(a) The manufacturer of a brand name insulin prescription drug for which a generic or biosimilar prescription drug is not available and that is included in the Medicaid vendor drug program formulary must submit to the Health and Human Services Commission a written verification stating whether or not the unavailability of the generic or biosimilar prescription drug is the result, wholly or partly, of:
(1) a scheme by the manufacturer to pay a generic or biosimilar prescription drug manufacturer to delay manufacturing or marketing the generic or biosimilar drug;
(2) a legal or business strategy to extend the life of a patent on the brand name prescription drug;
(3) the manufacturer directly manipulating a patent on the brand name prescription drug; or
(4) the manufacturer facilitating an action described by Subdivisions (1)-(3) on behalf of another entity.
(b) The executive commissioner shall adopt rules prescribing the form and manner for submission of the written verification required under Subsection (a).