Prescription Drug Pricing

NMSA 1978 ch. 27, art. 2E

in effect

NMSA 1978, § 27-2E-1 Average manufacturer price; filing; reporting

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 health care authority: (1) the average manufacturer price for the drug; (2) the price that each wholesaler or pharmacy benefit manager doing business in this state pays the manufacturer to purchase the drug; and (3) the price paid to the manufacturer by any entity in an arrangement or contract that sells or provides prescription drugs in New Mexico without the services of a wholesaler. B. The information required under Subsection A of this section shall be filed annually or more frequently, as determined by the health care authority. The information required under Subsection A of this section is confidential and shall not be disclosed pursuant to Section 27-2E-3 NMSA 1978 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 health care authority 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. Laws 2003, ch. 381, § 1; 2024, ch. 39, § 92.

NMSA 1978, § 27-2E-2 Unlawful disclosure; penalties

27-2E-2. Unlawful disclosure; penalties A. It is unlawful for an employee, former employee, contractor or former contractor of the health care authority to reveal to another person, except to another employee or contractor of the authority as required by the employee's or contractor's duties or responsibilities or by state or federal court order, information acquired pursuant to Section 27-2E-1 NMSA 1978 or any other information about a prescription drug manufacturer acquired as a result of employment or contract by the authority and not available from public sources. B. An employee, former employee, contractor or former contractor of the health care authority who reveals to another person information that the person is prohibited from lawfully revealing is guilty of a misdemeanor and shall, upon conviction thereof, be fined not more than one thousand dollars ($1,000) or imprisoned not more than one year, or both, together with costs of prosecution, and shall not be employed by the state for a period of five years after the date of the conviction. Laws 2003, ch. 381, § 2; 2024, ch. 39, § 93.

NMSA 1978, § 27-2E-3 Enforcement

27-2E-3. Enforcement The office of the attorney general may take action to investigate and enforce the requirements of Sections 27-2E-1 and 27-2E-2 NMSA 1978. Laws 2003, ch. 381, § 3; 2024, ch. 39, § 94.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18527/index.doFetched: 10/20/2026