Pennsylvania Statutes Title 72 P.S. Taxation and Fiscal Affairs § 3761-707. Lowered best price

(a) General rule.--If the rebate under section 705 and the discount under section 706 would establish a lowered Federal best price, as defined in section 1927(c)(1)(C) of the Social Security Act (49 Stat. 620, 42 U.S.C. § 1396r-8(c)(1)(C)), the manufacturer shall be liable for a total rebate and discount in an amount that does not reduce the Federal best price for that covered prescription drug.

(b) Procedure.--Any claim by a manufacturer that a rebate would establish a lower Federal best price under subsection (a) shall be verified in writing by a department-approved independent public accounting firm within 45 days of the end of the quarter for which the claim is asserted. The information provided to the public accounting firm shall remain confidential.

(c) Civil penalty.--A manufacturer which provides false information under this section shall be liable for a civil penalty in an amount not to exceed $50,000. Each item of false information constitutes a separate violation.