Prescription Drug Price Transparency Regulation [Under Development] [12 VAC 5 ‑ 219]Emergency Extension Request
Promulgation of New Regulation to Implement Chapter 304 of the 2021 Acts of Assembly, Special Session I
On 12/19/2022 the board requested that this emergency stage be extended until 1/15/2024.
Reason for Extension:
The Virginia Department of Health (VDH) requests that the Governor extend the expiration date of the emergency act 12VAC5-219 for six months pursuant to §2.2-4011(D) of the Code of Virginia. On January 17, 2022, emergency amendments to 12VAC5-219 went into effect to ensure that health carriers, pharmacy benefits managers, wholesale distributors, and manufacturers submitted to VDH information regarding prescription drug prices, which VDH is required to make publicly available. These emergency regulations were promulgated pursuant to Chapter 304 of the 2021 Acts of Assembly, Special Session I and are set to expire on July 16, 2023. The Proposed stage for a regulatory action that seeks to make these emergency regulations permanent is being developed and is being reviewed by the Department of Planning and Budget as of 12/19/22. Once it is approved by the Executive Branch, it will be submitted for publication in the Register. Upon publication, it will be open for public comment for a period of sixty (60) days, after which VDH intends to develop and submit a Final stage to make the emergency regulations permanent. VDH is working to complete the standard regulatory process to make these regulations permanent as quickly as possible, but there is the potential that the regulatory process will not be complete before the emergency regulations expire. The Board of Health, which approves each stage in a regulatory action and officially promulgates the regulations, only meets once per quarter. VDH needs time to collect and consider public comment, meet with and reach consensus with relevant stakeholders, including Virginia Health Information, the non-profit data services organization with which VDH contracts pursuant to the Code. These delays could potentially prevent the permanent regulations from becoming effective before the expiration date of the emergency regulations. As a result, it is necessary to extend the expiration date to ensure the emergency regulations do not expire before they are made permanent, which would leave VDH and the Board of Health out of compliance with the legislative mandate and ultimately cause confusion for the public and the regulated community.
This stage was approved by the Governor's office on 2/9/2023.
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