N.H. Code Admin. R. Pdab 302.01 – Board Budget and Funding

(a) The expenses of the board shall be funded by assessments fees on the following entities and not exceed 125 percent of the board’s annual budget:
1. (1) Health insurance carriers providing fully insured products, administrative services only, or dental-only plans;
2. (2) Health maintenance organizations;
3. (3) Third-party administrators;
4. (4) Prescription drug manufacturers of products intended for sale in the state;
5. (5) Wholesale drug distributors; and
6. (6) Pharmacy benefits managers, including those that process and pay claims on the basis of claims processed or paid for each plan sponsor.
(b) All entities in (a) selling products or services for the benefit of residents and businesses in the state of New Hampshire shall register with the board.
(c) The board shall work with the board of pharmacy and department of insurance and other state agencies, to determine the numerical count of entities subject to the provisions of this section.
(d) The board shall apply the following assessments, fees, and civil penalties:
1. (1) The entities in Pdab 302.01(a)(1) through (4) shall be subject to an annual assessment of not less than $100 and not more than $200 due annually on or before July 1 of each calendar year;
2. (2) The entities in Pdab 302.01(a)(5) through (7) shall be subject to an annual assessment of not less than $500 and not more than $1,000 due annually on or before July 1 of each calendar year;
3. (3) Researchers and members of the public requesting data in accordance with RSA 91-A shall be assessed a fee of $0.25 per page for physical copies;
4. (4) When a person or party that is a health care facility payor, prescription drug manufacturer, wholesale drug distributor, or pharmacy benefits manager violates any requirement of RSA 126-BB , that person or entity shall be subject to a fine of $1,000 per calendar day, per violation;
(e) A fine imposed by (d)(4) above shall not exceed $25,000 for any one occurrence.
(f) All fees, assessments, civil fines, and penalties shall be deposited into a non-lapsing dedicated fund, known as the New Hampshire prescription drug affordability board administration fund.
(g) The total sum of all assessments, fees collected by the board shall not exceed 125 percent of the board’s operating cost for a state fiscal year.
Source. #13500-B, eff 12-1-22
APPENDIX
Rule
Specific State or Federal Statute the Rule Implements
Pdab 100
RSA 126-BB:2; RSA 126-BB:4; RSA 126-BB:5; RSA 126-BB:6; RSA 126-BB:7; RSA 126-BB:9; and RSA 514-A:16, I(a)
Pdab 200
RSA 126-BB:6; RSA 126-BB:8; RSA 126-BB:9; RSA 126-BB:10; RSA 91-A RSA 541-A:16, I(b); and RSA 541-A:30-a through RSA 541-A:38
Pdab 300
RSA 126-BB:6 and RSA 126-BB:8