US 2006 Rx Legislation by State Resources in United States

US 2006 Rx Legislation by State Resources

State/bill/ web link / sponsor

yellow background = enacted

Description / excerpts of bill text / status summary

Bill status may change frequently – check state legislative links on bill numbers below orlegislative offices for the most recent actions.

Topic

code

HB 171

Rep. Johnson

Would provide for the regulation and licensing of pharmacy benefit managers.

(Filed and referred to committee 1/10/06; did not pass by end of regular session 4/18/06) |

PBM

HB 593

Would authorize prescription drugs dispensed to patients at certain health care facilities to be donated and transferred to charitable clinics under certain conditions; also permits samples given to physicians to be donated and transferred to charitable clinics and charitable pharmacies.

(Filed 1/06; passed House ; in Senate at end of regular session 4/8/06) |

Reuse

SB 75

FY07 Budget includes authorization for continued operation of the “Alabama SeniorRx: Partnership for Medication Access” clearinghouse program, including $2,001,125 appropriation “to ensure that Alabama SeniorRx services are maximized and that paperwork and inconvenience to the clients are minimized.” Requires quarterly reports to the legislature on number of clients served, the number of prescriptions filled and the value of the drugs provided.

(Filed 1/06; passed by Senate and House; signed into law by governor as Act 2006-335, 4/8/06)

HB 452

Rep. Guttenberg

Would create an Alaska Prescription Drug Task Force.

(Filed 2/13/06; did not pass committee by end of regular session 5/9/06) |

D, Price, Study

HB 453

Rep. Guttenberg

Would establish a program for prescription drug discounts.

(Filed 2/13/06; did not pass committee by end of regular session 5/9/06) |

HB 454,

HB 457

Rep. Guttenberg

Would require disclosure of certain drug marketing costs.

(Filed 2/13/06; did not pass committee by end of regular session 5/9/06) |

Mkt

HB 455

Rep. Guttenberg

Would affect prescriptions and generic drugs.

(Filed 2/13/06; did not pass committee by end of regular session 5/9/06) |

Brand, Generic

HB 456

Rep. Guttenberg

Would affect clinical trials of prescription drugs and biological products.

(Filed 2/13/06; did not pass committee by end of regular session 5/9/06) |

Trials

HB 458

Rep. Guttenberg

Would establish a “Fair Market Drug Pricing” program and Rx discount card.

(Filed 2/13/06; did not pass committee by end of regular session 5/9/06) |

D, M, MMA, Price

(Also see 2005 enacted Rx laws)

NO 2006 REGULAR SESSION

(Also see 2005 enacted Rx laws)

HB 2382

Rep. Groe

Would require the Board of Pharmacy to establish a prescription medication repository program to accept and dispense prescription medications that are donated to the repository.

(Filed and referred to committee 1/17/06; passed House 55y-0n, 3/6/06; passed Senate 28y-0n, 4/4/06; signed into law by governor as Ch. 136, 4/17/06)

Reuse

HB 2479

Rep. Lopez

Would require the Arizona Heath Care Cost Containment System (AHCCCS) to absorb the cost of persons’ prescription drug copayments who are dually eligible for Medicare and Medicaid and who did not have copayments before January 1, 2006, but who now do have copayments under Medicare Part D.

(Filed 1/19/06; did not pass committee by end of regular session) |

Fix, MMA, S

HB 2800

Rep. Burton Cahill

Would require a licensed pharmacist or pharmacy to keep confidential prescription information containing identifiable patient and prescriber data and would prohibit the release or sale of this information for any commercial purpose. Any such release or sale of confidential prescription information would constitute unprofessional conduct.

(Filed and referred to committee 2/6/06; did not pass by end of regular session) |

–

HB 2863

Rep. Weiers

FY 2006-2007 budget bill includes $1.5 million appropriations for payment of Part D copays for dual eligible enrollees, including acute, long-term care and behavioral health, administered by AHCCCS, the Medicaid agency. “The intent of the Legislature is that all Part D copayments will be covered as a state subsidy.” Effective 7/1/06-6/30/07.

(Filed 5/16/06, passed House and Senate; signed into law by governor as Chapter 344, 6/21/06) |

Fix, M, MMA, S

EO 2006-01

Gov. Napolitano

Transfers $500,000 (in increments of $50,000) from the Health Crisis Fund to the Arizona Heath Care Cost Containment System (AHCCCS) to pay for expenses that may be uncovered between 1/1/06 and 2/1/06. Eligible expenses include medications for dual eligible persons who have had organ or tissue transplants, who have life-threatening conditions, or who have not been assigned to a MediCare prescription drug plan.

(Executive Order #1 issued and signed by governor 1/13/06)

Fix, MMA

(Also see 2005 enacted Rx laws)

AB 71

Assm. Frommer

Would establish the Office of California Drug Safety Watch to perform duties related to adverse drug reactions, including establishing a toll-free telephone number to receive reports of adverse drug reactions, establishing a web site and maintaining a database to provide up-to-date information to the public about adverse drug reactions.

(Filed 2/3/05; did not pass committee by deadline 1/31/06) |

–

AB 72

Assm. Frommer

Would establish the Patient Safety and Drug Review Transparency Act to ensure that information regarding clinical trials of prescription drugs is available to the public, physicians and researchers. Would prohibit a California-based institutional review board with responsibility for ensuring the protection of human subjects involved in clinical trials from approving any clinical trial related to a prescription drug unless the sponsor certifies in writing that it (1) will register the clinical trial, no later than 21 days after its approval by the institutional review board, with a government sponsored and public clinical trial registry, (2) will publish the results of the study, and (3) has complied with the registry and publication requirements for any prior clinical trial that was approved by the board. Includes state civil penalty of $1,000 for failure to comply.

