| 2005 Prescription Drug State Legislation | ARCHIVE: Updated for all 2005 sessions; reposted March 2009 | In 2005, state legislatures have a stronger than ever health policy focus on prescription drugs. In part this reflects the fact that, according to a recent survey, about 154 million Americans say they take prescription medication regularly, often improving the quality of lives and sometimes saving lives, all at an annual cost of $223 billion this year.[1] As of December, more than 600 separate bills and resolutions in all 50 states sought to address a wide array of policies affecting access, affordability, payment and other regulation of prescription drugs. For the second year in a row, legislation related to the federal Medicare drug benefit is being considered widely, reflecting the looming deadlines for implementation of the federal plans. Last year 21 states considered such bills in the first four months; this year this total jumped to at least 43 states. These proposals seek to adjust existing state subsidy plans in 32 states and discount plans in 23 states, while several states explore brand new programs for 2005. 21 states are examining possible roles in pharmaceutical importation, 18 states are considering interstate or interagency bulk purchasing while eight states examine expanded use of the federal 340B drug pricing program. At least four states considered requiring public posting of comparative prices for frequently used medications, with the first such bill passed and signed in New York. Several new trends include proposals establishing state requirements for drug clinical trials conducted by manufacturers, and growing interest in drug monitoring programs aimed at catching potential illegal sales or use of prescription drugs. At the same time, there are more measures proposing to protect or expand access to brand name drugs, and to protect manufacturers or providers from liability in pharmaceutical-related lawsuits. Continuing a pattern from recent years, some legislation seeks to achieve cost containments through use of generic drugs, preferred drug lists, and/or disclosure of financial information. 2005 Laws and Actions: As of the end of December 2005, 129 new laws had been signed in Alaska, Arizona (2), Arkansas (4), California (8), Colorado (3), Connecticut (2), Delaware (2), Florida (2), Hawaii (4), Idaho, Illinois, Indiana (2), Iowa (2), Kentucky, Louisiana, Maine (13), Maryland (2), Massachusetts, Michigan (2), Minnesota (3), Mississippi, Missouri (3), Montana (2), Nebraska, Nevada (3), New Hampshire (2), New Mexico, New York (4), North Carolina, North Dakota (2), Ohio, Oklahoma (6), Oregon (2), Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont (2), Virginia (8), Washington (5), West Virginia (2), Wisconsin (3), Wyoming and the District of Columbia. In addition 12 non-binding resolutions were adopted in Colorado, Idaho, Illinois, Nevada, New Jersey, New Mexico, Rhode Island, Texas and Virginia. | 2006-08 Legislation: NCSL has published separate reports for the most recent legislation:
1) 2008 Prescription Drug State Legislation, tracks activities affecting 500+ bills and resolutions during the new calendar year. 
2) 2007 Prescription Drug State Legislation, tracks activities affecting 650+ bills and resolutions during the new calendar year.
3) 2006 Prescription Drug State Legislation, tracks 615+ bills and resolutions during the '06 calendar year, including carry-over items from 2005.
This 2005 report is intended as an active archive covering January through December, but it does not include every subsequent action in 2006. Some individual bill links may no longer be active. |
- Alaska establishes the Senior Care Prescription Drug Benefit Program to provide premium and deductible assistance under MMA, for seniors 65 or older with income up to 175 percent of federal poverty.
- Arkansas establishes a new Rx Discount Program including low and moderate income residents under 65, and a reuse of donated drugs program.
- California law requires all sponsors of a prescription drug plan (PDP) authorized by the federal Medicare Prescription Drug Act of 2003 in California to be licensed by the state as a health care service plan.
- Colorado law clarifies that drugs not covered by Medicare in 2006 may be covered by Medicaid.
- Connecticut authorizes wrap-around and coordination of benefits between ConnPACE and MMA, including allowing the state to apply on behalf of current state subsidy enrollees.
- Delaware defines a wrap-around benefit for Medicare enrollees, to cover certain premiums or deductibles with state funds.
- Hawaii creates a new State Pharmacy Assistance subsidy program for residents age 65 and older and disabled individuals, with incomes up to 100 percent of federal poverty, intended to wrap around Medicare benefits in 2006.
- Illinois establishes a new Senior and Disabled Drug Coverage program to wrap around benefits with Medicare; and extends the Discount Program to cover all residents with incomes under 300 percent of federal poverty.
- Indiana requires recommendations redesigning the state prescription drug program to avoid conflict with the federal Medicare prescription drug benefit program, including allowing automatic enrollment and other methods.
- Kentucky creates a new subsidized pharmacy assistance program for seniors over 65 and under 150 percent of federal poverty that wraps around Medicare Part D benefits; also creates a donated drug reuse program.
- Louisiana includes $190 million for "buy-in" premium assistance for up to 160,000 Medicare-Medicaid dual-eligibles, "for those eligible individuals who cannot afford to pay their own 'out-of-pocket' Medicare costs."
- Maine establishes state standards for drug clinical trials, and creates a Part D wrap around benefit.
- Maryland laws will authorize a state subsidy for some Medicare Part D premiums and deductibles, and will offer discounts to some under-65 uninsured residents.
- Massachusetts requires the state Prescription Advantage program to provide MMA wrap around "assistance for premiums, deductibles and co-payments” instead of state-based insurance, and authorizes facilitated or automatic enrollment.
- Michigan eliminates a current prohibition against mail-order pharmacies.
- Minnesota requires that stand-alone Medicare Part D prescription drug plans (PDPs) obtain state certification and show financial soundness.
- Mississippi law adds Medicare Part D eligibility with annual income up to 150 percent of federal poverty as a category of Medicaid eligibility.
- Missouri law creates a newly defined Missouri Rx pharmaceutical assistance plan, now including disabled, to coordinate with MMA by payment of copays and deductibles and authorizing preferred enrollment. They terminate the old "Senior Rx" program.
- Montana creates a new pharmaceutical assistance program for Medicare enrollees up to 200 percent of federal poverty and a separate discount program for residents under age 65.
- Nevada requires the state to coordinate prescription drug services provided by the state and those provided by Medicare, with a goal of maintaining present coverage "to the extent allowed by federal law," maximizing prescription drug coverage and use of federal funds.
- New Hampshire creates a new SPAP to coordinate coverage with Medicare, covering only drug costs not covered by the Part D program as the payor of last resort; also suspends so-called "clawback" payments to the federal Medicare program in 2006, "unless a court determines that provisions of Medicare Part D are constitutional."
- New Jersey requires enrollment in Medicare Part D to be eligible for wrap-around benefits from the state PAAD subsidy program in 2006.
- New Mexico establishes a voluntary discount card program for residents under age 65 (the state has another program for people over 65); the only requirement is age and residency and evidence of no other prescription drug coverage.
- New York provides that Part D enrollees in 2006 will remain eligible for EPIC subsidy benefits; the state will pay the portion of the cost ofr drugs which no payment or reimbursement is made by the Medicare program less the participant's co-payment. The annual registration fee will be waived for Part D enrollees eligible for low-income subsidy.
- North Carolina terminates the Senior Cares prescription drug subsidy program as of December 31, 2005, but authorizes Part D automatic enrollment for state program beneficiaries up to 135 percent of FPL.
- North Dakota laws regulate PBM disclosure and contract transparancy, and clarify that drugs not covered by Medicare in 2006 may not be covered by Medicaid, except during a six-week transition period in January-February.
- Oklahoma law establishes a new combined clearinghouse and discount program, based on voluntary negotiations with manufacturers, aimed at uninsured residents and their families.
- Rhode Island creates a programs allowing regulated donation of unused prescription medications for re-prescribing to indigents.
- South Carolina creates a Gap Assistance Prescription Program for Seniors (GAPS) as of January 1, 2006, to replace the SILVERxCARD subsidy program of 2000-2005, with a state-funded wraparound benefit covering $2250-$5100 annually.
- Texas law authorizes creation of a state-run Web site to help Texans buy prescription drugs from Canada, including listing state-inspected approved Canadian distributors.
- Utah law establishes a Rx management program using 340B drug pricing.
- Vermont authorizes joining the multi-state web-based importation project, and authorizes a wrap around fort heir state pharmaceutical programs.
- Virginia requires that state health-related websites include information directing residents "to publicly available information on clinical drug trials and other clinical studies" including those sponsored by the NIH and private databanks.
- Washington authorizes a prescription drug purchasing consortium, using their evidence-based prescription drug program, with all state agencies required to participate, and voluntary involvement by private insurers and uninsured residents.
- Wisconsin increases the funding for the state pharmaceutical program (SPAP) by $12.4 million.
- Wyoming creates a donated drug reuse program.
