1. (1) Before April 1 of each year, a pharmacy benefit manager operating in the state shall report to the department, for the previous calendar year:

   1. (a) any insurer, pharmacy, or pharmacist in the state with which the pharmacy benefit manager had a contract;
   2. (b) the total value, in the aggregate, of all rebates and administrative fees that are attributable to enrollees of a contracting insurer; and
   3. (c) if applicable, the percentage of aggregate rebates that the pharmacy benefit manager retained under the pharmacy benefit manager's agreement to provide pharmacy benefits management services to a contracting insurer.
2. (2) Records submitted to the commissioner under Subsections (1)(b) and (c) are a protected record under Title 63G, Chapter 2, Government Records Access and Management Act.

3. (3)

   1. (a) The department shall publish the information provided by a pharmacy benefit manager under Subsection (1)(c) in the annual report described in Section 31A-2-201.2.

   2. (b) The department may not publish information submitted under Subsection (1)(b) or (c) in a manner that:

      1. (i) makes a specific submission from a contracting insurer or pharmacy benefit manager identifiable; or
      2. (ii) is likely to disclose information that is a trade secret as defined in Section 13-24-2.

   3. (c) At least 30 days before the day on which the department publishes the data, the department shall provide a pharmacy benefit manager that submitted data under Subsection (1)(b) or (c) with:

      1. (i) a general description of the data that will be published by the department;

      2. (ii) an opportunity to submit to the department, within a reasonable period of time and in a manner established by the department by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:

         1. (A) any correction of errors, with supporting evidence and comments; and
         2. (B) information that demonstrates that the publication of the data will violate Subsection (3)(b), with supporting evidence and comments.

Amended by Chapter 198, 2020 General Session