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. § 2004)
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§ 2004. Manufacturer fee
(a) Annually, each pharmaceutical manufacturer or labeler of prescription drugs that are
paid for by the Department of Vermont Health Access for individuals participating
in Medicaid, Dr. Dynasaur, or VPharm shall pay a fee to the Agency of Human Services.
The fee shall be 1.75 percent of the previous calendar year’s prescription drug spending
by the Department and shall be assessed based on manufacturer labeler codes as used
in the Medicaid rebate program.
(b) Fees collected under this section shall fund collection and analysis of information
on pharmaceutical marketing activities under 18 V.S.A. §§ 4632 and 4633; analysis of prescription drug data needed by the Office of the Attorney General
for enforcement activities; the Vermont Prescription Monitoring System established
in 18 V.S.A. chapter 84A; the evidence-based education program established in 18 V.S.A. chapter 91, subchapter 2; the Green Mountain Care Board’s prescription drug cost regulation
initiatives; statewide unused prescription drug disposal initiatives; prevention of
prescription drug misuse, abuse, and diversion; the Substance Misuse Prevention Oversight
and Advisory Council established in 18 V.S.A. § 4803; treatment of substance use disorder; exploration of nonpharmacological approaches
to pain management; a hospital antimicrobial program for the purpose of reducing hospital-acquired
infections; the purchase and distribution of fentanyl testing strips; the purchase
and distribution of naloxone to emergency medical services personnel; and any opioid-antagonist
education, training, and distribution program operated by the Department of Health
or its agents. The fees shall be collected in the Evidence-Based Education and Advertising
Fund established in section 2004a of this title.
(c) The Secretary of Human Services or designee shall adopt rules for the implementation
of this section.
(d) The Department shall maintain on its website a list of the manufacturers who have
failed to provide timely payment as required under this section. (Added 2007, No. 80, § 20; amended 2007, No. 89 (Adj. Sess.), § 4; 2009, No. 156 (Adj. Sess.), § I.67; 2011, No. 162 (Adj. Sess.), § E.311; 2013, No. 50, § E.312.1; 2013, No. 79, § 27, eff. Jan. 1, 2014; 2013, No. 95 (Adj. Sess.), § 84, eff. Feb. 25, 2014; 2015, No. 173 (Adj. Sess.), § 12, eff. Jan. 1, 2016; 2019, No. 70, § 29; 2019, No. 72, § E.313; 2023, No. 134 (Adj. Sess.), § 2, eff. July 1, 2024.)