Sec. 21. (a) Beginning June 1, 2021, and annually thereafter, a pharmacy benefit manager shall submit a report containing data from the immediately preceding calendar year to the commissioner. The commissioner shall determine what must be included in the report and consider the following information to be included in the report:
(1) The aggregate amount of all rebates that the pharmacy benefit manager received from all pharmaceutical manufacturers for:
(A) all insurers; and
(B) each insurer;
with which the pharmacy benefit manager contracted during the immediately preceding calendar year.
(2) The aggregate amount of administrative fees that the pharmacy benefit manager received from all pharmaceutical manufacturers for:
(A) all insurers; and
(B) each insurer;
with which the pharmacy benefit manager contracted during the immediately preceding calendar year.
(3) The aggregate amount of retained rebates that the pharmacy benefit manager received from all pharmaceutical manufacturers and did not pass through to insurers with which the pharmacy benefit manager contracted during the immediately preceding calendar year.
(4) The highest, lowest, and mean aggregate retained rebate for:
(A) all insurers; and
(B) each insurer;
with which the pharmacy benefit manager contracted during the immediately preceding calendar year.
(b) A pharmacy benefit manager that provides information under this section may designate the information as a trade secret (as defined in IC 24-2-3-2). Information designated as a trade secret under this subsection must not be published unless required under subsection (c).
(c) Disclosure of information designated as a trade secret under subsection (b) may be ordered by a court of Indiana for good cause shown or made in a court filing.
As added by P.L.68-2020, SEC.1.