SB20-107: Prescription Drug Production Costs Transparency Act of 2020

• Directs the Department of Health Care Policy and Financing (or a third-party contractor) to collect and analyze data on the 20 highest-cost prescription drugs per course of therapy and 20 highest-cost drugs by volume purchased by state departments of corrections, human services, personnel, and health care policy and financing during fiscal years 2019-20 and beyond.

• Requires manufacturers to provide detailed information on wholesale acquisition cost components including research and development, clinical trials, regulatory costs, materials, manufacturing, patent/licensing costs, and promotional marketing expenses within 120 days of request (by June 1 deadline).

• Mandates annual prescription drug price transparency reports to specified legislative committees (House Health and Insurance Committee, Senate Health and Human Services Committee, and Joint Budget Committee) by December 1, 2021, and each December 1 thereafter.

• Protects proprietary manufacturer information from public disclosure under the Colorado Open Records Act and exempts contractor selection from procurement code requirements.

• Imposes civil penalties of up to $10,000 per day on manufacturers that fail to report required information, with enforcement authority granted to the Attorney General and district attorneys.