The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Subchapter
005
:
PRESCRIPTION DRUG COST CONTAINMENT
(Cite as: 33 V.S.A. § 2002)
-
§ 2002. Supplemental rebates
(a) The Commissioner of Vermont Health Access, separately or in concert with the authorized
representatives of any participating health benefit plan, shall use the preferred
drug list authorized by the Pharmacy Best Practices and Cost Control Program to negotiate
with pharmaceutical companies for the payment to the Commissioner of supplemental
rebates or price discounts for Medicaid and for any other State public assistance
health benefit plans designated by the Commissioner, in addition to those required
by Title XIX of the Social Security Act. The Commissioner may also use the preferred
drug list to negotiate for the payment of rebates or price discounts in connection
with drugs covered under any other participating health benefit plan within or outside
this State, provided that such negotiations and any subsequent agreement shall comply
with the provisions of 42 U.S.C. § 1396r-8. The Program, or such portions of the Program as the Commissioner shall designate,
shall constitute a State pharmaceutical assistance program under 42 U.S.C. § 1396r-8(c)(1)(C).
(b) The Commissioner shall negotiate supplemental rebates, price discounts, and other
mechanisms to reduce net prescription drug costs by means of any negotiation strategy
that the Commissioner determines will result in the maximum economic benefit to the
Program and to consumers in this State, while maintaining access to high-quality prescription
drug therapies. The Commissioner may negotiate through a purchasing pool or directly
with manufacturers. The provisions of this subsection do not authorize agreements
with pharmaceutical manufacturers in which financial support for medical services
covered by the Medicaid program is accepted as consideration for placement of one
or more prescription drugs on the preferred drug list.
(c) The Department of Vermont Health Access shall prohibit the public disclosure of information
revealing company-identifiable trade secrets (including rebate and supplemental rebate
amounts, and manufacturer’s pricing) obtained by the Department, and by any officer,
employee, or contractor of the Department in the course of negotiations conducted
pursuant to this section. Such confidential information shall be exempt from public
disclosure under 1 V.S.A. chapter 5, subchapter 3 (Public Records Act). (Added 2001, No. 127 (Adj. Sess.), § 1, eff. June 13, 2002; amended 2005, No. 71, § 311; 2005, No. 174 (Adj. Sess.), § 104; 2009, No. 156 (Adj. Sess.), § I.65; 2021, No. 20, § 307.)