(Filed 1/3/05; sent to committees; did not pass committee by deadline 1/31/06) |

Trials

AB 73

Assm. Frommer

Would establish the California Rx Prescription Drug Web Site Program to provide information to residents about options for obtaining prescription drugs at affordable prices, including providing information about, and electronic links to, federal and state pharmaceutical programs and pharmacies located in Canada, England and Ireland that meet state requirements, and other web sites. Requires the web site to include price comparisons of prescription drugs. Requires the Department of General Services to determine which state programs may save funds by purchasing from new sources and establish pilot programs to purchase prescription drugs from international pharmacies.

(Filed 1/3/05; passed Assembly 6/2/05; passed Senate 9/14/05; vetoed by governor 9/29/05; consideration of governor’s veto dropped, 2/24/06) |

CL, Imp

AB 74

Assm. Gordon

Would establish the California Rx Prescription Drug Hotline, a 1-900 number costing callers no more than $0.50 per call. The Hotline will provide information on discounts available through Medicare, state and federal programs, and pharmaceutical manufacturers’ patient assistance programs. Other information would include the availability of prescription drugs from Canada and price comparisons.

(Filed and referred to committee 1/3/05; passed Assembly 47y-31n, 6/2/05; did not pass Senate committee by end of regular session 8/31/06) |

CL, Imp, MMA, Price

AB 75

Assm. Frommer

Would establish the California Rx Plus State Pharmacy Assistance Program for Californians with income below 400% of poverty and not covered by Medi-Cal or Healthy Families. Authorizes the department to negotiate drug rebate agreements with drug manufacturers to provide for drug discounts that may be linked to use of Medi-Cal prior authorization process. Also would require drug manufacturers to provide a single point of entry for their patient assistance programs, and to report total numbers and value of drugs provided to Californians through those programs; includes $5 million for implementation.

(Filed and referred to committee 1/3/05; passed Assembly 43y-34n, 6/2/05; carried over from 2005 regular session; did not pass by end of regular session 8/31/06) |

(UPDATE: AB 75 includes features similar to ballot Proposition #79, for vote by California voters. It was defeated on the ballot, 61.1% No to 38.9% Yes on 11/8/05. Also see SB 19.)

MMA, S

AB 76-final

Assm. Frommer

Would repeal provisions that authorize the Department of General Services to enter into contracts on a bid or negotiated basis with manufacturers and suppliers of drugs, and to obtain discounts, rebates or refunds. Would create the Office of Pharmaceutical Purchasing within the California Health and Human Services Agency with authority and duties to purchase prescription drugs for state agencies. Would expand the state role to act as purchasing agent for more entities and would authorize the office to “negotiate the lowest prices possible for prescription drugs.” Also authorizes establishing “a formulary or formularies for state programs”, pursuing “all opportunities for the state to achieve savings through the federal 340B program including the development of cooperative agreements with entities covered under the 340B program that increase access to 340B program prices for individuals receiving prescription drugs through state programs. It would “develop an outreach program to ensure that hospitals, clinics and other eligible entities participate in the program.

(Filed 1/3/05; passed Assembly 6/2/05; passed Senate 9/15/05; vetoed by governor 10/7/05; consideration of governor’s veto dropped, 2/23/06) |

340B, Bulk

AB 78-final

Assm. Pavley

Would require a pharmacy benefits manager to disclose specified financial and contractual details to purchasers using the PBM services. Disclosure is required only upon written request from the purchaser; the PBM may include a provision requiring disclosed information to remain confidential and proprietary. Authorized disclosure requests include: total amounts of rebates and other discounts that the PBM receives from each pharmaceutical manufacturer for drugs specified in contract; the “nature, type and amount of all revenues” the PBM receives from manufacturers for any other products or services; any aggregate drug utilization data for the purchaser’s enrollees; and any financial arrangements with prescribing providers, pharmacists or others associated with activities “to encourage formulary compliance.” Exempts health insurers and state-run programs.

(Deleted from final bill) Would require a PBM to make disclosures to its prospective purchasers, and to make specified disclosures to the public upon request. Would impose requirements on the membership of a pharmacy and therapeutics committee for a PBM, and require a pharmacy benefits manager to meet conditions before substituting a prescribed medication.

(Filed 1/18/05; passed Assembly 44y-34n; passed Senate 23y-14n 9/6/05; vetoed by governor 9/29/05; consideration of governor’s veto dropped, 2/23/06) |

PBM

AB 132

Rep. Nunez

This law requires the state, beginning on January 12, 2006, and concluding 15 calendar days later, to provide drug benefits to a Medicare-eligible person who is also eligible for Medi-Cal prescription drug benefits and who is not able to obtain drug benefits from his or her prescription drug plan under the Medicare Program. The bill would allow the Governor to extend coverage for these drug benefits from the close of the initial 15-day period for up to an additional 15-calendar-day period.

(Filed 1/13/06; reactivated 1/17/06; signed into law by governor as Chapter 2, Statutes of 2006, 1/20/06) |

Fix, M, MMA

AB 225 New item

Assm. McLeod

Changes law about electronic Rx prescribing information sharing, by allowing nonmonetary payment to providers for equipment, constistent with MMA regulations.