This tracking report generally does not include legislation regulating only pharmacists and pharmacies, nor measures only affecting Medicaid. Topic codes listed for individual bills identify major topics, but may not include all provisions. Codes may include measures that would restrict, as well as expand, use of a particular policy. TABLE 1: 2005 Rx Legislation Topic Summary | Prescription Drug Bill Major Topics | Topic Code | States with 2005 legislation
(Underline = passed by legislature;
Green = '04 signed in '05) | | Use of federal 340B discount price program | 340B | CA, CO, ME, MA, MN, NM, NY, RI, UT | | Expanded access to brand name Rx | Brand | CO, DE, FL, HI, ID, KY, ME, MA, MN, MS, MO, NJ, OK, RI, TN, TX, VT | | Multi-state or inter-agency bulk purchasing | Bulk | CA, CO, CT, IN, ME, MD, MA, MN, MT, NH, NY, NC, OH, OK, RI, SC, TX, VA, WA | | Clearinghouse information | CL | AR, CA, CO, CT, GA, ID, IA, ME, MA, MI, MO, MT, NV, NM, OK, OR, TX, VA , WA | | Discount program | D | AR, CA, CO, GA, ID, IN, IA, KY, ME, MD, MA, MI, MN, MS, MO, MT, NE, NH, NJ, NM, OH, OR, PA, RI, SC, TN, TX, UT, VT, WA, WV | | Generic drugs | Generic | AL, CA, FL, MA, NJ, NM, NY, OR, TN, TX | | Regulate drug importation or reimportation | Imp | CA, CO, CT, FL, GA, ME, MD, MA, MN, MO, MT, NV, NM, OH, OK, OR, PA, TN, TX, VT, (VA) WA | | Regulate forms, labels or packaging on retail Rx | Label | CA, CT, DE, IL, IN, ME, MA, MT, OK, PA, TN, WA, WI | | Protecting Rx manufacturers or providers from suits | Liability | GA, KY, MO, NY, OH, OR, SC, WA, WV | | Mail-order pharmaceuticals | Mail | CT, GA, ME, MA, MI, NJ, TX | | Marketing & advertising
(see www.ncsl.org/programs/health/rxads.htm for more information) | Mkt | AR, CA, CT, FL, HI, IL, IA, ME, MA, MN, MT, MS, NV, NH, NJ, NM, NY, OH, OK, OR, PA, RI, SC, TN, VT, WA, WI, WY | | Medicaid
(partial list; see notes) | M | CA, CO, CT, DE, FL, DE, FL, GA, HI, ID, KS, KY, LA, ME, MA, MI, MN, MO, MS, MT, NE, NV, NH, NJ, NY, ND, OH, OK, OR, RI, TN, TX, VT, WY | | Medicare Prescription Drug Act (MMA) state changes
(Also see:
2005 State Pharmaceutical and Medicare Coordination Legislation | MMA | AK, AZ, AR, CA, CO, CT, DE, FL, GA, HI, IL, IN, IA, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, TN, TX, VT, VA, WA, WV | | Regulation of pharmaceutical benefit managers | PBM | AR, CA, CO, CT, FL, HI, IL, MN, (MT), NM, NY, ND, PA, SC, TX | | Preferred Drug List (partial list; see notes) | PDL | CO, HI, ME, MD, MA, MS, NE, NM, NY, ND, OR, RI, TN, TX, VT, WA | | Relates to pricing of pharmaceuticals | Price | CA, CO, CT, DC, FL, GA, ID, IL, ME, MD, MA, MI, MS, MO, NV, NJ, NM, NY, OH, OK, OR, PA, RI, TN, TX, VT, VA, WA, WV | | Reuse or recycling of pharmaceuticals | Reuse | AR, CA, CO, CT, GA, IN, IA, KY, ME, MA, MI, MN, NE, OK, PA, RI, VA, WA, WV, WI, WY | | State Rx Subsidy program | S | AK, AR, CA, CT, DE, FL, HI, IL, IA, KS, KY, LA, ME, MD, MA, MN, MO, MT, NV, NH, NJ, NM, NY, NC, OK, OR, PA, RI, SC, TN, TX, VT, VA, WA, WV, WI | | Study or task force on Rx | Study | CA, CT, DE, FL, ME, MA, MI, NH, NY, NC, OK, PA, VA | | Disclose or regulate in-state Rx clinical trials | Trials | CA, CT, HI, IL, KS, ME, MD, NV, NJ, NY, ND, OR, PA, TN, VT, VA | | Regulate Rx wholesalers; preventing counterfeits | Whole | AZ, AR, CA, CT, FL, IL, IN, ME, NE, OK, OR, SD, TX, UT, VA | | Other Rx policy | - | CA, CT, DE, IA, PA, TX, VA, WV | TABLE 2: 2005 Rx Legislation by State Bills detailed in the table below are subject to consideration during 2005 state legislative sessions. Some measures in New Jersey and Virginia were filed in 2004 but carried-over to 2005. 25 states allow for carry-over of 2005 bills into 2006. Because bill content and status change frequently, even daily, the bill status listed is simplified. AL | AK | AZ | AR | CA | CO | CT | DE | FL | GA | HI | ID | IL | IN | IA | KS | KY | LA | ME | MD | MA | MI | MN | MS | MO | MT | NE | NH | NV | NJ | NM | NY | NC | ND | OH | OK | OR | PA | RI | SC | SD | TN | TX | UT | VT | VA | WA | WV | WI | WY | State/bill/ web link / sponsor
yellow background = enacted | Description / excerpts of bill text
Bill status may change frequently - check state legislative links on bill numbers below or legislative offices for the most recent actions. | Topic
code | | AL
SB 14
Sen. Smitherman | Would require a physician prescribing a medication to prescribe a generic equivalent if available unless the physician notes on the prescription order and in the patient's record that the brand name is medically necessary.
(Filed and sent to committee 2/1/05; did not pass by end of regular session 5/16/05) | | Generic | AL
HB 247,
SB 277
Rep. Knight
Sen. Bedford
| Would require the Alabama SeniorRx - Partnership for Medication Access coordinate with the Departments of Mental Health, Medicaid, Public Health and Human Resources "to ensure that Alabama SeniorRx services are maximized and that paperwork and inconvenience to the clients are minimized." Would appropriate $1.5 million for FY 2006.
(Filed and sent to committee 2/10/05; HB 247 passed House; did not pass by end of regular session 5/16/05) | | CL, S | | AK
HB 106,
SB 78
House Rules Comm.,
Governor | Establishes the Senior Care Prescription Drug Benefit Program to provide premium and deductible assistance, for seniors 65 or older with income up to $20,913 annually (175 percent of FPL). The program may pay premiums and deductibles under MMA beginning January 2006 or may pay other Rx-related costs or insurance premiums. A separate section creates a cash assistance program for seniors with individual income up to $16,133 (135 percent of FPL), with benefits set at $120 per month. Repeals conflicting parts of Senior Care Rx enacted in 2004.
SB 78- (Filed and sent to committee 2/24/05; did not pass by end of regular session)|
HB 106-(Filed; passed House 5/6/05; passed Senate 5/8/05; signed into law by governor as Chapter 89, 8/8/05) | MMA, S | | AZ
HB 2193
Rep. Carpenter | Establishes additional requirements for full service wholesale permittees that are regulated by the State Board of Pharmacy. Would add requirements for and restrictions on certain prescription drug transactions, regarding safety and anti-counterfeiting, including pedigree requirements for prescription drugs that leave the normal distribution channel.
(Filed 1/18/05; passed House 56y-2n, 3/9/05, passed Senate 23y-5n, 4/20/05; signed into law by governor 5/20/05) | | Whole | | AZ
SB 1137
Sen. Allen | Authorizes the Arizona Health Care Cost Containment System (AHCCCS) to establish an eligibility process to determine whether a Medicare low income subsidy is available for persons who apply for the prescription drug benefit. Restates that dual-eligible Medicaid-Medicare enrollees must receive prescription drugs through a Medicare plan as of January 1, 2006
(Filed and passed House 3/1/05; passed Senate; signed into law by governor as Chapter 193, 4/25/05) | | MMA | | AR
HB 1031
Rep. Mahony | Would allow donated prescription medications to be dispensed to patients at charitable clinics. Sets up a program in which nursing homes contribute leftover medications to free or reduced-cost charitable clinics that serve the working poor. The clinics then distribute the drugs to indigent patients who make too much money to be eligible for Medicaid but too little to afford private health insurance.
(Passed House and Senate 2/10/05; signed into law by governor as Act 132, 2/15/05) | | Reuse | | AR
HB 1241
Rep. McDaniel
| Creates a prescription drug discount program for AR residents without Rx coverage, age 65 or over, or under age 65 with annual income up to 350 percent of federal poverty. The “Arkansas Rx Program” will use manufacturer rebates and pharmacy discounts to reduce prescription drug prices, with participating retail drug stores to pass on savings from rebates. Requires an annual enrollment fee of $25. Those enrolled in Medicare Part D or Medicaid will not be eligible.
(Filed, passed House 3/2/05; passed Senate 2/23/05; signed into law by governor as Act 538, 3/3/05) | | D, MMA | | AR
HB 1493
Rep. Norton | Would increase the state income tax exemption for retirement benefits by $2,000 in order to provide retirees with additional funds with which to pay for the rising costs of prescription drugs.
(Filed and sent to committee 2/8/05; did not pass by end of regular session 4/13/05) | | S, Credit | | AR
HB 1955
Rep. Hutchinson | Would create the AR Affordable Rx Program for AR residents over 65 and at or below 350% FPL. Enrollment fee of $25 would apply.
(Filed and sent to committee 2/22/05; did not pass by end of regular session 4/13/05 - see HB 1241 above) | | D, MMA | | AR
HB 2143
HB 2296
Rep. McDaniel | Authorizes the Department of Human Services' Arkansas Rx program start-up appropriation of $14.5 million for 2005-2007. (See HB 1241 above)
(HB 2296 filed 2/28/05; passed House 4/5/05; passed Senate 4/6/05; signed into law by governor as Act 1858, 4/11/05) | | D, MMA | | AR
HB 2446
Rep. Mahony | Would create rules regarding the issuance and renewal of licenses and permits for both in-state and out-of-state wholesale distributors of drugs, manufacturers of drugs, sellers of drugs, manufacturer-sellers of drugs, chain pharmacy warehouses, and drug repackagers shipping into or within the State.
(Filed 3/2/05; engrossed in House but withdrawn; did not pass, 4/4/05) | | Whole | | AR
HB 2629
Rep. Bond | Provides funding for administrative costs of the AR Rx Program (see HB 1241) by earmarking 25 percent of a dedicated state tax to this purpose. Effective date is July 1, 2005.
(Filed 3/7/05; passed House 4/12/05; passed Senate 4/11/05; signed into law by governor as Act 2219, 4/15/05) | | D, MMA | | AR
HB 2845
Rep. Key | Would establish fair trade practices and licensing of PBMs.
(Filed 3/7/05; engrossed in House but withdrawn, to interim study 4/7/05) | | PBM | | AR
HB 2970
Rep. Norton | Would require disclosure of pharmaceutical marketing practices.
(Marketing portion of bill amended and deleted from the bill.)
(Filed 3/7/05; passed House 4/6/05; did not pass Senate 4/16/05) | | Mkt | | AR
SB 119
Sen. Critcher | Would establish a prescription drug monitoring program.
