New Hampshire Administrative Code

"Brand-name drug" means a prescription drug marketed under a proprietary name or registered trademark name, including a biological product. Notes N.H. Admin. Code § Pdab 101.02 Derived from Number 2, Filed January 12, 2023, Proposed by #13500-A, Effective 12/2/2022.

"Generic drug" means a prescription drug, whether identified by its chemical, proprietary, or nonproprietary name, that is not a brand-name drug and is therapeutically equivalent to a brand-name drug in dosage, safety, strength, method of consumption, quality, performance, and in…

"Manufacturer" means a manufacturer of prescription drugs that are distributed in the state. This term does not include a packager, repackager, labeler, or relabeler unless the packager, repackager, labeler, or relabeler sets the price or controls the price of the prescription dr…

"Pricing unit" means the smallest available package that can be used to dispense the smallest amount of a prescription drug. Notes N.H. Admin. Code § Pdab 101.05 Derived from Number 2, Filed January 12, 2023, Proposed by #13500-A, Effective 12/2/2022.

"Public payor" means any division of state, county, or municipal government that administers a health plan for its employees or an association of state, county, or municipal employers that administers a health plan for its employees. Notes N.H. Admin. Code § Pdab 101.06 Derived f…

"Wholesale acquisition cost" means a manufacturer's listed price for sale to a wholesale drug distributor or o ther entity that purchases a prescription drug directly from the manufacturer, not including any price concessions. Notes N.H. Admin. Code § Pdab 101.07 Derived from Num…

(a) The prescription drug affordability board shall consist of 5 voting members with expertise in health care economics or clinical medicine and shall be appointed as follows:(1) Two members appointed by the president of the senate; (2) Two members appointed by the speaker of the…

(a) Members shall be appointed to 5-year terms except for the initial appointments described in this section. (b) Of the initial appointees, the member appointed by the governor shall serve an initial term of 5 years. (c) One member appointed by the president of the senate and on…

A quorum of the board for the purpose of conducting business shall consist of 3 members present. For a quorum, alternate members shall not be included as part of the quorum unless the chair has elevated them to replace an absent or recused member. Notes N.H. Admin. Code § Pdab 10…

The board shall elect a chairman by an affirmative vote of at least 4 of the 5 members of the board. Notes N.H. Admin. Code § Pdab 102.04 Derived from Number 2, Filed January 12, 2023, Proposed by #13500-A, Effective 12/2/2022.

(a) The board shall hold meetings in public session at least once every 12 weeks. (b) Each public meeting shall be announced 14 days in advance and materials for the meeting shall be made public at least one week in advance. (c) Public meetings and materials in (b) above shall be…

(a) A 12-member advisory council shall be established to advise the board on establishing annual spending targets pursuant to RSA 126-BB:5, I and determining methods for meeting those spending targets pursuant to RSA 126-BB:5, III. (b) The advisory council shall consist of the fo…

The board shall employ an executive director pursuant to RSA 126-BB:2, VI. Notes N.H. Admin. Code § Pdab 102.07 Derived from Number 2, Filed January 12, 2023, Proposed by #13500-A, Effective 12/2/2022.

(a) This chapter sets forth the rules of practice and procedure for the prescription drug affordability board. (b) The rules in this chapter shall govern all proceedings before the prescription drug affordability board. Notes N.H. Admin. Code § Pdab 201.01 Derived from Number 2, …

(a) "Adjudicative proceeding" means an appeal of the board's decision to impose an assessment in accordance with RSA 126-BB:8 or a civil fine in accordance with RSA 126-BB:10. (b) "Advisory council" means the advisory council established in RSA 126-BB:4. (c) "Confidential documen…

The presiding officer shall as necessary: (a) Regulate and control the course of a hearing; (b) Facilitate informal resolution of an appeal; (c) Receive relevant evidence at hearings and exclude irrelevant, immaterial, or unduly repetitious evidence; (d) Question any person who t…

(a) Upon his or her own initiative or upon the motion of any party, the presiding officer or any other board member shall withdraw from any hearing when good cause exists. (b) Good cause shall exist if the presiding officer or board member:(1) Has a direct interest in the outcome…

The board, upon its own initiative or upon the motion of any interested person shall, upon approval by a quorum vote of the members of the board, suspend or waive any procedural requirement or limitation imposed by this chapter provided: (a) A 10-day notice is given to all affect…

(a) A person or party may appear before the board in person, through a representative, or both. (b) A person or party, excluding individuals providing public testimony, may request to appear before the board provided the request shall be made to the board at least 10 days prior t…

(a) A person may appear in an adjudicative proceeding by personal attendance or through the attendance of a representative appointed by the person. (b) Representatives shall be knowledgeable about the subject matter of the appeal. (c) The representative shall present to the board…

(a) After notice and opportunity for a hearing and a finding of misconduct by any individual relating to representation before the board, the individual shall be disqualified from acting as a representative before the board. (b) A finding of misconduct shall be based on the follo…

(a) A non-party may intervene in any matter pending before the board under the provisions of RSA 541-A:32, by filing a motion stating facts demonstrating that:(1) The non-party's rights or other substantial interests might be affected by the proceeding; or (2) That the non-party …

Any person in an appearance before the board may be represented by counsel at the person or party's own expense. Notes N.H. Admin. Code § Pdab 201.10 Derived from Number 2, Filed January 12, 2023, Proposed by #13500-A, Effective 12/2/2022.