(Filed and referred to committee 2/3/05; passed Assembly 75y-0n, 4/18/05; passed Senate 40y-0n, 8/16/06; signed into law by governor as Chapter 698 of 2006, 9/29/06) |

MMA

AB 657

Assm. Karnette

Would require prescription containers to be labeled with the condition for which the drug was prescribed, unless the patient, physician, or a parent or legal guardian of a minor patient requests that the information be omitted.

(Filed and referred to commitee 2/17/05; passed Assembly 42y-30n, 5/19/05; carried over from 2005 session; did not pass Senate Committee by end of regular session 8/31/06) |

Label

AB 813

Assm. Nunez

Allocates $120 million to extend the Part D “emergency” program (previously authorized in AB 132) from May 17, 2006 to March 2007. The program is designed to “make whole” the dual eligible population, by allowing the department “to provide to a full-benefit dual eligible beneficiary, on an emergency basis only, coverage for a drug or drugs not included on the full-benefit dual eligible beneficiary’s prescription drug plan’s formulary or by prior authorization under Part D” for which federal financial participation is not available.

(Filed 2/18/05; passed Assembly 6/1/05; passed Senate 30y-5n 5/11/06; repassed Assembly66y-5n, 5/15/06; signed into law by governor as Chapter 24, Statutes of 2006, 5/15/06)

Fix, MMA, S

AB 1930

Assm. Berg

Would require the Department of Health Services (DHS) to provide Medi-Cal drug benefit coverage, including retroactive coverage, during any period in which drugs are provided to a resident of a long-term health care facility if that resident is Medicare eligible at the time of admission to the facility and the resident applies for and is determined eligible for full benefits under the Medi-Cal program for the period in which the drugs are provided.

(Filed and referred to committee 2/1/06; favorable committee report 3/27/06; did not passcommittee by end of regular session 8/31/06) |

MMA

AB 1937

Assm. DeVore

Would exclude from state gross income any federal subsidy payment made to a taxpayer for providing a retired employee a qualified prescription drug plan.

(Filed and referred to committee 2/1/06; did not pass committee by end of regular sesison 8/31/06) |

Tax

AB 2170

Assm. Chan

Would require the existing Gallegos-Rosenthal Patient Advocate Program to include information in the report card on the quality of care and access provided by Medicare drug plans and stand-alone prescription drug plans under Medicare Part D. (The Gallegos-Rosenthal Patient Advocate Program represents the interests of enrollees of health care service plans, and one of its functions is to create a quality of care report card on health care service plans.)

(Filed and referred to committee 2/21/06; passed Assembly 5/31/06; passed Senate 8/23/06;vetoed by governor 9/29/06) |

MMA, –

AB 2730

Assm. Nation

Would prohibit the department from entering into a contract for a drug, and from placing a drug on the Medi-Cal contract drug list, if the drug has been promoted in California through the use of direct-to-consumer advertising.

(Filed and referred to committee 2/24/06; did not pass committee by end of regular session 8/31/06) |

Mkt

AB 2877 New item

Assm. Frommer

Establishes the California RxPrescription Drug Web Site Program, which would provide information to California residents about options for obtaining prescription drugs at affordable prices. The site “shall include price comparisons of at least 150 commonly prescribed prescription drugs, including typical prices charged by licensed pharmacies in the state” by July 2008. The web site could also provide information about drug importation.

Requires the CA Department of General Services, University of California, and the Public Employees’ Retirement System “regularly meet and share information regarding each agency’s procurement of prescription drugs in an effort to identify and implement opportunities for cost savings.” Requires the state to “participate in at least one independent association” that evaluates Rx effectivessness.

(Filed 2/24/06; passed Assembly 5/31/06; passed Senate 22y-14n, 8/31/06; signed into law by governor as Chapter 720 of 2006, 9/29/06) |

Bulk, Imp, Price

AB 2911 New item

Assm. Nunez

Establishes the California Discount Prescription Drug Program within the Department of Health Services. The voluntary drug discount program includes: 1) individuals with annual income to 300% of the federal poverty guidelines, 2) persons or families facing extraordinary medical expenses equal to at least 10 percent of annual income, or 3) is enrolled in the Medicare Program, but whose prescription drugs are not covered by the

Medicare Program. The program excludes persons who receive coverage in whole or in part by Medi-Cal (Medicaid), state-funded health programs like the Healthy Families Program or “another third-party payer, provided that the individual has not reached the annual limit on his or her prescription drug coverage.” Also requires the Department to negotiate drug discount agreements with drug manufacturers ” and shall attempt to negotiate the maximum possible discount” and pursue manufacturer rebate agreements for drugs in each therapeutic category, with such manufacturer price disclosures defined as confidential. Law also includes a mechanism allowing the state to remove a manufacturer’s product from the state’s Medi-Cal preferred drug formulary and “may require prior authorization” if the drug company does not provide sufficient discounts. The use of prior authorization option takes effect August 2010. The state also will “encourage a participating manufacturer to maintain those private discount drug programs” that provide more favorable discounts, including simplified single-point-of-entry” applications.

(Filed 2/24/06; passed Assembly 48y-32n, 5/31/06; passed Senate 25y-12n, 8/29/06 signed into law by governor as Chapter 619 of 2006, 9/29/06) |Legislative news release 8/30/06

CL, D, M, PDL

AB 3041 New item

Assm. Pavley

Would allow an individual enrolled in the health plan offered by the Peace Officers Research Association (PORAC) to also enroll in a prescription drug plan under Medicare Part D.