(Filed 1/20/05; withdrawn, did not pass, to interim study 4/7/05) | | Monitor | | AR
SB 431
Sen. Salmon | Would establish the Arkansas pharmaceutical connection program; to allow residents to access all manufacturerer-sponsored Rx assistance and other programs, including Medicare Part D.
(Filed and sent to committee 2/17/05; withdrawn; did not pass 4/7/05) | | CL | | CA
AB 47
Assm. Cohn | Existing law authorizes the State Department of Health Services to provide pneumonia vaccine to local governmental or private, nonprofit agencies at no charge, for distribution at a minimal cost. Would require the department to provide pneumonia vaccine to those entities.
(Filed 1/6/05; vaccine language deleted & did not pass 3/9/05*) | Vaccine, - | | CA
AB 71
Assm. Frommer | Would establish the Office of California Drug Safety Watch within the department 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; passed Assembly 6/2/05; did not pass Senate by recess of regular session until 2006, 9/8/05*) | Safety | | CA
AB 72
Assm. Frommer | Would create a prescription drugs manufacturer requirement to submit a report to the State Department of Health Services of health studies or clinical trials that have been or are being conducted. Authorizes the Attorney General to bring civil actions to enforce the reporting requirements.
(Filed 1/3/05; passed 2nd Reading Assembly, rescinded; did not pass committee by deadline 1/31/06) | | Mkt, Trials | | CA
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, 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) | CL, Imp | | CA
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 1/3/05; passed Assembly 6/2/05; did not pass Senate by recess of regular session until 2006 9/8/05*) | CL, Imp, MMA, Price | | CA
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 1/3/05; passed Assembly 6/2/05; did not pass Senate by end of regular session 9/8/05*)
(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 | | CA
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) | 340B, Bulk | | CA
AB 77-law
Assm. Frommer | Authorizes the Department of Corrections to establish a pilot project to determine whether the department may reduce the cost of providing prescription drugs to inmates at a discounted price pursuant to federal (“340B”) law, by contracting for health care services. The bill would require the department to report to the Legislature by May 1, 2007, on implementation and its effect on the quality and cost of health care provided to the affected inmates.
(Filed 1/3/05; passed Assembly 77y-0n 5/16/05; passed Senate 9/13/05; signed into law by governor as Chapter 503, 10/4/05 | 340B | | CA
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; 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) | PBM | | CA
AB 95
Assm. Koretz | Would establish a program that would require manufacturers of drugs for life-threatening chronic conditions that are on the lists for Medi-Cal or the AIDS Drugs Assistance Program to pay the department a rebate equal to the costs of marketing that drug. Requires these manufacturers to disclose to the department all costs incurred in the marketing of the drugs to consumers and physicians.
(Filed 5/4/05; did not pass by recess of regular session until 2006, 9/8/05*) | Mkt | | CA
AB 225
Assm. McLeod | Would change law about electronic Rx prescribing information sharing, by allowing nonmonetary payment to providers for equipment, constistent with MMA regulations.
(Filed 2/3/05; passed Assembly 75y-0n, 4/18/05; did not pass Senate by recess of regular session until 2006, 9/8/05*) | MMA | | CA
AB 288,
AB 657
Assm. Karnette,
Assm. Mountjoy | 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.
AB 288 - (Filed 2/9/05) AB 657- (Filed 2/17/05; passed Assembly 5/19/05; did not pass Senate by recess of regular session until 2006, 9/8/05*) | Label | | CA
AB 306
Assm. Baca | Would create a purchasing pool for prescription drugs with the intent of lowering prescription drug costs of many Californians by allowing employer health plans and the uninsured to join with state and local governments and school districts in the purchase of prescription drugs.
(Filed and sent to committee 2/9/05; Rx section did not pass in committee 4/12/05) | | Bulk | | CA
AB 497-law
Assm. McLeod | Changes drug wholesaler licensure requirements for transactions between out of state distributors.
(Filed 2/16/05; passed Assembly 5/16/05; passed Senate 8/22/05; signed into law by governor as Chapter 301, 9/22/05) | Whole | CA
AB 522-law
Assm. Plescia | Bans Medicaid/Medi-Cal payment for erectile dysfunction treatment for registered sex offenders.
(Filed 2/16; passed Assembly 5/5/05; passed Senate 8/15/05; signed into law by governor as Chapter 469, 10/4/05) | M | | CA
AB 587 -law
Assm. McLeod | Facilitates coordination of the Medicare prescription drug benefit by Public Employees' Retirement System, ensuring that health benefits for Medicare-eligible participants continue to be provided in a coordinated and cost-effective manner, by prohibiting employees, retirees and family members enrolled in a prescription drug plan under Part D of
Medicare from enrolling in a board-approved health benefit plan, unless enrolled in an approved Medicare Advantage plan.
(Filed 2/16/05; passed Assembly 5/5/05; passed Senate 8/15; signed into law by governor as Chapter 527, 10/5/05) | MMA | | CA
AB 1187
Assm. Wolk | Would require every pharmaceutical company to adopt a Comprehensive Compliance Program that includes policies related to interactions with health care professionals and limits on gifts or incentives provided to medical professionals.
(Filed 2/22/05; did not pass by recess of regular session until 2006, 9/8/05*) | Mkt | | CA
AB 1359
Assm. Chan | Requires all sponsors of a prescription drug plan (PDP) authorized by the federal Medicare Prescription Drug Act of 2003 in California to be licensed as a health care service plan, regulated by the Department of Managed Health Care.
(Filed 2/22/05; passed Assembly 6/1/05; passed Senate 8/23/05; signed into law by governor as Chapter 230, 9/6/05) | MMA | | CA
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 12/6/04; action postponed 5/4/05; did not pass Senate by recess of regular session until 2006, 9/8/05*)
(UPDATE: SB 19 includes features similar to ballot Proposition #78, for vote by California voters. It was defeated on the ballot, 58.5% No to 41.5% Yes on 11/8/05) | D, MMA | CA
SB 163
Sen. Scott | Would require a pharmaceutical company entering into acontract 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. Thebill would prohibit a state department or agency from entering into acontract with a pharmaceutical company in the absence of that disclosure.
(Filed 5/24/05; passed Senate, 5/31/05; failed in committee; did not pass by recess of regular session until 2006, 9/8/05*) | Mkt | | CA
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 2/16/05; did not pass by recess of regular session until 2006, 9/8/05*) | CL, Safety | | CA
SB 375
Sen. Speier | Would change Medicare supplement coverage provisions corresponding to revisions made to the Medicare program by the federal Medicare Prescription Drug, Improvement, and Modernization Act of 2003. The bill would revise eligibility requirements for Medicare supplement coverage, including the guaranteed issue of coverage, and would add two benefit plans.
(Filed 2/17/05, 4/11/05; passed Senate 24y-15n 5/31/05; passed Assembly 8/18/05; signed into law by governor as Chapter 206, 9/6/05) | MMA | | CA
SB 380
Sen. Alquist | Would require health professionals and facilities to report all suspected serious adverse drug events that they observe in medical practice to MedWatch, the drug safety information and adverse event reporting program operated by the federal Food and Drug Administration (FDA). The bill would prohibit a licensed health professional or health facility that violates this provision from being subject to the existing penalties and remedies of the Sherman Food, Drug and Cosmetics Law.
(Filed 2/17/05; passed Senate 5/2/05; passed Assembly 3rd Reading 8/22/05; did not pass by recess of regular session until 2006, 9/8/05*) | Safety | | CA
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 5/26/05; did not pass by recess of regular session until 2006, 9/8/05*) | Mkt | | CA
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 pricing details.
(Filed 2/17/05, 5/26/05; did not pass by recess of regular session until 2006, 9/8/05*) | M | | CA
SB 708
Sen. Speier | Requires the State Department of Health Services to develop a standard contract for private nonprofit hospitals whereby a hospital that elects to participate in the federal 340B drug discount program may agree to provide medical care to indigent patients pursuant to a memorandum of understanding with the department. Requires any hospital entering into such an agreement to "agree to continue its historic commitment to the provision of
charity care."
(Filed 2/22/05; passed Senate 5/26/05; passed Assembly 8/18/05; signed into law by governor as Chapter 207, 9/6/05) | D, 340B | | CA
SB 798 -law
Sen. Simitian | Authorizes a county to establish, by local ordinance, a repository and distribution program for purposes of distributing surplus unused medications to persons in need of financial assistance. Includes procedures for safety and management by licensed pharmacists. Also authorizes any drug manufacturer, licensed health facility, or pharmacy to donate medications.
(Filed 2/22/05; passed Senate 5/16/05; passed Assembly 9/7/05; signed into law by governor as Chapter 444, 9/30/05) | Reuse | | CA
SB 861
Sen. Speier | Would require the Medi-CAL director to update allowable Medicaid drug product prices within seven days of receiving notice of a drug product price change, instead of the old 30-day requirement.
(Filed 2/22/05; passed Senate 35y-4n 6/2/05; all pharmaceutical provisions deleted and did not pass Assembly 6/21/05. Unrelated bill with same number became law 10/7/05) | M, Price | | CO
HB 05-1152
Rep. Frangas | Would require the state to “join an established multi-state buying consortium" for lower-cost prescription drugs. Also would create a clearinghouse of manufacture assistance programs and require state agencies to “maximize prescription drug discounts within the programs administered by the departments through the utilization of the federal 340B drug pricing program” in order to receive the maximum state budget savings.
Also would establish the Colorado Cares Prescription Drug discount Program, to allow uninsured residents of any age with incomes up to 300% of federal poverty to purchase pharmaceuticals at the reduced bulk rates. Eligibility includes any person who "does not have all of his or her prescription drugs paid for through health insurance," such as Medicare enrollees. The program may charge up to $25 annual fee and dispensing fees, with pharmacy reimbursement rates based on existing Medicaid rates.
Deleted from final version: reference to Rx importation. Other sections of the bill depend on passage of HB 1264 to become law.
