A. By May 1, 2025, and annually thereafter, each pharmacy benefits manager shall provide data to the superintendent that includes the following information for the previous calendar year that is attributable to patient utilization of prescription drug products covered by authorized health insurers:

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(1)     the aggregate rebates and fees collected from manufacturers; and

(2)     the aggregate dollar amount of rebates and fees collected from manufacturers that were:

(a) passed on to: 1) authorized health insurers; and 2) consumers at the point of sale of a prescription drug product; or

(b) retained by the pharmacy benefits manager.

B. A report submitted by a pharmacy benefits manager shall not disclose the identity of a specific authorized health insurer or consumer, the price charged for a specific prescription drug product or class of prescription drug products or the amount of any rebate or fee provided for a specific prescription drug product or class of prescription drug products.

C. Information provided to the superintendent pursuant to this section shall be kept confidential by the superintendent and any person acting on behalf of the superintendent, including staff and third-party contractors, and shall not be subject to the requirements of the Inspection of Public Records Act [N.M. Stat. Ann. Chapter 14, Article 2], except to the extent that the information is used on an aggregate basis across all pharmacy benefits managers, in accordance with the superintendent’s reporting requirements in Section 7 [59A-59A-7 N.M. Stat. Ann.] of the Prescription Drug Price Transparency Act. The superintendent shall include in every contract for services related to the Prescription Drug Price Transparency Act a requirement that contractors and subcontractors do not disclose confidential information to any persons other than the superintendent or a person acting on behalf of the superintendent.