(Filed and referred to committee 2/24/06; passed Assembly 5/4/06; passed Senate 8/23/06;signed into law by governor as Ch. 326, 9/18/06)

MMA

SB 19

Sen. Ortiz

Would establish the California Pharmacy Assistance Program (Cal Rx) under the oversight of the State Department of Health Services; would authorize implementation through a 3rd-party vendor or existing health care service providers, also authorizes the state to “attempt to negotiate drug rebate agreements” for Cal Rx with drug manufacturers. The bill would authorize any pharmacy and drug manufacturer, to provide services under Cal Rx and would establish eligibility criteria including residency, annual income up to 300 percent of federal poverty guidelines, and would prohibit dual enrollment in other federal or state prescription drug benefit program. Would authorize program termination if any of three determinations are made: that there are insufficient discounts to participants to make Cal Rx viable; that there are an insufficient number of applicants for Cal Rx; that the department is unable to find a responsible third-party vendor to administer Cal Rx.

(Filed and referred to commitee 12/6/04; action postponed 5/4/05; carried over from 2005 regular session; did not pass committee by deadline 1/31/06) |

(UPDATE: SB 19 included features similar to ballot Proposition #78, for vote by California voters. It was defeated on the 2005 ballot, 58.5% No to 41.5% Yes on 11/8/05)

D, MMA

SB 163

Sen. Scott

Would require a pharmaceutical company entering into a contract with an agency of the state to disclose the percentage of its national operating budget that is expended on marketing purposes,and the percentage of its national operating budget expended on research and development. The bill would prohibit a state department or agency from entering into a contract with a pharmaceutical company in the absence of that disclosure.

(Filed and referred to committee 5/24/05; passed Senate 22y-15n, 5/31/05; carried over from 2005; did not pass Assembly committee 6/20/06) |

Mkt

SB 329

Sen. Cedillo

Would create the California Prescription Drug Safety and Efficacy Commission within the California Health and Human Services Agency, related to providing residents with information on the safety and effectiveness of prescription drugs via an Internet web site.

(Filed and referred to committee 2/16/05; carried over from 2005; did not pass committee by deadline 1/31/06) |

SB 401

Sen. Ortiz

Would clarify that marketing includes a written communication that is provided by a pharmacy to a patient about a different drug or treatment than that being dispensed by the pharmacy and that is paid for, or sponsored by, a manufacturer, labeler, or distributor of prescription drugs, as specified. Because a violation thereof may be punishable as a misdemeanor, the bill would impose a state-mandated local program.

(Filed 4/12/05; passed Senate 23y-13n, 5/26/05; carried over from 2005 session; held in Assembly committee 8/17/06; did not pass committee by end of regular session 8/31/06) |

Mkt

SB 452

Sen. Alarcon

Would keep Medi-Cal pharmaceutical contracts exempt from the public records access, but allow chairs to legislative committeees with Rx policy responsibility to view such contracts, including confidential Medicaid pricing details.

(Filed 2/17/05; passed Senate 22y-13n, 1/30/06; did not pass Assembly by end of regular session 8/31/06) |

SB 840

Sen. Kuehl

As part of a universal health plan, would use the purchasing power of the state to negotiate price discounts and bulk rates for prescription drugs and durable and nondurable medical equipment for use by the California Health Insurance System.

(Filed and referred to committee 2/22/06; passed Senate 25y-15n, 5/31/06; passed House 45y-33n, 8/28/06; vetoed by governor, 9/22/06; reconsideration of veto pending 10/2/06)

Bulk

SB 1683

Sen. Scott

Would require a pharmaceutical company that sells, delivers or gives away pharmaceutical drugs within the state to make publicly available every new and ongoing clinical trial, the results of every completed clinical trial, and an explanation of noncompletion for any uncompleted clinical trial that the company conducts or sponsors. Includes provision for a civil penalty if a company fails to report to the state.

(Filed 2/24; favorable committee report 4/19/06; did not pass by end of regular session 8/31/06) |

Trials

SB 1691

Sen. Runner

Would establish the California State Pharmacy Assistance Program within the department to provide discount prescription drugs for low-income uninsured Californians.

(Filed and referred to committee 2/27/06; set for hearing 4/19/06; did not pass by end of regular session 8/31/06) |

SB 1702

Sen. Perata

Would establish the California State Pharmacy Assistance Program, to be administered by the State Department of Health Services, and would establish eligibility criteria for California residents to participate in the program.

Note: all pharmaceutical provisions were amended and deleted by the Assembly on 8/31/06 – see AB 2911 above.

(Filed 2/27/06; passed Senate 6/1/06; passed Assembly without Rx sections 8/31/06; signed into law by governor , as Ch. 683, 9/29/06)

SB 1729

Sen. Soto

Would amend the Public Employees Medical and Hospital Care Act to provide the CalPERS Board of Administration maximum flexibility for the implementation of Medicare Part D.

(Filed 2/24/06; passed Senate 5/11/06; passed Assembly 8/31/06; vetoed by governor, 9/29/06; reconsideration of veto pending 10/4/06)

MMA

SJR 25

Sen. Figueroa

Would urge the United States Trade Representative to take specified actions regarding international trade agreements and pharmaceutical drug programs.

(Filed 3/6/06; adopted/passed by Senate 5/11/06; did not pass Assembly by end of regular session 8/31/06) |

–

AJR 40

Rep. Chan

Urges Congress to pass H.R. 3861 (the “MediCare Informed Choice Act of 2005”), which would extend the deadline for enrollment in Medicare Part D until December 31, 2006, permit Medicare beneficiaries to change plans once in 2006 if they have made a poor selection, and protect those with retiree health benefits who may not be aware that purchasing Medicare drug coverage could cost them their retiree benefits.

