SCRIPT Act

Overview of SCRIPT Act:
The SCRIPT Act, signed into law (S.L. 2025-69) by Governor Stein on July 9, 2025, relates to regulation of the pharmacy benefit manager industry and prescription drug pricing transparency. Part VII of the law requires drug manufacturers to notify interested parties about certain price increases and the price of newly introduced prescription drugs.  

How to comply with the SCRIPT Act:
According to §90-85.56.(c), “Satisfaction of Obligations,” a manufacturer's obligations under this section shall be fully satisfied by the submission of information and data that a manufacturer includes in its annual consolidated report on Securities and Exchange Commission Form 10-K or any other public disclosure.

SCRIPT Act FAQs

Tab/Accordion Items

  • Price Increases: Manufacturers are required to submit information about specified price increases from the previous calendar year by January 31 of the following year. Specified price increases include: A price increase of at least 15% for a prescription drug product with a wholesale acquisition cost of $100 or more for a 30-day supply.
  • New Products: Manufacturers are required to submit information about any new prescription drug product within 30 days of it being available for purchase in the state. For new products, the price threshold for reporting is $100 or more for a 30-day supply.

January 31 for submission of data pertaining to price increases made in the previous calendar year. For new products, submissions will be accepted on a rolling basis in order to allow for disclosure within 30 days o the product being made available for purchase in the state.

According to § 90-85.56.(c), a manufacturer's obligations under this section shall be fully satisfied by the submission of Form 10-K or any other public disclosure. It is the company’s discretion which public disclosures it submits under the law.

Under the law, the NCDHHS Secretary is required to assess civil penalties of $1,000 per day for each day the manufacturer delays submission of information. The NCDHHS Secretary will not levy fines in the event manufacturer submits a 10-K or other public disclosure.

All manufacturer submissions will be made available on the NCDHHS website. Since submission of a Form 10-K or any other public disclosure fulfils manufacturer obligations under the law, documents posted will already be in the public domain.

DHHS is still working on the submission process and will provide more details soon.

Information provided to the Secretary or an interested party under Article 4D shall be considered trade secret under Article 24 of Chapter 66 of the General Statutes, confidential, exempt from public inspection and copying under Chapter 132 of the General Statutes, and shall not be disclosed directly or indirectly unless the information is already in the public domain. Additionally, manufacturer obligations under Article 4D are satisfied by submission of a SEC Form 10-K, which is already publicly available under the SEC’s EDGAR Database.

 

For all other questions, please contact SCRIPT.Act@dhhs.nc.gov.

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