(Filed; passed House 4/21/05; passed Senate 5/9/05; vetoed by governor 6/1/05) | 340B, CL, D, Imp, MMA, Price | | CO
HB 05-1300
Rep. Pommer | Would regulate the business practices of pharmacy benefit managers (PBMs) by establishing a fiduciary duty with primary duty to “provide benefits and defray costs.”
(Filed 2/21/05; did not pass committee by end of session 5/05) | | PBM | | CO
HB 05-1343
Rep. Cloer | Would require the state to establish a state Maximum Allowable Cost program for prescription drugs under the state medicaid program and design the program to reduce the cost of prescription drugs under the Medicaid program by 3 percent in 2005-06 and 3 percent in 2006-07. Would direct that the savings generated by the program be used to administer and pay for a state pharmaceutical access program and a pharmaceutical assistance program. Would direct the state department to administer, within available appropriations, a Colorado state pharmaceutical access program for persons whose family income is up to three hundred percent of the federal poverty level and who are enrolled in the Medicare Part D prescription drug benefit program. Directs the state department to establish the Colorado pharmaceutical assistance program to allow eligible persons to purchase prescription drugs at a discounted rate.
(Filed 4/26/05; did not pass committee 5/4/05) | | D, M, MMA, Price | CO
HJR 05-1049
Rep. Riesberg | Resolution shows support and "commend the Together Rx Access™ Card to help residents who lack public or private prescription drug coverage gain better access to prescription products. Also allows other public sector entities to educate their constituents about the availability of the Together Rx Access™ Card and facilitate enrollment by distributing enrollment materials and holding enrollment events in local districts.
(Filed 4/20/05; passed House 4/22/05; passed Senate 5/9/05 and enrolled as final) | Brand, D, MMA | | CO
SB 05-22
Sen. Johnson | Would establish an expert committee to establish of a preferred drug list for the state's Medicaid program, and, in connection therewith, developing a prior authorization process for prescription drugs.
(Filed 1/12/05; passed Senate 4/13/05; did not pass House 5/4/05) | M, PDL | | CO
SB 05-89
Sen. Hanna
| Would authorize the Dept. of Public Health to declare an emergency “shortage of drugs critical to the public safety” to prevent the practice of unfair drug pricing, defined as charging more than 10% higher than the pre-shortage price.
(Filed 1/17/05; passed Senate 2/22/05; passed House 3/31/05; signed into law by governor 4/22/05) | Price, Vaccine | | CO
SB 05-102
Sen. Hagedorn,
Sen. Fitz-Gerald | Authorizes multi-state prescription drug purchasing for Medicaid, including use of a preferred drug list and supplemental rebates from manufacturers.
(Included in Senate bill, but deleted from final version:)
Would establish the Colorado Cares Prescription Drug discount Program, to allow uninsured residents of any age with incomes up to 350% of federal poverty to purchase pharmaceuticals at the reduced bulk rates.
(Filed 1/31/05; passed Senate 5/3/05; amended and passed House 5/5/05; vetoed by governor; did not become law, 6/1/05) | Bulk, D, M, MMA, PDL | | CO
SB 05-162
Sen. Keller | Provides that prescription drug benefits under the Medicaid program for dual-eligible persons who are enrolled in a prescription drug benefits program under Medicare will transfer to Medicare, clarifying that drugs not covered by Medicare in 2006 may be covered by Medicaid.
(Filed 2/1/05; passed Senate 2/21/05; passed House 3/15/05; signed into law by governor 4/5/05) | M, MMA | | CO
SB 05-165
Sen. Tochtrop | Establishes a Colorado cancer drug repository program, allowing patients and family to donate unused medication, via a pharmacist to a needy patient, at no charge.
(Filed 2/1/05; passed Senate 2/22/05; passed House 3/29/05; signed into law by governor 4/14/05) | Reuse | | CT
HB 5292
Ins. and Real Estate Comm. | Would prohibit insurance policies that cover prescription drugs from requiring an insured person to receive prescriptions from a mail order pharmacy.
(Filed 1/18/05; tabled 5/1/05; did not pass committee by end of regualr session 6/8/05) | | Mail | CT
HB 5694,
SB 22
Rep. Keeley,
Sen. DeFronzo | Would allow for increased enrollment in the ConnPACE program by allowing individuals who otherwise qualify for the program, but whose income exceeds current eligibility standards, to qualify for graduated program benefits.
(Filed 1/5/05; did not pass committee by end of regular session 6/8/05) | | S | | CT
HB 5821, HB 5824,
HB 6181, HB 6189,
HB 6306, HB 6559,
SB 308, SB 551
Rep. Lewis, Sen. Looney, et al | Would make information about the results of clinical trials available to the public. Would require disclosure of clinical drug trial results; provides physicians and patients. HB 6189 would specify "access to accurate information about the risks and benefits of drugs being tested in clinical drug trials." HB 6559 also would require public disclosure of clinical trials conducted at state hospitals and universities. SB 308 would require disclosure of clinical trial results. SB 551 would require that clinical trials be done in an ethical manner.
(Filed 1/20/05; did not pass committee by end of regular session 6/8/05) | | Trials | | CT
HB 5967
Rep. Fleischmann | Would better educate consumers and improve the functioning of the prescription drug marketplace by publishing available information concerning prescription drug pricing, including: wholesale price, the Canadian wholesale price, the federal supply schedule price, retail prices in Connecticut, the prices charged to other governmental agencies, health care facilities, health insurance companies and other purchasers, and such other information as the board deems relevant, for the fifty prescription drugs with the highest sales volume sold through the ConnPACE program.
(Filed 1/21/05; did not pass committee by end of regular session 6/8/05) | | Price | | CT
HB 5968
Rep. O’Brien | Would increase ConnPACE income eligibility limits by five thousand dollars and to provide an option to those with income above program limits to enroll in the ConnPACE program provided such persons pay a prorated ConnPACE premium.
(Filed 1/21/05; did not pass committee by end of regular session 6/8/05) | | S | | CT
HB 5989
Rep. Christ | Would allow any vendor pharmacy which distributes drug products utilized by residents of a group home, residential facility or shelter operated by the Department of Mental Retardation or the Department of Children and Families, to accept for repackaging and reimbursement pharmacy drug products that were dispensed to a resident of any such facility and not used, provided certain safety standards for the return of the unused drug products are met.
(Filed 1/21/05; did not pass committee by end of regular session 6/8/05) | | Reuse | | CT
HB 6106
Rep. Fleischmann | Would require the Commissioner of Social Services to negotiate supplemental Medicaid rebates from drug companies in an amount equal to or greater than rebates available under existing federal law and to further negotiate with such drug companies the cost of prescription drugs for uninsured residents.
(Filed 1/24/05; did not pass committee by end of regular session 6/8/05) | | M, Supp, Price | | CT
HB 6183
Rep. Geragosian | Would require public disclosure of gifts by pharmaceutical companies to physicians licensed to practice in Connecticut.
(Filed 1/24/05; did not pass committee by end of regular session 6/8/05) | | Mkt | | CT
HB 6185
Rep. Christ | Would prohibit insurers from charging patients copayments, deductibles or other out-of-pocket expenses for necessary follow-up care related to chemotherapy.
(Filed 1/24/05; did not pass committee by end of regular session 6/8/05) | | Copay | | CT
HB 6278
Rep. Spallone | Would authorize a feasibility study for an interstate health insurance and prescription drug purchasing pool.
(Filed 1/25/05; did not pass committee by end of regular session 3/24/05, 6/8/05) | | Bulk, study | | CT
HB 6571
Select Comm. On Aging | Would allow ConnPACE participants to receive 90 day supply of maintenance drugs.
(Filed 1/31/05; favorable committee report 5/3/05; did not pass by end of regular session 6/8/05) | | S | | CT
HB 6623
Pub. Health Comm. | Would allow the University of CT to establish and operate and study a limited two-year pilot program, to allow appropriately qualified and trained academic detailers to visit licensed physicians in their offices to provide unbiased, evidence-based information on the diagnosis and treatment of selected illnesses, including information pertaining to the use of pharmaceuticals to assist the physicians in improving the quality of patient care and making cost-effective prescribing decisions for various diseases, while simultaneously focusing on patient outcomes.
(Filed 2/3/05; favorable committee report 4/26/05; did not pass by end of regular session 6/8/05) | | Mkt, Study | | CT
HB 6651
Select Comm. On Aging | Would require that the Commissioner of Social Services, when making determinations for eligibility in the ConnPACE program, shall deduct from the income of an applicant the out-of pocket prescription drug costs incurred in the twelve-month period prior to the date of application.
(Filed 2/9/05; held in committee; did not pass during regular session 6/8/05) | S | | CT
HB 6687
Rep. Ward | Would update the existing ConnPACE “Connecticut Pharmaceutical Assistance Contract to the Elderly and the Disabled,” which provides subsidized payments to pharmacies for the cost of prescription drugs dispensed to eligible individuals minus a copayment. Would prohibit Medicare-eligible coverage by Medicaid, but would allow state coverage for copayments over the state copayment of $16.25.
(Filed 2/10/05; held in committee; did not pass during regular session 6/8/05) | MMA, S | | CT
HB 6846
Hum. Serv. Committee | Would coordinate implementation of the Medicare part D program as it relates to ConnPACE and dually eligible beneficiaries; ensuring that full benefit dually eligible Medicare Part D beneficiaries continue to receive the same level of prescription drug coverage and benefits.
(Filed and sent to committee 3/2/05; favorable report 4/4/05; did not pass during regular session 6/8/05) | MMA, S | | CT
HB 6854
General Law Comm. | Creates the Pharmacy Outreach Program administered by participating manufacturers through a toll-free telephone number, to enable residents to more readily obtain information concerning certain voluntary manufacturer drug assistance programs.
(Filed 3/3/05; passed House 6/1/05; passed Senate 6/8/05; signed into law by governor as Public Act No. 05-269, 6/22/05) | CL | | CT
HB 6867
Insurance and Real Estate Comm. | Would regulate persons who offer pharmacy benefit management plans (PBMs) in the state.
