RCW 43.71C.100: Annual report—Data confidentiality.

(1)(a) The authority shall compile and analyze the data submitted by health carriers, pharmacy benefit managers, manufacturers, and pharmacy services administrative organizations pursuant to this chapter and prepare an annual report for the public and the legislature synthesizing the data to demonstrate the overall impact that drug costs, rebates, and other discounts have on health care premiums.

(b) For data related to the 340B drug pricing program, the annual report shall include:

(i) Data submitted under RCW 43.71C.050(7) aggregated to not reveal information from specific manufacturers;

(ii) Data submitted under RCW 43.71C.130(1) (a), (h) through (j), and (m) by covered entity; and

(iii) Data submitted pursuant to RCW 43.71C.130(1) (b) through (g), (k), and (l) aggregated by entity type, as specified in 42 U.S.C. Sec. 256b(a)(4).

(c) The annual report must also include:

(i) The authority's costs for the preceding calendar year to collect and report data related to the 340B drug pricing program;

(ii) A description of the foreseeable necessary costs to the authority for collecting and reporting data related to the 340B drug pricing program, as used as the basis for the filing fee described in RCW 43.71C.140; and

(iii) The amount of filing fees collected under RCW 43.71C.140.

(2)(a) Except as provided in (b) of this subsection, the data in the report must be aggregated and must not reveal information specific to individual health carriers, pharmacy benefit managers, pharmacy services administrative organizations, individual prescription drugs, individual classes of prescription drugs, individual manufacturers, or discount amounts paid in connection with individual prescription drugs.

(b) Data reported under RCW 43.71C.130(1) (a), (h) through (j), and (m) may be reported without further aggregation and may identify the manufacturer, covered entity, and contract pharmacy.

(3) Beginning January 1, 2021, and by each January 1st thereafter, the authority must publish the report on its website.

(4) Except for the report, data submitted under RCW 43.71C.130(1) (a), (h) through (j), and (m), and as provided in subsection (5) of this section, the authority shall keep confidential all data submitted pursuant to this chapter.

(5) For purposes of public policy, upon request of a Washington state legislator, the authority must provide all data provided pursuant to RCW 43.71C.020 through 43.71C.080, and RCW 43.71C.130 and any analysis prepared by the authority to the requesting legislator. Any information provided pursuant to this subsection is not subject to public disclosure under chapter 42.56 RCW and must be kept confidential within the legislature.

(6) For the purpose of reviewing drug prices and conducting affordability reviews, the prescription drug affordability board, as established in chapter 70.405 RCW, and the health care cost transparency board, established in chapter 70.390 RCW, may access all data collected pursuant to RCW 43.71C.020 through 43.71C.080 and any analysis prepared by the authority.

(7)(a) Except as provided in (b) of this subsection, the data collected pursuant to this chapter is not subject to public disclosure under chapter 42.56 RCW. Any information provided pursuant to this section must be kept confidential and may not be publicly released. Recipients of data under subsection (6) of this section shall:

(i) Follow all rules adopted by the authority regarding appropriate data use and protection; and

(ii) Acknowledge that the recipient is responsible for any liability arising from misuse of the data and that the recipient does not have any conflicts under the ethics in public service act that would prevent the recipient from accessing or using the data.

(b) Data submitted by covered entities under RCW 43.71C.130(1) (a), (h) through (j), and (m) is not confidential and may be publicly released.