(a) Unless otherwise specified, all time periods referenced in this chapter shall be calendar days. (b) Computation of any period of time referred to in this chapter shall begin with the day after the action which sets the time period in motion, and shall include the last day of …

(a) In any proceeding before the board, all motions, requests, and actions shall be conducted pursuant to RSA 541-A:31 through 38. (b) Proceedings shall be conducted in person. Notes N.H. Admin. Code § Pdab 202.01 Derived from Number 2, Filed January 12, 2023, Proposed by #13500-…

(a) The board shall issue notice of an imposed civil fine for the following: (1) Failure to register with the board annually; (2) Failure to pay the assessment fee on time; and (3) Failure to report data to the board. (b) The civil fine imposed for any violation identified in (a)…

(a) A person or party may request an appeal of the board's notice requiring: (1) Registration of the person or party with the board; or (2) Annual assessment amounts including the board's denial of a waiver of an assessment. (b) A person or party appealing a notice in accordance …

(a) All decisions, orders, notices, or other written correspondence or documents issued by or at the direction of the board shall be presumed to have been issued on the date noted on the document. (b) All written documents governed by these rules shall be deemed to have been file…

(a) All correspondence, pleadings, motions, or other documents filed under these rules shall:(1) Be clearly printed on durable paper, 81/2 by 11 inches in size; and (2) Be signed by the party or proponent of the document or, if the party appears by a representative, by the repres…

(a) Unless presented during an oral session of a proceeding, motions and all replies thereto shall be in written form and filed with the board, unless made in response to a matter asserted for the first time at the proceeding or on the basis of information which was not received …

(a) Except as otherwise provided by statute or rule, all pleadings, attachments to pleadings, and exhibits submitted at meetings shall be available for public inspection in accordance with RSA 91-A. (b) A confidential document shall not be accepted in a pleading if it is neither …

(a) The board shall for good cause pursuant to (c) below, upon request or upon the board's own initiative, advance or postpone the time and date set for any hearing. (b) If a postponement is requested by a party to the hearing, it shall be granted if the board determines that goo…

(a) Receipt of evidence shall be governed by RSA 541-A:33. (b) All documents, materials, and objects offered as exhibits shall be admitted into evidence unless excluded by the presiding officer as irrelevant, immaterial, unduly repetitious, or legally privileged. (c) All objectio…

(a) The record in a proceeding shall include all of the following that are applicable in that case: (1) All pleadings, motions, objections, and rulings; (2) Evidence received or considered; (3) A statement of matters officially noticed; (4) Any decision, opinion, or report by the…

Upon motion or the board's own initiative, if 2 or more proceedings involve common questions of law or fact, and the board determines consolidation is fair and efficient, the board shall consolidate those proceedings for hearing, decision, or both, after providing the parties not…

Whenever it shall appear to the board, upon motion or its own initiative, that injury to the substantial rights of a party or undue delay might be thereby avoided, the board shall, as fairness and efficiency permit, sever one or more issues from a proceeding and dispose of those …

To avoid unnecessary cumulative evidence in any proceeding, the board may limit the number of witnesses or the time for testimony upon a particular issue in the course of any hearing. Notes N.H. Admin. Code § Pdab 202.13 Derived from Number 2, Filed January 12, 2023, Proposed by …

(a) Settlements between the parties shall be encouraged in accordance with RSA 541-A:38. (b) Parties shall attempt to settle a matter before it is scheduled for a hearing and may settle a matter at any stage of the proceedings. (c) All settlement agreements shall:(1) Be in writin…

(a) Any time prior to the issuance of the decision on the merits, the board, on its own motion or on the motion of any party to the proceeding, shall reopen the record to receive relevant, material, and non-duplicative testimony, evidence, arguments, or exhibits not previously re…

(a) A motion for rehearing shall be filed within 30 calendar days of the board's final decision. (b) A motion for rehearing shall: (1) Identify each error of fact, error of reasoning, or error of law which the moving party wishes to have reconsidered; (2) Describe how each error …

A motion for rehearing a case subject to appeal to the New Hampshire supreme court under RSA 541 shall be granted if it demonstrates that the board's decision is unlawful, unjust, or unreasonable. Notes N.H. Admin. Code § Pdab 203.04 Derived from Number 2, Filed January 12, 2023,…

The board shall grant or deny a motion for rehearing or suspend the order or decision pending further consideration within 30 days of the filing of the motion for rehearing. Notes N.H. Admin. Code § Pdab 203.05 Derived from Number 2, Filed January 12, 2023, Proposed by #13500-A, …

(a) A stay of board action shall be specifically requested by a party to the proceeding. (b) The mere filing of a motion for reconsideration shall not operate as a stay of any order, but a motion for stay may be combined with a motion for reconsideration. (c) If the board becomes…

The board shall keep a decision or order on file in its records for at least 6 years following the date of the final decision or the date of the decision on any appeal, unless otherwise required by law. Notes N.H. Admin. Code § Pdab 203.07 Derived from Number 2, Filed January 12,…

(a) Any person or party may request a declaratory ruling from the board on matters within its jurisdiction by filing an original petition and a copy for each member of the board, which includes the following information:(1) The exact ruling being requested, including any rule or …

(a) If examination of a petition for declaratory ruling reveals that other persons would be substantially affected by the proposed ruling, the board shall require service of the petition on such persons and advise them that they may file a reply. (b) The petitioner and any person…

(a) Any person may request the board to commence a proceeding for the purpose of adopting, amending, or repealing a rule by filing a written petition that contains: (1) A statement of the petitioner's request for the proposed rule; (2) The text of the proposed rule or a statement…