(Filed 1/19/06; adopted/passed by Assembly 4/14/06; adopted/passed by Senate5/25/06; Chaptered by Secretary of State as Res. Chapter 60, 6/1/06)

Fix

AJR 49

Rep. Nation

Requests that the United States Food and Drug Administration aggressively monitor and regulate direct-to-consumer advertising of prescription drugs by pharmaceutical companies, and would memorialize the President and the Congress to ban that advertising.

(Filed and referred to committee 4/3/06; adopted by Assembly 5/25/06; adopted by Senate8/22/06)

Mkt

(Also see 2005 enacted Rx laws)

HB 06-1100

Rep. Frangas

Would require the General Assembly to enact a statute to create the Colorado Discount Drug Program, which will be a negotiated drug purchasing program. Would also refer the question of whether the General Assembly should enact such a statute to Colorado voters at the next general election.

(Filed and referred to committee 1/13/06; did not pass House third reading 5/2/06) |

HB 06-1252

Rep. Frangas

Would establish the “Colorado Care Rx Program,” which would allow any eligible person, political subdivision of the state or business to purchase prescription drugs at the discounted rate negotiated by the entity administering the program. Would create the “Colorado Rx Clearinghouse” to provide medically necessary prescription drugs through patient assistance programs sponsored by pharmaceutical drug manufacturers, drug wholesalers or retail pharmacies and the program. Would require the administering entity to maximize prescription drug discounts through the use of the federal 340B drug pricing program.

(Filed and referred to committee 1/31/06; did not pass House committee 5/1/06) |

D, Price, 340B, CL

SB 06-1

Sen. Hagedorn

Would require the Department of Health Care Policy and Financing to apply for federal authorization to enter into a multi-state drug purchasing pool for the benefit of Colorado’s Medicaid recipients and eligible low-income residents; would establish the Colorado Cares Rx Program to allow for the purchase of discounted prescription drugs and authorize use of a preferred drug list; would require a pharmaceutical manufacturer to annually disclose to the Medical Services Board specific expenditure information, including expenditures for direct marketing to consumers and lobbying; would require the Board to disclose expenditure information to the public via the Internet; would refer the question of whether Colorado should enact these cost-saving measures to Colorado voters at the next general election.

(Filed 1/1/06; passed Senate 25y-10n, 4/26/06; passed House 64y-1n, 5/3/06; vetoed by governor 5/26/06) |

Bulk, D, Mkt, PDL

SB 06-164

Sen. Keller

Would require a pharmacy benefits manager to disclose any conflicts of interest to a covered entity; would prohibit a pharmacy benefits manager from requiring a pharmacist to participate in one contract as a requirement to participate in another contract; would require periodic audits; would make the information disclosed to a covered entity a trade secret.

(Filed and referred to committee 1/30/06; passed Senate 21y-13n, 2/27/06; did not pass House committee by end of session 3/20/06) |

PBM

(Also see 2005 enacted Rx laws)

HB 5005

Rep. Janowski

Would ensure that ConnPACE recipients who are required to enroll in the Medicare Part D program continue to receive their prescription drugs in quantities that are the equivalent of what such persons received prior to the implementation of the Medicare Part D program.

(Filed and referred to committee 2/8/06; did not pass by end of regular session) |

MMA

HB 5636

Human Services Comm.

Would lower the ConnPACE copayment requirement from $16.25 to $10.25.

(Filed and referred to committee 3/1/06; did not pass by end of regular session) |

MMA

HB 5637

Human Services Committee

Would allow recipients of prescription drug benefits under the Medicaid, state-administered general assistance and ConnPACE programs access to a temporary supply of a brand name prescription drug in the absence of prior authorization for such drug in emergency situations.

(Filed and referred to committee 3/1/06; did not pass by end of regular session) |

Brand

SB 2

Sen. Prague

Would increase the state’s purchasing power by joining with other states to purchase prescription drugs.

(Filed and referred to committee 2/8/06; did not pass by end of regular session) |

Bulk

SB 450

General Law Committee

Would allow for the rapid transfer and dispensing of medications and to create a mechanism for the Department of Consumer Protection to obtain the location of specific medications in the event of an emergency.

(Filed and referred to committee 2/28/06; public hearing 3/7/06; did not pass by end of regular session) |

–

SB 483

Ins./Real Estate Comm.

Would provide greater transparency and disclosure between pharmacy benefit managers and the entities which employ them to manage their prescription drug benefit plans.

(Filed and referred to committee 3/1/06; did not pass by end of regular session) |

PBM

SB 580

Public Health Comm.

Would establish standards and disclosure requirements for pharmacy benefits managers.

(Filed and referred to committee 3/3/06; did not pass by end of regular session) |

PBM

SB 648

Public Health Comm.

Would allow any Federally Qualified Health Center that has received Department of Social Services funds to establish a “§ 340B” affordable pharmaceutical drug program for qualified low-income patients or expand an existing drug program to include qualified low-income patients according to “§ 340B,” to use these funds for administrative, operational and capital costs associated with the programs.

(Filed and referred to committee 3/9/06; passed Senate 4/27/06; did not pass House by end of regular session) |

340B

(Also see 2005 enacted Rx laws)

HB 39

Rep. George

Would require health insurers to cover the cost of prescriptions as ordered by an insured’s doctor, even if a substitute drug exists, when the doctor justifies the need for the drug, as prescribed. The justification form will be created by the Medical Society of Delaware and representatives of the insurance industry and must be in use by January 1, 2006.

