Submit the report to the legislative council in an electronic format; and

(b)  Make such report available on the transparent Idaho website.

(6)  The attorney general may use the information in the reports required pursuant to subsection (2) of this section for the purposes of investigating medicaid fraud and ensuring compliance with health resources and service administration requirements.

History:

[41-351, added 2025, ch. 246, sec. 1, p. 1098.]