(Filed 2/22/05; did not pass committee by end of regular session 6/8/05) | | PBM | | CT
HB 6916
Insurance and Real Estate Comm. | Would provide that pharmaceutical companies doing business in this state shall be assessed a health and welfare fee in a similar manner as is required for certain insurers.
(Filed 3/10/05; did not pass committee by end of regular session 6/8/05) | | - | | CT
HB 6946
Pub. Health Comm. | Would require the licensing of wholesale prescription drug distributors to prevent counterfeit drugs from reaching consumers.
(Filed 3/16/05; did not pass by end of regular session 6/8/05) | | Counter, Whole | CT
HB 7000
Appropriations Committee
| FY 2006 budget implementation law includes provision that (§18) clarifies that "Medicaid coverage will be provided for prescription drugs that are not Medicare Part D drugs," as defined in the MMA.
Also provides (§21) that ConnPACE subsidy eligibility includes individuals eligible for Medicare Part D; also provides "The Department of Social Services shall pay Medicare Part D monthly beneficiary premiums on behalf of the beneficiary. If a Medicare Part D beneficiary's out-of-pocket copayment, coinsurance or deductible requirements exceed the ConnPACE copayment requirements, the department shall make payment to the pharmacy to cover costs in excess of the ConnPACE copayment amount. The department shall be responsible for payment of a Medicare Part D covered prescription drug obtained during the gap in standard Medicare Part D coverage"; also provides for use of "the lower of the price that would be paid under the ConnPACE program or the negotiated price established by the PDP" to the extent allowed by federal law. Requires eligible ConnPACE enrollees to apply for Medicare Part D benefits; also authorizes the state to be the authorized representative of a ConnPACE applicant or recipient for applying for Part D benefits; also provides that in some situations "the department shall enroll the applicant or recipient in a Medicare Part D plan designated by the commissioner;" also provides (§4) that "no dispensing fee shall be issued for a prescription drug dispensed to a ConnPACE or Medicaid recipient who is a Medicare Part D beneficiary when the prescription drug is a Medicare Part D drug, as defined in the federal MMA.
Repeals 2004-5 state provisions for endorsed Medicare discount cards as of 2006.
(Filed 4/8/05; passed House and Senate 6/8/05; became law as Public Act No. 05-280, 6/27/05) | M, MMA, S | | CT
SB 44
Sen. Prague | Would require the state of Connecticut to pursue participation in a multi-state prescription drug bulk purchasing pool to increase the state's purchasing power by joining with other states to purchase prescription drugs.
(Filed 1/19/05; did not pass committee by end of regular session 6/8/05) | | Bulk | | CT
SB 45
Sen. Prague | Would require the state of Connecticut to negotiate with Canadian pharmacies to allow ConnPACE participants to obtain covered prescription drugs from such pharmacies and to eliminate the co-payment charge for such drugs.
(Filed 1/19/05; did not pass committee by end of regular session 6/8/05) | | Imp | | CT
SB 46
Sen. Prague | Would require the state of Connecticut to develop a system of bulk purchasing of prescription drugs by state agencies from Canadian pharmacies to lower state agencies' prescription drug costs through bulk purchasing from Canadian pharmacies.
(Filed and sent to committee 1/19/05; passed Senate; did not pass House by end of regular session 6/8/05) | Bulk, Imp | | CT
SB 71
Sen. Crisco | Would require all licensed pharmacists dispensing prescriptions at all pharmacies to include on the prescription label, at the request of the patient, information about the purpose for the drug.
(Filed 1/6/05 ; did not pass committee by end of regular session 6/8/05) | | Lab | | CT
SB 83
Sen. Crisco | (Original bill, deleted by Senate) Would require each drug retailer to disclose to each customer who purchases a prescribed drug the actual price paid by the drug retailer to the manufacturer or wholesaler for such drug to educate consumers about the cost and pricing of prescribed drugs. Also would require disclosure of retail price prior to purchases.
(Filed 1/10/05; passed Senate 6/6/05; passed House 6/8/05 with pharmaceutical provisions deleted and did not pass; 6/6/05) (Non-Rx version signed by governor 6/7/05) | | Price | | CT
SB 126
Sen. Murphy | Would establish a new prescription drug program that allows Connecticut health care consumers to purchase prescription drugs at a reduced cost from responsible, safe Canadian and European drug wholesalers and pharmacies.
(Filed 1/12/05; did not pass committee by end of regular session 6/8/05) | | Imp | | CT
SB 314
Sen. Meyer | Would require the Department of Public Health to (1) negotiate with pharmaceutical companies for the purchase of prescription drugs at volume discount rates, (2) facilitate the purchase by Connecticut residents of prescription drugs from Canada at such discounted rates, and (3) establish quality control guidelines for such purchasing.
(Filed 1/19/05; did not pass committee by end of regular session 6/8/05) | | Bulk, D, Imp | | CT
SB 477
Sen. Gaffey | Would require any retail sales transaction for prescription medication that is paid, in whole or in part, by insurance to include notification to the consumer regarding the amount that the insurer has paid to the retailer for such prescription.
(Filed 1/20/05; did not pass committee by end of regular session 6/8/05) | | Copay | | CT
SB 607
Hum. Services Comm. | Would revise the governing statutes concerning the use of prior authorization procedures and preferred drug lists by the Department of Social Services or an entity that administers a Medicaid managed care health plan.
(Filed 1/20/05; did not pass by end of regular session 6/8/05) | | M | | CT
SB 655
Sen. Cappiello | Would increase the prescription copays for state elected officials to save state funds, from $3 to $10 for generics and from $6 to $15 for brand name drugs.
(Filed 1/21/05; did not pass committee by end of regular session 6/8/05) | | Copay | | CT
SB 815
Sen. Hartley
| Would require that, when a pharmacist substitutes a generic drug product for a prescribed drug product, the pharmacist shall clearly label the prescription container with the generic name of the drug product along with the name of the drug manufacturer.
(Filed 1/24/05; did not pass committee by end of regular session 6/8/05) | | Lab | | CT
SB 952
General Law Comm. | Would effect the electronic Rx monitoring program, to facilitate the detection of improper or illegal use of prescription controlled substances.
(Filed 1/27/05; did not pass committee by end of regular session 6/8/05) | | Monitor | | CT
SB 1226
Hum. Services Comm. | Would affect the prior authorization and substitution of prescription drugs in medical assistance programs and ConnPACE.
(Filed 3/2/05; did not pass committee by end of regular session 6/8/05) | | S, M | | CT
SB 1236
Pub. Health Comm. | Would require the state to enter into a memorandum of understanding with the state of Illinois; allows all Connecticut residents to purchase prescription drugs through the I-Save-Rx prescription drug reimportation program.
(Filed 2/2/05; favorable committee reports 5/18/05; did not pass by end of regular session 6/8/05) | Imp | CT
SB 2500
| Authorizes the state to cover prescriptions when Medicare payment cannot be adjudicated during the start-up phase of Part D in January-February 2006. Applies to dual-eligibles and ConnPACE enrollees.
(Filed; passed Senate and House, signed into law by governor 12/1/05) | MMA, S | | DE
HB 33
Rep. Miro | Allows a pharmacist to put the symptom or purpose for the drug being prescribed on the drug container label, but only if a practitioner indicates that the patient or their authorized representative requests information on the label.
(Filed 1/25/05; passed House 6/21/05; passed Senate in final form 6/30/05; signed into law by governor 7/7/05) | Label | | DE
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 2/4/05; did not pass committee 6/30/05) | Brand, - | | DE
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 2/4/05; did not pass committee 6/30/05) | M, S | | DE
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 3/22/05; passed House 3/22/05; did not pass Senate committee 6/30/05 | Brand, M | | DE
SB 18
Sen. McBride | Amends the Delaware Prescription Drug Payment program (DPAP) to reflect the implementation of the Medicare Prescription Drug benefit in January, 2006. Would not change the benefits currently available to DPAP participants, with a cap of $2,500 in benefits per year. Specifies that the Medicare benefit will be the primary source of benefits for those who are eligible for it, but allows for Medicare participants who are otherwise eligible for DPAP assistance to cover gaps left by the Medicare program, including dedictibles, premiums, and prescription costs when necessary. Enrollee copayments will range from a minimum of $5 up to 25 percent of the acquisition cost.
(Filed; passed by Senate 3/15/05; passed House 4/19/05; signed into law by governor 4/26/05) | MMA, S | | DE
SB 48
Sen. Sorenson | Would require prescriptions to be written legibly so that pharmacists filling them can do so accurately and thereby avoid potential harm to the consumer.
(Filed 3/22/05, passed Senate 6/15/05; passed House 6/28/05; signed into law by governor 7/12/05) | Label | DC
B16-0114
Councilman Catania | Would make it an illegal trade practice to charge excessive amounts for prescription drugs. The District would compare the local prices to prices in Europe, Canada, Australia and other "high-income" nations and defines "excessive" as being 30 percent over the comparative price in Germany, Canada, Australia or the United Kingdom. District consumers would be given the right to sue manufacturers for overcharging.
(Deleted from final version): The District also could mandate manufacturers to to allow the District to license its products to other manufacturers, termed the "Prescription Drug Compulsary Manufacture License Act."
Filed 2/1/05; passed first reading 5/3/05; passed final reading 9/20/05; enacted into law by mayor as A16-0171, 10/4/05)
|| News release on final vote , 9/20/05 || A court injunction issued December 2005 has blocked implementation of this law. | Price | FL
S 2600
Ways & Means Comm. | FY '05-06 final budget includes $197,138,041 for Medicare Part D payments for the phased down state contribution or "clawback" beginning January 2006.
