The Vermont Statutes Online

Title 18 : Health

Chapter 221 : Health Care Administration

Subchapter 001 : QUALITY, RESOURCE ALLOCATION, AND COST CONTAINMENT

• § 9406. Reporting on participation in 340B drug pricing program [Repealed effective January 1, 2031]

  (a) Annually on or before January 31, each hospital participating in the federal 340B drug pricing program established by 42 U.S.C. § 256b shall submit to the Green Mountain Care Board, in a form and manner prescribed by the Board, a report detailing the hospital’s participation in the program during the previous hospital fiscal year, which report shall be posted on the Green Mountain Care Board’s website and which shall contain at least the following information:

  (1)(A) For prescription drugs that the hospital or any entity acting on behalf of the hospital obtained through the 340B program and dispensed or administered to patients during the previous calendar year:

  (i) the aggregated acquisition cost for all such prescription drugs; and

  (ii) the aggregated payment amount that the hospital received for all such prescription drugs, with information reported separately for each of the following distribution channels:

  (I) dispensed drugs from an in-house pharmacy;

  (II) dispensed drugs from a contract pharmacy;

  (III) administered drugs paid separately; and

  (IV) administered drugs paid by bundled payments.

  (B) For administered drugs for which payment was bundled with payment for other services, as set forth in subdivision (A)(ii)(IV) of this subdivision (1), the hospital shall estimate the payment amount by comparing the actual acquisition cost for a drug to the wholesale acquisition cost for that drug.

  (2) The aggregated payment amount that the hospital made to pharmacies with which the hospital contracted to dispense drugs to its patients under the 340B program during the previous hospital fiscal year.

  (3) The aggregated payment amount that the hospital made to any other outside vendor for managing, administering, or facilitating any aspect of the hospital’s 340B drug program during the previous hospital fiscal year.

  (4) A description of the ways in which the hospital uses revenue from its participation in the 340B program to benefit its community through programs and services funded in whole or in part by revenue from the 340B program, including services that support community access to care that the hospital could not continue without this revenue.

  (5) A description of the hospital’s internal review and oversight of its participation in the 340B program in compliance with the U.S. Department of Health and Human Services, Health Resources and Services Administration’s 340B program rules and guidance.

  (b) In addition to the vendor information required pursuant to subdivision (a)(3) of this section, each hospital shall also provide to the Board a list of the names of all vendors that managed, administered, or facilitated any aspect of the hospital’s 340B program during the previous calendar year, along with a brief description of the work performed by each vendor. The vendor information reported pursuant to this subsection shall be exempt from public inspection and copying under the Public Records Act and shall be kept confidential, except that the Board shall provide the information to the Office of the Health Care Advocate, which shall not further disclose this confidential information. (Added 2025, No. 55, § 2, eff. June 11, 2025; repealed by 2025, No. 55, § 3, eff. January 1, 2031.)