(Filed and referred to committee 2/4/05; carried over from 2005 regular session; did not pass by end of 2006 regular session) |

Brand, –

HB 45

Rep. Spence

Would prohibit the Department of Health and Social Services from establishing co-payments for pharmaceutical services unless such co-payments that cannot be collected from certain needy individuals pursuant to Federal law are to be paid by the state.

(Filed and referred to committee 2/4/05; carried over from 2005 regular session; did not pass by end of 2006 regular session) |

M, S

HB 93

Rep. Spence

Would ensure that changes to or restrictions in pharmaceutical benefits provided to Medicaid patients are expressly authorized by the General Assembly.

(Filed and passed Assembly 3/22/05; carried over from 2005 regular session; did not pass by end of 2006 regular session) |

Brand, M

HB 516

HB 541

Rep. Maier

Would establish standards and criteria for the regulation, solvency and licensing of Pharmacy Benefit Managers. This Act is designed to promote, preserve and protect the public health, safety and welfare by and through effective regulation of Pharmacy Benefit Managers practices.

(HB 516 filed and referred to committee 6/21/06; HB 541 filed and referred to committee 6/29/06; no action taken before end of session 6/30/06) |

PBM

(Also see 2005 enacted Rx laws)

HB 371

Rep. Harrell

Establishes and maintains a cancer drug donation program under which a person, health care facility, hospital, pharmacy, drug manufacturer, medical device manufacturer or supplier, wholesaler of drugs or supplies, or any other entity may donate cancer drugs or supplies needed to administer cancer drugs for use by an individual who meets eligibility criteria specified by the Department of Health by rule. A person who is eligible to receive cancer drugs or supplies under the state Medicaid program or under any other prescription drug program funded in whole or in part by the state is ineligible to participate in the program.

(Filed and referred to committee 11/10/05; passed House 116y-0n, 4/25/06; passed Senate with amendments 38y-0n, 5/5/06; passed House as amended 93y-20n, 5/5/06; signed into law by governor as Ch. 2006-310, 6/27/06)

Reuse

HB 1541

Rep. Slosberg

Would authorize the Agency for Health Care Administration and the Department of Management Services to conduct studies to determine the cost savings associated with the importation of pharmaceuticals for state Medicaid recipients, as well as for members of the state group health insurance plan. The purpose of this bill would be to discover more fically responsible pharmaceutical purchasing practices for state-funded prescription plans.

(Filed and referred to committee 3/7/06; died in committee 5/5/06) |

Study

HB 7125

Rep. GarciaSB 1408

Health Care Comm.

Would allow for the development and regulation of electronic prescribing practices and provides protection for consumers, including the prohibition of advertising. This bill would establish information that must be contained in electronic prescriptions and provides mechanisms to ensure that patients receive brand name drugs, when such drugs are medically necessary, instead of generic substitutes when prescribed electronically. This bill would also establish disclosure and confidentiality requirements for medical and prescription records.

(HB 7125 filed and referred to committee 3/15/06)

(SB 1408 filed and referred to committee 1/13/06; passed Senate 37y-0n, 3/29/06; passed House118y-0n, 5/3/06; signed into law by governor as Chapter 2006-271, 6/22/06)

E, Mkt

SB 1310

Sen. Clary

Would create the “Cancer Drug Donation Program Act,” which would establish the Cancer Drug Donation Program within the Department of Health.

(Filed and referred to committee 1/31/06; substituted HB 371, which was signed into law by governor as Ch. 2006-310, 6/27/06)

Reuse

SB 1332

Sen. Fasano

Would require the Agency for Health Care Administration to collect data on retail prices charged by pharmacies for the 100 most frequently prescribed medications.

(Filed and referred to committee 1/10/06; substituted HB 7073, which was signed into law by governor as Ch. 2006-261, 6/20/06)

Price

(Also see 2005 enacted Rx laws)

HB 331

Rep. Gardner

Would provide that every retail pharmacist must include the total pharmacy reimbursement for an outpatient prescription drug on the receipt for the prescription drug.

(Filed 2/7/05; held in committee 3/06; did not pass by end of regular session) |

Price

HB 358

Rep. Stephens

Would provide that any contract, including Medicaid, between the Department of Community Health and a care management organization require refund to the state of prescription drug rebates.

(Filed 2/8/05; held in committee 3/06; did not pass by end of regular session) |

M, PBM

HB 430,

HB 1178

Rep. Hill, Rep. Cooper

Would enact “Karon´s Law” to provide for the establishment and operation of a drug repository program to accept and dispense donated prescription drugs; and defining who is authorized to donate drugs; defining entities that may accept and dispense donated drugs; and limit the liability for drug manufacturers and for persons and entities participating in the program.

(Filed and referred to committee 2/14/05; carried over to 2006 from 2005 regular session.

HB 1178 passed House 166y-0n, 3/9/06; passed Senate 32y-15n; signed into law by governoras Ch. 468, 4/18/06)

Reuse, Liability

HB 887

Rep. Ehrhart

Would provide for limited liability for physicians and pharmaceutical manufacturing companies from claims for damages incurred pursuant to prescriptions filled outside of the United States.

(Filed 3/29/05; held in committee 3/06; did not pass by end of regular session) |

Imp, Liability

HB 907

Rep. Reece

Would enact the “Wholesale Licensure and Prescription Medication Integrity Act,” which provides for license requirements and procedures for wholesale distributors of prescription drugs.