(Passed Senate 4/7/05; passed House & conference 5/6; signed into law by governor as Chapter 2005-70, 5/26/05) |
| MMA | | FL
H 581,
S 1122
Rep. Proctor,
Sen. Saunders | Would expand the authority of the Department of Revenue to provide the Agency for Health Care Administration with tax information; requires third-party liability administrators and pharmacy benefits managers to provide certain records and information relating to payments on behalf of Medicaid-eligible persons.
(Filed 1/28/05; favorable reports; SB 1122 passed Senate 4/21/05; signed into law by governor as Chapter No. 2005-140, 6/3/05) | PBM, M | | FL
H 965, S 1842
Rep. Slosberg | Would require the Agency for Health Care Administration and the Department of Management Services to conduct studies related to pharmaceutical purchasing practices and to submit a report to the Legislature.
(Filed 2/21/05, 3/14/05; died in committees 5/6/05) | | M, S, Study | | FL
H 1531, S 196
Sen. Siplin | Would revise the Florida Patient's Bill of Rights and Responsibilities to provide that patients have right to participate in health care decisions, select their physician or other health care provider, and choose between generic or brand-name prescription medications.
(Filed 11/16/04; died in committees 5/6/05) | | Generic, Brand | | FL
S 464
Sen. Campbell, Jr. | Would create a prescription drug assistance clearinghouse program; require that costs of program be paid by drug manufacturers; provide for the transfer of ownership of the program to the state; establish a pharmaceutical discount card program; provide for eligibility for participation in the pharmaceutical discount card program; create the Pharmaceutical Cost Management Commission; establish membership; establish powers and responsibilities; provide reporting requirements; authorize an investigation into the feasibility of purchasing Canadian drugs; authorize the establishment of a pricing schedule; authorize exploration of numerous strategies, policies, and programs; prohibit restraint of trade; provide civil and criminal penalties; provide for reporting advertising costs and other reporting to the Governor and Legislature; provide rulemaking authority.
(Filed 12/14/04; died in committee 5/6/05) | | CL, Imp, Mkt, Price | | FL
S 562
Sen. Saunders | Relates to prescribed drugs covered by Medicaid; expresses legislative intent to revise laws regarding prescribed drugs covered under the Medicaid program; provides an effective date.
(Filed 1/12/05; died in committee 5/6/05) | | M | | FL
H 489 CS,
S 874
Sen. Peaden | Redefine term "pedigree paper"; provides exemption from wholesale distribution for transfer of drugs due to change in ownership of pharmacy; defines expiration of recordkeeping provisions for pedigree papers for chain drug stores that are part of an affiliated group.
(Filed 1/26/05; SB 874 passed Senate 40y-0n, 4/28/05; passed House 115y-1n, 5/4/05; signed into law by Governor as Chapter No. 2005-248, 6/17/05) | Whole | | FL
SB 2306
Sen. Geller | Would authorize AHCA to enter into agreement with state of Illinois about its program for accessing affordable prescription drugs in other countries; requires agency to work with other states that are participating in program; authorizes state of Illinois to act as primary administrator for program; provides for standards of practice; provides that agency is not liable for any injury or damage to person from products obtained through program, etc.
(Filed and sent to committee 3/8/05; died in committee 5/6/05) | | Imp | | GA
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; did not pass by end of regular session 3/31/05*) | | Price | | GA
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; did not pass by end of regular session 3/31/05*) | | M, PBM, rebate | | GA
HB 430
Rep. Hill | 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 defing 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 2/14/05; did not pass by end of regular session 3/31/05*) | | Reuse | | GA
HB 887 | 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; did not pass by end of regular session 3/31/05*) | | Imp, Liability | | GA
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 establish the amount of rebates; to require disclosure of savings; to provide for the commissioner of community health to negotiate rebates with drug manufacturers; to require retail pharmacies to discount the price of drugs covered.
(Filed and sent to committee 1/28/05; did not pass by end of regular session 3/31/05*) | | D, MMA | | GA
SB 199
Sen. Balfour | Would allow selling, distributing, and delivering prescription drugs by mail to individuals enrolled in a closed panel HMO.
(Filed; passed Senate 2/25/05; favorable report 3/24/05; withdrawn, did not pass 3/31/05*) | | Mail | | GA
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; to provide for the coordination of such dissemination of information through the Division of Aging Services of the Department of Human Resources; to provide for the establishment and maintenance of a website and a toll-free telephone number for the dissemination of information.
(Filed 2/23/05; favorable report; did not pass by end of regular session 3/31/05*) | | CL | | HI
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 1/22/05; passed House 3/8/05; did not pass Senate by end of regular session 5/5/05*) | Price | | HI
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 1/20/05; passed House; passed Senate 4/12/05; conferees appointed 4/18/05; did not pass Conference Comm. by end of regular session 5/5/05*) | Mkt, PBM | | HI
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 1/20/05; passed House 3/3/05; did not pass Senate by end of regular session 5/5/05*) | M, Price, PDL, Mkt | | HI
HR 90,
HCR 117
Rep. Takai
| Would rename the Hawaii Rx Plus Prescription Drug Program the “Takumi-Menor Affordable Prescription Drug Program” in recognition of Rep. Takumi’s and Sen. Menor’s efforts to provide affordable prescription drugs to Hawaii consumers.
(Filed and sent to committee 4/1/05) | D | | HI
HB 102
Rep. Hiraki
SB 462
Sen. Taniguchi
| Would require medical research subject to chapter 324, HRS, 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 1/22/05; did not pass by end of regular session 5/5/05*) | Trials | | HI
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 sent to committee 1/21/05; did not pass by end of regular session 5/5/05*) | PDL, PA, | | HI
HR 139
HCR 187
Rep. Takumi | Would urge Congress to pass federal legislation to provide access to safe, affordable prescription drugs by allowing purchase of prescription drugs from Canada and other countries that meet federal safety requirements and requesting the Sec. of HHS to support and implement reimportation.
(Filed 3/23/05; did not pass by end of regular session 5/5/05*) | Imp | | HI
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 Federal Drug Administration before being made available for general clinical use.
(Filed 1/24/05; did not pass by end of regular session 5/5/05*) | Trials | | HI
HB 693,
SB 802 [updated'07]
Rep. Say,
Sen. Bunda | Creates a new State Pharmacy Assistance subsidy program to provide medically necessary prescriptions to residents age 65 and older and disabled individuals, with incomes up to 100 percent of federal poverty, and "may pay all or some of the deductibles, co-insurance payments, premiums and co-payments required under the federal Medicare part D pharmacy benefit program, subject to receipt of sufficient rebates", and facilitate enrollment and coordination of benefits between the state pharmacy assistance program and the new Medicare part D drug benefit program. The program is to meet the Medicaid best price exemption requirements of 42 U.S.C. §1396r-8(c)(1)(i)(III).
(Deleted in House and final version: Income eligibility up to 150 percent of federal poverty.)
(Filed 1/05; HB 693 did not pass; SB 802 passed Senate 24y-0n, 3/8/05; passed House 4/12/05; signed into law by governor as Act 209, 7/8/05) | MMA, S | | HI
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 2/1/05; did not pass by end of regular session 5/5/05*) | Trials | | HI
HB 1051,
HB 1262
Rep. Arakaki
| Prohibits DHS from restricting Medicaid recipient's access to psychotropic medication and establishes presumptive eligibility in emergency. Exempts prescriptions for psychotropic, HIV/AIDS, Hepatitis C medications and transplant immunosuppresives from prior authorization requirement.
(Filed 1/27/05; HB 1051 passed House 3/8/05; passed Senate 4/12/05; sent to governor 5/5/05; became law without the Governor's signature as Act 241, 7/12/05) | Brand, M, PDL | | HI
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 sent to committee 1/27/05; deferred until 2/16/05)
SB 1209 (Filed 1/27/05; passed Senate 3/29/05; did not pass by end of regular session 5/5/05*) | Price | | HI
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 1/26/05; did not pass by end of regular session 5/5/05*) | 304B, - | | HI
HB 1317,
SB 1518
Rep. Hiraki,
Sen. Chun Oakland | Prohibits the Department of Human Services from taking any action or expending state resources in any effort to remove or "carve out" pharmaceutical benefits management from managed care plans that provide health care coverage for Medicaid beneficiaries. Requires a study by January '06 of the 2006 Medicaid Rx programs and options.
(HB 1317 filed 1/27/05; passed House and Senate 5/3/05; sent to governor 5/5/05; vetoed by governor 7/11/05; Senate override of veto passed 19y-5n, 7/12/05; became law by veto override as Special Session 2005 Act 4 , 7/12/05) | | M, PBM | | HI
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 1/26/05; did not pass by end of regular session 5/5/05*) | Trials | | HI
SB 958
Sen. Ige | 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 1/26/05; did not pass by end of regular session 5/5/05*) | Trials | | HI
SB 1420
Sen. Baker | Prohibits DHS from restricting payment for or a recipient's access to psychotropic medication, requires DHS to establish presumptive eligibility for psychotropic medication coverage until a decision is made, and exempts licensed providers from preauthorization for prescription psychotropic medication. Establishes a task force to further study the issue of removing the restrictions on licensed medical physicians for prescribing psychotropic drugs to their patients.
SB 1420 (Filed 1/27/05; passed Senate 3/8/05, passed House 4/12/05; enrolled, sent to governor, 5/6/05; notice of intent to veto by governor 6/27/05; enacted into law without Governor's signature as Act 239, 7/12/2005 | Brand, M, PDL, | | HI
SB 1440
Sen. Menor | Would require marketing disclosures by drug manufacturers; requires transparency in pharmacy benefit managers.
(Filed 1/27/05; did not pass by end of regular session 5/5/05*) | Mkt, PBM | | ID
HB 321
Ways & Means Comm. | Would provide that certain Medicaid recipients pay “nominal” copayments for prescription (set by regulation) and over- the-counter drugs (up to $1); with the standard federal exception for the inability to make required copayments; to provide for waivers; also would lower the Medicaid pharmacy reimbursement rates by negotiation and the dispensing fee by $1. State savings estimated at $525,000.
