Update: Nevada Transparency Law Reporting Requirements – Senate Bill 539 (Scroll down to see impacted drugs)

The transparency law applies equally to all pharmaceutical representatives and not just those who are engaging in the sales and marketing of the diabetes-related treatments.

Pharmaceutical Representative List Submission

Section 4.6(1) of the law states “A manufacturer of a prescription drug shall provide to the Department a list of each pharmaceutical sales representative who markets prescription drugs on behalf of the manufacturer to providers of health care licensed, certified or registered in this State, pharmacies or employees thereof, operators or employees of medical facilities or persons licensed or certified under the provisions of title 57 of NRS and update the list at least annually.”

A person who is not included on a current list submitted by a pharmaceutical manufacturer shall not market prescription drugs on behalf of a manufacturer:

(a) To any provider of health care licensed, certified or registered in this State, pharmacy or employee thereof, operator or employee of a medical facility or person licensed or certified under the provisions of title 57 of NRS; or

(b) For sale to any resident of this State.

Representative list should be submitted using an excel file listing the first name, last name and company that the individual represents. An example is provided below. This information can be e-mailed to

drugtransparency@dhhs.nv.gov and should be updated as changes occur within your organization.

Drug Manufacturers Pricing Report

Prescription drug manufacturers must submit a report to the Nevada Department of Health and Human Services containing price information for prescription drugs.  Reports must be submitted to drugtransparency@dhhs.nv.gov annually by April 1st for the previous calendar year.   Reports should contain the below information.

Update 2/6/18: Now includes the list of impacted drugs for Drug Manufacturer’s Pricing Report, available here.

Pharmacy Benefit Managers Report

Pharmacy benefit managers must submit a report to the Nevada DHHS containing information described in the table below for prescription drugs posted to the department website. Reports must be submitted to drugtransparency@dhhs.nv.gov annually by April 1st for the previous calendar year.

Pharmacy Benefit Manager means an entity that contracts with or is employed by a third party and manages the pharmacy benefits plan or prescription drug coverage provided by a third party.

Pharmaceutical Sales Representatives

Pharmaceutical sales representatives on a list submitted to DHHS by drug manufacturers during anytime in the previous calendar year must submit to DHHS by March 1st for the previous calendar year, a report of all compensation or prescription drug that was provided to a provider of health care that is licensed, certified, or registered in Nevada.

Section 4.6(4) of the law states, “On or before March 1 of each year, each person who was included on a list of pharmaceutical sales representatives submitted pursuant to subsection 1 at any time during the immediately preceding calendar year shall submit to the Department a report, which must include, for the immediately preceding calendar year: (a) A list of providers of health care licensed, certified or registered in this State, pharmacies and employees thereof, operators and employees of medical facilities and persons licensed or certified under the provisions of title 57 of NRS to whom the pharmaceutical sales representative provided: (1) Any type of compensation with a value that exceeds $10; or (2) Total compensation with a value that exceeds $100 in aggregate; and (b) The name and manufacturer of each prescription drug for which the pharmaceutical sales representative provided a free sample to a provider of health care licensed, certified or registered in this State, pharmacy or employee thereof, operator or employee of a medical facility or person licensed or certified under the provisions of title 57 of NRS and the name of each such person to whom a free sample was provided.”

  • While the law requires the individual to submit the yearly report, manufacturers may submit these yearly reports on behalf of pharmaceutical representatives in their employment.

Penalties

  • If a manufacturer fails to provide to the Department the information required by section 3.8, 4 or 4.6 of this act, a pharmacy benefit manager fails to provide to the Department the information required by section 4.2 of this act, a nonprofit organization fails to post or provide to the Department, as applicable, the information required by section 4.9 of this act or a manufacturer, pharmacy benefit manager or nonprofit organization fails to post or provide, as applicable, such information on a timely basis, and the failure was not caused by excusable neglect, technical problems or other extenuating circumstances, the Department may impose against the manufacturer, pharmacy benefit manager or nonprofit organization, as applicable, an administrative penalty of not more than $5,000 for each day of such failure.
  • If a pharmaceutical sales representative fails to comply with the requirements of section 4.6 of this act, the Department may impose against the pharmaceutical sales representative an administrative penalty of not more than $500 for each day of such failure.