Drug buyers and payers would follow federal maximum prices

A person or entity buying a referenced drug in Nevada would not pay more than its federal maximum fair price. This covers drugs with a maximum fair price published by the U.S. Secretary of Health and Human Services. The limit excludes a pharmacy’s dispensing fee. The limit applies during the federal price applicability period. Sections 1 through 4 would apply for most purposes on January 1, 2026, if enacted; they would not apply to drug-sale or reimbursement contracts entered before that date, but would apply to renewals or extensions.

A person seeking reimbursement for a covered drug delivered, dispensed, or administered in Nevada would not seek a rate above the federal maximum fair price. The rule covers reimbursement claims for referenced drugs provided to a person in Nevada. Each violation would count as a deceptive trade practice, but the bill text says the violation would not carry the existing criminal penalties for deceptive trade practices. A person harmed by a violation could bring a consumer-fraud lawsuit and, if successful, could receive damages, appropriate court-ordered relief, costs, and reasonable attorney fees. The reimbursement rule and related remedies would apply for most purposes on January 1, 2026, if enacted, subject to the contract rules for agreements made before that date.

Certain federal and employer-linked health plans would be exempt unless they choose to participate. The exemption covers plans for federal employees, plans subject to the Employee Retirement Income Security Act, and Taft-Hartley trusts. A covered plan or trust could elect to follow the rules by notifying the state Director in writing. The notice would be due by January 1 of each year for that year’s participation. The Department could adopt regulations needed to carry out the provisions. The election deadline would apply each January 1, and the main provisions would otherwise apply on January 1, 2026, if enacted.