North Dakota Enacts Price Transparency Law

On April 27, 2021, Governor Doug Burgum of North Dakota signed House Bill 1032 into law, making North Dakota the latest state to enact drug price transparency measures. The North Dakota law has three main disclosure requirements applicable to drug manufacturers: (1) quarterly Wholesale Acquisition Cost (WAC) reporting, (2) disclosure of certain information upon a drug price increase, and (3) notification when introducing a new drug with a WAC that exceeds certain price thresholds.

The law defines drug manufacturer as an entity that holds the national drug code for a drug that is engaged in the production, preparation, propagation, compounding, conversion, or processing of the drug or which is engaged in the packaging, repackaging, labeling, relabeling, or distribution of the drug. Importantly, wholesale drug distributors or retail pharmacies licensed in North Dakota are not included in the definition.