§346-314  Rebate agreement.  (a)  A drug
manufacturer or labeler that sells prescription drugs in the State shall enter
into a rebate agreement with the department for this purpose.  The rebate
agreement shall require the manufacturer or labeler to make rebate payments to
the department each calendar quarter or according to a schedule established by
the department.



(b)  The administrator shall negotiate the
amount of the rebate required from a manufacturer or labeler in accordance with
this part.



(c)  The administrator shall take into
consideration the rebate calculated under the medicaid rebate program pursuant
to Title 42 United States Code section 1396r-8, the average wholesale price of
prescription drugs, and any other information on prescription drug prices and
price discounts.



(d)  The administrator shall use the
administrator's best efforts to obtain an initial rebate amount equal to or
greater than the rebate calculated under the medicaid program pursuant to Title
42 United States Code section 1396r-8.



(e)  With respect to rebates effective July 1,
2007, the administrator shall use the administrator's best efforts to obtain a
rebate amount equal to or greater than the amount of any discount, rebate, or
price reduction for prescription drugs provided to the federal government. [L
2002, c 76, pt of §1; am L 2004, c 47, §5; am L 2007, c 60, §§1, 2]