New Mexico Statutes Chapter 27. Public Assistance § 27-2E-1. Average manufacturer price; filing; reporting

A. A person who manufactures a prescription drug, including a generic prescription drug, that is sold in New Mexico shall file with the human services [health care authority] department:

B. The information required under Subsection A of this section shall be filed annually or more frequently, as determined by the human services [health care authority] department. The information required under Subsection A of this section is confidential and shall not be disclosed pursuant to Section 3 of this act and shall not be subject to public inspection pursuant to the provisions of Section 14-2-1 NMSA 1978.

C. A person who engages in the wholesale distribution of prescription drugs in New Mexico shall file with the human services [health care authority] department information showing the actual price at which the wholesaler or distributor sells a particular drug to a pharmacy.

D. As used in this section, “average manufacturer price” means the average price paid to the manufacturer for the drug in New Mexico, including rebates, discounts and market incentives, after deducting customary prompt-pay discounts.