(Filed and referred to committee 3/31/05; re-reported to committee 1/9/06; passed House 163y-3n, 3/13/06; did not pass Senate by end of regular session) |

Whole

HB 1364

Rep. Sheldon

Would create the “Georgia Medicare Part D Authorized Decision Makers Act,” which would meet the pharmaceutical needs of disabled adults and elder persons who need to purchase an insurance product to provide for their prescription drugs and lack the capacity to do so on their own and have no authorized representative to do so on their behalf.

(Filed and referred to committee 2/16/06; passed House 152y-1n, 3/6/06; did not pass Senate by end of regular session) |

MMA

HB 1507

Rep. Stephens

Would prohibit prior authorization for a prescription drug that a drug manufacturer provides to a community pharmacy at the lowest price of a pricing structure.

(Filed and referred to committee 3/1/06; did not pass by end of regular session) |

Price

HR 1767

Rep. Drenner

Non-binding resolution, commends the Together Rx Access Card program and its participating pharmaceutical companies for their efforts to help uninsured Georgia residents gain greater access to prescription products.

(Filed, referred to committee and adopted 3/9/06)

Brand, D

SB 85

Sen. Tate

Would establish the Georgia Rx Program to reduce prescription drug prices for residents either eligible for Medicare or age 55 and over with incomes up to 350 percent of federal poverty. Would also establish the amount of rebates, require disclosure of savings, provide for the commissioner of community health to negotiate rebates with drug manufacturers, and require retail pharmacies to discount the price of drugs covered.

(Filed 1/28/05; held in committee 3/06; did not pass by end of regular session) |

D, MMA

SB 199

Sen. Balfour

Would allow selling, distributing, and delivering prescription drugs by mail to individuals enrolled in a closed panel HMO.

(Filed 2/16/05; passed Senate 33y-18n, 2/25/05; did not pass House by end of regular session) |

Mail

SB 243

Sen. Goggans

Would provide for the development of a strategy for disseminating information to the public concerning the availability of pharmaceutical assistance programs and pharmaceutical discount purchasing card programs; would provide for the coordination of such dissemination of information through the Division of Aging Services of the Department of Human Resources and provide for the establishment and maintenance of a web site and a toll-free telephone number for the dissemination of information.

(Filed and referred to committee 2/23/05; recommitteed by Senate 1/9/06; did not pass by end of regular session) |

SB 397

Sen. Goggans

Would require that electronically transmitted prescription drug orders may only be transmitted by the prescribing practitioner and must be transmitted directly to the patient’s pharmacy of choice with no access by intervening persons. For the purposes of this bill, electronically transmitted prescription drug orders would be considered confidential.

(Filed and referred to committee 1/10/06; did not pass by end of regular session) |

HB 30

Rep. Takumi

Would authorize the Director of Human Services to use the Federal Supply Schedule (FSS) as a benchmark in negotiating and purchasing brand name prescription drugs for prescription drug programs administered by the state.

(Filed and referred to committee 1/22/05; passed House 3/8/05; passed Senate 24y-0n, 4/11/06;did not pass conference committee by end of regular session 5/3/06) |

Price

HB 31

Rep. Takumi

Would require marketing disclosure by drug manufacturers covering “the value, nature, and purpose of any gift, fee, payment, subsidy, or other economic benefit provided in connection with detailing, promotional, or other marketing activities by the company” to any physician, hospital, nursing home, pharmacist, health benefits plan administrator, or any other prescriber. Also would require transparency in pharmacy benefit managers (PBMs), including that purchasers “may request that any pharmacy benefits manager “disclose to the covered entity the amount of all rebate revenues and the nature, type, and amounts of all other revenues” the PBM receives from each pharmaceutical manufacturer, at least annually. Includes the right to obtain annual audits of the PBM, with the PBMs’ “confidential and proprietary information” included but protected from further use or distribution. NOTE: Final versions delayed effective date for 45 years, until 2050.

(Filed and referred to committee 1/20/05; carried over, but did not pass by end of 2006 regular session) |

Mkt, PBM

HB 32

Rep. Takumi

Would require the Director of DHS to establish a Pharmacy Best Practices and Cost Control Program including Medicaid and other state public assistance health benefits plans, in which any public and private health plan may participate. Includes a prescription drug preferred list and prior authorization review process. Requires drug manufacturers to disclose economic benefits of $25 or more provided to persons who prescribe, dispense, or purchase prescription drugs.

(Filed and referred to committee 1/20/05; carried over, but did not pass by end of 2006 regular session) |

M, Price, PDL, Mkt

HB 102

Rep. Hiraki

SB 462

Sen. Taniguchi

Would require medical research subject to chapter 324 of the Hawaii Revised Statues that includes prescription drugs as part of a clinical trial, research, or experimental treatment for a serious or life-threatening diseases to register the study with a public registry; public registry information shall include potential benefit and harm.

(Filed and referred to committee 1/22/05; carried over, but did not pass by end of 2006 regular session) |

Trials

HB 103

Rep. Hiraki

Would add language that prohibits the Department of Human Services from restricting a physician’s abililty to treat patients with mental illnesses though the use of a restrictive formulary, therapeutic substitution, or preferred drug classification.

(Filed and referred to committee 1/21/05; carried over, but did not pass by end of 2006 regular session) |

PDL

HB 209

Rep. Herkes

Would require results from clinical trials conducted in hospitals and universities to be made public. “Clinical trial” means a controlled test of a new drug or a new invasive device on human subjects that is conducted under the direction of the Food and Drug Administration before being made available for general clinical use.

