The Nevada Department of Health and Human Services (Department) recently released draft regulations implementing SB 539, which was signed into law in June 2017. The regulations require drug manufacturers and pharmacy benefits managers to submit a report in the format listed on the Department website by April 1st for the previous calendar year. The manufacturer will have the option to identify data contained in the report as subject to the Defend Trade Secrets Act (DTSA), subject to restrictions. The regulations also require a pharmaceutical sales representative licensed at any time during the calendar year to submit a report in the format listed on the Department website by March 1st.
The Department also released last week specific guidance related to the information that must be included in the pharmaceutical manufacturer, pharmacy benefit manager, and pharmaceutical sales representative reports. FAQs also were issued by the Department related to such reporting. The FAQs confirm that the Department expects to receive the first report by April 1, 2018 for the period October 1 – December 31, 2017. All future reports will be by calendar year.
We will continue to monitor developments from the Department and provide updates as they develop.