(Filed 3/11/05; did not pass by end of regular session 4/6/05) | | Copay, M | | ID
HB 324
Education Comm. | Provides for Medicaid coverage of experimental pharmaceutical treatments if deemed as “cost-effective as traditional, standard treatments” by the Medicaid department.
(Filed 3/11/05; passed House 66y-0n, 3/21/05; passed Senate 34y-0n, 3/25/05; signed by governor as Session Law Chapter 294, 4/6/05) | | Brand, M | | ID
SB 1089
Health & Welfare Comm.
| Would establish the Idaho Prescription Drug Program; providing discounts based on savings from state-negotiated manufacturer rebates, with eligibility including residents with annual incomes up to 250 percent of federal poverty (no age limits) and lacking Rx insurance coverage; providing for rebate agreements based on Medicaid pricing, with features based on Maine Rx+. Medicare enrollees who sign up for a PDP or Medicare Advantage plan in 2006 generally would not be eligible.
(Filed 2/3/05; did not pass by end of regular session 4/6/05) | | D, MMA, Price | | ID
SCR 118
Sen. Compton | Non-binding resolution encourages greater access to prescription drugs for residents through identification and creation of public private partnerships, “to include pharmaceutical manufacturer patient assistance programs, prescription drug discount card programs, prescription drug benefits in the SHCIP program, Medicare and Medicaid.”
(Filed 3/21/05; passed Senate 3/23; passed House & signed 3/30/05) | | Brand, CL | IL
HB 656
Rep. Franks | Would create the Prescription Drug Ethical Marketing Act. Would require every manufacturer and labeler that sells prescription drugs in the State to disclose to the Director the value, nature, and purpose of any gift, fee, payment, subsidy, or other economic benefit provided in connection with detailing or promotional or other marketing activities by the company, directly or through its pharmaceutical marketers, to any person in the State authorized to prescribe or dispense prescription drugs. Would require the Director to report to the Governor and the General Assembly on the disclosures. Would provide exceptions to the disclosures and for injunctive relief and civil penalties for failure to disclose.
(Filed 1/28/05, pending in committee 3/10/05, 10/05) | Mkt | IL
HB 2451
Rep. Flowers
| Requires disclosure upon request of actual current retail price of any brand or generic presciption drug by retail pharmacies. Would apply "only to requests made in person or by telephone for the prices of up to 10" products, as requested by a consumer with a prescription or by a state agency survey.
(Filed 2/17/05; passed House 113y-0n, 4/15/05; passed Senate 58y-1n, 5/27/05; signed into law by governor as Public Act 94-459, 8/4/05) | Price | | IL
HB 2768
Rep. Stephens | Would require a wholesale drug distributor or pharmacy benefit manager that has entered into a contract with the State to sell or negotiate the sale of a prescription drug to the State at a particular price, then, upon the request of any pharmacy located in this State, the wholesale drug distributor or pharmacy benefit manager must disclose that price and make that prescription drug available to the pharmacy at that same price during the period that the contract with the State is in effect, regardless of the quantity of the drug purchased by the pharmacy.
(Filed 2/22/05; pending in committee 10/05) | D, PBM, Price, Whole | | IL
HB 3794
Rep. Schock | Would provide that, as part of implementation of a federal Medicare prescription drug benefit, the Department of Public Aid shall develop a new supplemental coverage program to help cover out-of-pocket expenses of individuals enrolled in the Medicare prescription drug benefit program, including guidelines for coverage under and eligibility for the program.
(Filed 3/10/05; pending in committee 10/05) | MMA, S | | IL
HB 3853
Rep. Mulligan | Would establish the Medigap Premium Reimbursement Program, to be administered by the Department of Public Aid. Provides that under the program, a person who is 65 years of age or older and who purchases and pays the premiums for a policy of Medicare supplemental ("Medigap") insurance that contains a prescription drug benefit is entitled to receive $25 per month from the State.
(Filed 2/29/05; passed House 115y-0n, 4/12/05; pending in Senate committee 10/05) | MMA, S | IL
SB 973
Sen. Ronen | Establishes a new Illinois Senior and Disabled Drug Coverage program to coordinate benefits so seniors and the disabled covered by the state’s current Senior Rx Care and “Circuit Breaker” Pharmaceutical Assistance Program continue to receive equivalent coverage when the new federal Medicare (Part D) drug benefit begins January 1, 2006. Also renames the Illinois Drug Discount Program to extend the program to cover all residents with incomes under 300% of the federal poverty level (FPL), and to revise procedures to ensure that the state can achieve market-based manufacturer rebates and pharmacy discounts. Enrollees may receive a state subsidy for federal copayments over the state's $2 generic and $5 brand copay requirement. It is estimated that 235,359 seniors would be eligible for the new Illinois “wraparound” program, which would require them to enroll in a Part D plan and apply for the federal low-income subsidy. Maximum eligibility for new benefits would be 200 percent FPL, with existing enrollees grandfathered at up to 250 percent of FPL.
(Filed 2/18/05; passed Senate 58y-0n, 5/19/05; passed House 115y-1n, 5/26/05; final passage, signed into law by governor as Public Act 94-86, 6/29/05) | D, MMA, S | IL
SB 1739
Sen. Link | Would establish the Wholesale Prescription Drug Distribution Protection and Licensing Act of 2005, including licensing, reporting, establishing a pedigree concerning distribution, and due diligence review by wholesale drug purchasers.
(Filed 2/25/05; passed Senate 58y-0n, 4/15/05; pending in House 10/05) | Whole | | IL
SB 2253
(2004)
Sen. Demuzio | Amends the Pharmacy Practice Act, by adding the activities of "preparation, computer entry and verification of medication orders, medical devices and prescriptions" as steps regulated under pharmaceutical dispensing.
(Passed Senate 3/25/04; passed House 5/26/04; signed into law by governor as Public Act 93-1075, 1/18/05) | Label | | IL
SR 35
Sen. Martinez | Urges the President of the United States, the Congress of the United States, and the U.S. Food and Drug Administration to establish an independent board of drug safety and a public database of all clinical trial data to ensure that the safety and efficacy of drugs that are sent to market and that stay on the market are subject to the scrutiny of the public and doctors and researchers who have no financial ties to the drug industry.
(Filed 2/17/05; adopted by Senate 4/21/05) | Trials | | IN
HB 1098
Rep. Messer | Requires the Board of Pharmacy to establish procedures under which pharmacies may return expired prescription drugs to drug wholesalers and manufacturers; prohibits a pharmacist from dispensing a prescription drug unless the wholesaler or manufacturer of the drug has a procedure for the return of expired prescription drugs that complies with procedures established by the board of pharmacy.
Also requires wholesale drug distributors to be accredited; allows the establishment of an electronic pedigree pilot program; and officially deems the Verified-Accredited Wholesale Distributors (VAWD) program of NABP as board-approved.
(Filed; passed House 4/27/05; passed Senate 4/28/05; signed into law by governor 5/11/05) | Reuse, Whole | | IN
HB 1131
Rep. Kersey
| Would allow small businesses and residents who are at least 65 years of age to participate in the state aggregate prescription drug purchasing program; requires the state personnel department to charge fees for certain administrative costs.
(Filed 1/11/05; did not pass by end of regular session 4/29/05) | | Bulk, D | IN
HB 1325
Rep. Becker
| Requires the Prescription Drug Advisory Committee to make recommendations before September 1, 2005, to the governor concerning redesigning the prescription drug program to not conflict with the federal Medicare prescription drug benefit program. Allows the secretary to: (1) implement the committee's recommendations; (2) complete federal applications; and (3) enroll eligible individuals in the state program and the federal Medicare prescription drug benefit. Requires an increase in eligibility, to serve persons up to 200 percent of federal poverty, changed from the 2004 level of approximately 137 percent.
(Filed 1/13/05; passed House 95y-0n, 1/31/05; passed Senate 49y-0n, 4/6/05; signed into law by governor 4/26/05) | | M, MMA, S | | IN
SB 9
Sen. Ford | Would allow a patient to authorize the specification on a legend drug container label of the symptom or purpose for which the drug is prescribed; provides certain immunity for a practitioner.
(Filed; passed Senate 2/3/05; did not pass House committee by end of regular session 4/29/05) | | Label | | IN
SB 207
Sen. Dillon | Would require the state to establish a prescription drug card program by contracting with a pharmacy benefit manager to "negotiate benefits related to the purchase of prescription drugs, including negotiation of prescription drug prices with prescription drug manufacturers, wholesalers, and retailers to obtain for cardholders the lowest available price for prescription drugs." All residents who apply and "do not have access to payment for prescription drugs through a third party" would be eligible. Medicare enrollees who sign up for a PDP or Medicare Advantage plan in 2006 generally would not be eligible.
(Filed 1/4/05; did not pass by end of regular session 4/29/05) | | D, MMA | | IN
SB 319
Sen. Simpson | Would allow county hospitals, nonprofit organizations, small businesses, and the state Medicaid program to participate in the aggregate prescription drug purchasing program; repealing a provision prohibiting the state Medicaid program from participating in a multi-state prescription drug purchasing program.
(Filed 1/6/05; did not pass by end of regular session 4/29/05) | | Bulk, D | | IN
SB 321
Sen. Riegsecker | Expands the requirements that must be met by a wholesale drug distributor for eligibility for licensure; specifies prohibited acts; specifies criminal acts related to wholesale drug distribution and legend drugs and devices.
(Filed and sent to committee 1/6/05; did not pass by end of regular session 4/29/05) | | Whole | IA
HF 386
Rep. Ford | Would create a fair market drug pricing act including the establishment of a prescription drug discount card program based on state negotiations with pharmaceutical manufacturers, with program eligibility defined as residents eligible for Medicare or with a net family income below 350 percent of the federal poverty level.