(Filed and referred to committee 1/24/05; carried over, but did not pass by end of 2006 regular session) |

Trials

HB 1001,

SB 1357

Sen. Baker

Would require medical research that includes prescription drugs as part of a clinical trial, research, or experimental treatment for serious or life-threatening diseases to register the study with a public registry; public registry information shall include potential benefit and harm.

(Filed and referred to committee 2/1/05; carried over, but did not pass by end of 2006 regular session) |

Trials

HB 1052,

SB 1209

Rep. Arakaki,

Sen. Oakland

Would establish a pharmaceutical cost management council to consider strategies to manage increasing costs of prescription drugs and increase access to prescription drugs for all Hawaii residents.

(Filed and referred to committee 1/27/05; carried over, but did not pass by end of 2006 regular session) |

Price

HB 1058

SB 868

Rep. Arakaki, Sen. Baker

Would appropriate funds to the DOH for federally qualified health centers and the Medicine Bank to provide pharmacy services and supplies to low-income patients.

(Filed and referred to committee 1/26/05; carried over, but did not pass by end of 2006 regular session) |

304B, –

HB 1869

Rep.

Would require that a prescription drug manufacturer post on the publicly accessible Internet web site of the federal National Institutes of Health or another publicly accessible web site, the name of the entity that conducted the clinical trial, a summary of the, the dates of the trial, and the results of the clinical trial, including potential or actual adverse effects of the drug. Would also require that a manufacturer may not present a regulated advertisement, unless that advertisement meets federal and state requirements concerning misbranded drugs and devices and prescription drug advertising. Effective date would begin October 15, 2007.

(Filed and referred to committee 1/19/06; passed House, 3/3/06; favorable Senate committee report 3/24/06; measure deferred 4/4/06; did not pass by end of 2006 regular session) |

Mkt, Trials

HB 1872

Rep. Takumi

Would make it illegal for any drug manufacturer or drug manufacturer’s licensee, excluding a point of sale retail seller, to sell or supply for sale a patented prescription drug at an excessive price or impose minimum resale requirements for a patented prescription drug that results in the prescription drug being sold in the State of Hawaii for an excessive price.

(Filed and referred to committee 1/19/06; committee recommends measure be deferred 2/23/06; did not pass by end of 2006 regular session) |

Price

HB 1873

Rep. Takumi

Would prohibit prescription records containing identifiable patient and prescriber data from being sold for commercial purposes.

(Filed and referred to committee 1/19/06; passed House, 3/7/06; did not pass by end of 2006 regular session) |

–

HB 1875

Rep. Schatz

Would lower prescription drug costs for individuals, businesses, and the state and protect the health of Hawaii residents by deterring the practice of unethical gift giving by drug manufacturers. This bill would require drug manufacturers to disclose the value, nature and purpose of any gift, fee, payment, subsidy or other economic benefit in excess of $25 that is provided in connection with detailing, promotional or other marketing activities by the manufacturer to any physician, hospital, nursing home, pharmacist, health benefit plan administrator or any other person in the state authorized to prescribe, dispense or purchase prescription drugs.

(Filed and referred to committee 1/19/06; committee recommends measure be deferred 1/30/06; did not pass by end of 2006 regular session) |

Mkt

HB 2046

Rep. Shimabukuro

Would prohibit any drug manufacturer, excluding a point of sale retail seller, from selling or supplying for sale a patented prescription drug for an excessive price or imposing minimum resale requirements for a patented prescription drug that results in the prescription drug being sold for an excessive price.

(Filed and referred to committee 1/20/06; did not pass by end of 2006 regular session) |

Price

HR 60

HCR 80

Rep. Takumi

Would request that the President and Congress of the United States adopt the following changes to the Medicare Part D Program: (1) eliminate the penalty for all Medicare-eligible individuals enrolling after May 15, 2006; (2) permit prescription drug plans to drop coverage of drugs on their formularies only after advance notice; (3) standardize the formulary design; (4) modify the requirements for what can be counted toward the Medicare beneficiaries’ “true out-of-pocket cost,” or “TROOP,” (5) ensure transparency so that states know the cost negotiated by the prescription drug plan; and (6) institute price negotiations for the purchase of prescription drugs for the Medicare program.

(Filed and referred to committee 3/13/06; HR 60 did not pass by end of 2006 regular session; HCR 80 adopted in final form 4/24/06) |

MMA

SB 897

Sen. Hee

Would require the manufacturer or sponsor of clinical testing of a new drug to report data to DOH and to ClinicalTrials.gov and to notify the person to whom a new drug is being administered and the person’s primary care physician where they can obtain the data.

(Filed and referred to committee 1/26/05; carried over, but did not pass by end of 2006 regular session) |

Trials

SB 958

Sen. Ige

(Filed and referred to committee 1/26/05; carried over, but did not pass by end of 2006 regular session) |

Trials

SB 1440

Sen. Menor

Would require marketing disclosures by drug manufacturers; requires transparency in pharmacy benefit managers.

(Filed and referred to committee 1/27/05; carried over, but did not pass by end of 2006 regular session) |

Mkt, PBM

SB 2138

Sen. Baker

Would make it an unfair or deceptive act or practice for drug manufacturers to sell patented prescription drugs for an excessive price or impose minimum resale requirements that result in an excessive price; defines “excessive price” as over 30 percent higher than the price in any high income country.

(Filed and referred to committee 1/23/06; did not pass by end of 2006 regular session) |)

Price

US 2006 Rx Legislation by State Resources

US 2006 Rx Legislation by State Resources in United States

US 2006 Rx Legislation by State Resources

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