RCW 43.71C.130: 340B drug pricing program—Report—Penalty.

(1) Annually, on or before April 1st following the conclusion of the covered entity's fiscal year, a covered entity located in Washington that is a federally qualified health center as defined in 42 U.S.C. Sec. 1396d(l)(2)(B) or a hospital defined in 42 U.S.C. Sec. 256b(a)(4)(L) through (O) shall report the following information to the authority concerning the covered entity's participation in the 340B program for the previous fiscal year:

(a) The following information for the covered entity:

(i) Name;

(ii) Service address;

(iii) 340B program identification number;

(iv) Designation of entity type, as specified in 42 U.S.C. Sec. 256b(a)(4); and

(v) The national taxpayer identification number;

(b) The aggregate acquisition cost for all 340B drugs obtained under the 340B program and dispensed to applicable patients;

(c) The aggregate payment amount received for all 340B drugs obtained under the 340B program and dispensed to applicable patients;

(d) The aggregate acquisition cost for administered outpatient 340B drugs obtained under the 340B program and administered to applicable patients;

(e) The total savings on the 340B administered outpatient drugs based on the calculation of the difference between the aggregate acquisition cost of 340B drugs and the aggregate price of the drugs if not purchased through the 340B program;

(f) The aggregate acquisition cost for 340B drugs and aggregate payments made to pharmacies that are under contract with the covered entity to receive and dispense 340B drugs on behalf of the covered entity;

(g) The number of claims for prescription drugs described in (c) and (d) of this subsection;

(h) Using the most up-to-date and available data, how the covered entity uses any savings from participating in the 340B program including, but not limited to, the amount of savings used for the provision of charity care, community benefits, or a similar program of providing unreimbursed or subsidized health care;

(i) The aggregate payments made to any other entity that is not a covered entity and is not a contract pharmacy as described in (f) of this subsection for managing any aspect of the covered entity's 340B program;

(j) The aggregate payment made or expense for administering the 340B program;

(k) The aggregate number of prescription drugs dispensed to patients for which a payment was reported under (c) of this subsection and the estimated number of prescription drugs administered to patients for which a cost was reported under (d) of this subsection;

(l) The percentage of the covered entity's pharmacy claims that were for prescription drugs obtained under the 340B program; and

(m) The number and percentage of low-income patients of the covered entity that were served by a sliding fee scale for a prescription drug dispensed or administered under the 340B program.

(2) The information required to be reported under subsection (1) of this section must be reported by payer type, if the information is available to the covered entity, including the following:

(a) Commercial;

(b) Medicaid;

(c) Medicare; and

(d) Uninsured.

(3) The authority shall prepare a template reporting form for covered entities to use to fulfill the reporting requirements of this section.

(4)(a) The authority may issue a fine, in accordance with RCW 43.71C.090, of $1,000 per day for a covered entity that fails to provide the information required by this section by the date required.

(b) A covered entity must be afforded an opportunity to correct a violation of this section before a fine may be issued. If the covered entity provides the information required by this section within 30 calendar days of receiving the written notice of a violation, then the authority shall not issue a penalty.