(Filed 2/23/05; ; did not pass committee by end of regular session 5/23/05*) | | D, MMA | | IA
HF 493
Rep. Hogg | Would direct the state to subsidize the out-of-pocket expenditures for certain individuals under Part D of the federal Medicare Prescription Drug Act; provide for payment of 100 percent of the out-of-pocket expenditures for monthly premiums not covered by any other third-party source, for beneficiaries with incomes between 135 percent and 250 percent of the federal poverty level; including coinsurance, deductible, and copayment provisions for Medicare beneficiaries with incomes between 135 percent and 150 percent of the federal poverty level and those who also meet the asset test for beneficiaries, with the state to pay any resulting cost differential in out-of-pocket expenditures of a beneficiary otherwise covered by any other third-party source; would also provide a standing appropriation.
(Filed 03/01/05; did not pass committee by end of regular session 5/23/05*) | | MMA, S | | IA
HF 503
Rep. Hogg | Would prohibit a pharmaceutical marketer from offering or providing to any practitioner, hospital, health care facility, pharmacist, or health benefit plan administrator, or any other person in the state authorized or licensed to dispense, distribute, or purchase prescription drugs, any gift not otherwise exempt under the bill.
Would specify the gifts exempt from the prohibition; direct pharmaceutical manufacturing companies on an annual basis to disclose gifts made to the board of pharmacy examiners; direct pharmaceutical manufacturing companies on an annual basis to provide the name and address of the individual responsible for the company's compliance with the bill; provide that all trade secrets are to be kept confidential; and authorize the attorney general to bring an action for injunctive relief, costs, and attorney fees and to impose a civil penalty for failure of a company to disclose required information.
(Filed 03/01/05; did not pass committee by end of regular session 5/23/05*) | | Mkt | IA
HF 586,
SF 112,
SF 355
Comm. on Human Resources | Would convene a task force to determine "the most efficient means of implementing the Medicare Part D drug benefit, with recommendations due Oct. 1, 2005.
(HF 586 withdrawn 4/21/05; SF 112 did not pass committee by end of regular session 5/23/05; SF 355 filed 3/14/05; passed Senate 3/23/05; passed House 4/21/05; did not pass by end of 2005 session 5/23/05*) | | MMA | | IA
HF 610
Comm. on Commerce, Regulations & Labor | Prohibits the retail sale or offer of direct retail sale of a prescription drug through the use of electronic mail or the internet by a person other than a licensed pharmacist, physician, dentist, optometrist, podiatric physician, or veterinarian, with violation defined as a simple misdemeanor. A person who knowingly sells an adulterated or misbranded drug through the use of electronic mail or the internet is guilty of a class "D" felony. If the death of a person occurs as the result of consuming a drug sold in violation of this law, the violation is a class "B" felony.
(Filed; passed House 3/30/05; passed Senate 4/27/05; signed into law by governor 5/12/05) | Internet | | IA
HF 709
Comm. on Human Resources
HF 821
Comm. on Appropriations | Would direct the commissioner of insurance to establish and administer a prescription drug assistance clearinghouse program to improve access to prescription drugs for individuals and to assist individuals in accessing programs offered by pharmaceutical manufacturers that provide free or discounted prescription drugs or provide coverage for prescription drugs.
(HF 709: withdrawn 3/29/05; HF 821: filed 3/22/05; passed House 99y-1n, 3/29/05; passed Senate 49y-0n, 4/21/05; did not pass by end of 2005 session 5/23/05*) | | CL | | IA
HF 722
Comm. on Human Resources
| Would direct board to establish and maintain an electronic drug database; use the electronic drug database to monitor the misuse, abuse, and diversion of controlled substances and other drugs; electronically collect and disseminate information. Would allow that board may contract with a third-party/private vendor to administer the electronic drug database.
(Filed 3/22/05; passed House 98y-0n; did not pass committee by end of regular session 5/23/05*) | Monitor | | IA
HF 724
Comm. on Human Resources | Creates a prescription drug donation and redispensing pilot program, under which "any person may donate prescription drugs and supplies for use by an individual who meets eligibility criteria specified by the department by rule; drugs must be turn in to a pharmacy or medical facility. Effective July 2005.
(Passed House 4/5/05; passed Senate 04/14/05; signed into law by governor 5/3/05) | Reuse | IA
SF 242
Sen. Ragan | Would appropriate $500,000 from the general fund to the Department of Commerce for FY2005-2006 to provide a consumer education and outreach program to reach residents who are eligible for low-income prescription drug coverage through Part D of the federal Medicare benefit.
(Filed 3/1/05; did not pass by end of regular session 5/23/05*) | CL, MMA | | KS
HB 2282
Committee on Health and Human Services
| Would prohibit institutional review boards at hospitals and universities in Kansas from approving clinical trials at state hospitals and universities unless the results of the trial are made available to physicians and the public and such clinical trial data is posted electronically at http://www.clinicaltrials.gov/. Would specify that clinical results made available shall contain no identifying information regarding the participants of the trial. Would define for purposes of this act, ‘‘institutional review board’’ as any board, committee or other group designated by an institution to approve the initiation of and to conduct periodic review of biomedical research involving human subjects.
(Filed 2/4/05; did not pass by end of regular session 5/20/05*) | Trials | | KS
SB 290
Ways and Means Comm. | Would expand use of Medicaid prior authorization program or “restrictive formularies”, by removing statute language stating “shall not restrict patient access” and replace it with “may restrict…” Authorized to apply to state Rx subsidy program.
(Filed 3/8/05; did not pass by end of regular session 5/20/05*) | M, S | KY
HB 85
Rep. Pasley
| Would require the secretary of the Cabinet for Health Services to “negotiate the highest obtainable rebates from drug manufacturers to be used to provide a refundable prescription drug tax credit” for uninsured Kentucky residents who have incomes at or below 350% of the federal poverty guidelines. Would require the secretary to use the amount of rebates provided to the Medicaid program and other federal programs.
(Filed and sent to committee 1/6/05; did not pass by end of regular session 3/21/05) | | D, Tax | KY
HB 92
Rep. Burch | Would prohibit the Cabinet for Health Services from placing prior authorization restrictions on HIV/AIDS drugs or diagnostic tests if prescribed and medically necessary and making these exemptions and exclusions from limitations applicable to all programs operated by all offices, agencies, and departments under the cabinet's jurisdiction.
(Filed and sent to committee 2/16/05; did not pass by end of regular session 3/21/05) | | M, Brand | | KY
SB 4
Sen. Westwood | Would require a 50% reduction in the public employee coinsurance for retail prescription drugs, for enrollees using more than 25 Rx per year. Would establish a health reimbursement account for state employees and school board employees participating in the state health insurance and set the annual employer contribution for 2006 at $600.
(Filed and sent to committee 1/7/05; did not pass by end of regular session 3/21/05) | | Copay | | KY
SB 9
Sen. Boswell | Would authorize horse racing track and casino gambling, requiring that 25% of wagering taxes be paid to the Cabinet for Health Services of which 5% would be apportioned to pay for a prescription drug program for senior citizens of the Commonwealth.
(Filed and sent to committee 1/7/05; did not pass by end of regular session 3/21/05) | | S | | KY
SB 23
Sen. Denton | Creates a new state subsidized pharmacy assistance program for seniors over 65 and under 150% FPL that wraps around Medicare Part D. The program "may pay all or some of the deductibles, coinsurance payments, premiums, and copayments" required under the Medicare Part D pharmacy benefit program. Authorizes state contracts with one or more prescription drug plans to coordinate the prescription benefits and preferred enrollment in such plans, with an opt-out for individuals. New enrollment is to be completed by October 1, 2005, and benefits will begin January 1, 2006.
Also creates a drug repository program to support the donation of a drug or supplies needed to administer a cancer drug for reuse by individuals who meet the eligibility criteria established by the Cabinet for Health Services. Would protect manufactures and health facilities from liability of donated drugs.
(Filed; passed House and Senate 3/8/05; signed into law by governor 3/18/05) | | MMA, Liability, Reuse, S | | LA
HB 1
Rep. Alario | The FY 06 state budget (in §09-306) includes $190 million for "buy-in" premium assistance for up to 160,000 Medicare-Medicaid dual-eligibles, "for those eligible individuals who cannot afford to pay their own 'out-of-pocket' Medicare costs." Funds include pharmaceutical coverage and other health care.
(Filed 4/4/05; amended and passed House 5/26/05; passed Senate 6/19/05; signed into law by governor as Act 16, 7/14/05) | | M, MMA, S | LA
HCR182
Rep. Glover | Non-binding resolution, requests the Department of Health and Hospitals to study all viable opportunities to offer prescription drugs at no cost or reduced cost to Louisiana's uninsured and under-insured populations.
(Filed 6/9/05; adopted by House 6/16/05; adopted by Senate 33y-0n; signed by speaker and president 6/21/05) | Study | LA
SR 105
Sen. Hines | Requests the Louisiana SenioRx program to assist residents aged over sixty-five and older in obtaining information about the Medicare Part D prescription drug benefit.
(Filed 5/31/05; adopted by Senate; signed by president 6/3/05) | CL, MMA | | ME
HP 45/ LD 49
(LR 88)
Rep. Greeley | Would require the Maine Board of Pharmacy to adopt rules to “reduce forgery and fraud” by requiring prescribers of medication to include the written word for any number used in the prescription.
(Filed and sent to committee 1/11/05; died in Senate 2/22/05) | | Label | | ME
HP 105 / LD 129
Rep. Watson | Would establish the unused prescription drug program under which unused prescription drugs are accepted and dispensed to low-income persons. To be eligible for the program a person must have a family income below 350% of the federal poverty level, may not be receiving MaineCare prescription drug benefits, must be a Maine resident and must have a valid prescription for the drug to be dispensed. The program may accept unused and unopened prescription drugs from drug manufacturers, drug wholesale and terminal dist.
(Filed 1/13/05; passed House and Senate 5/20/05; signed into law by governor as Chapter 20, 5/31/05) | Reuse | | ME
HP 127 / LD 176 (LR 1490)
Rep. Marraché | Would eliminate limitations on patients' access the prescription drug benefit in MaineCare program, the elderly low-cost drug subsidy program and Maine Rx Plus Program “must provide access to medically necessary prescription drugs for enrollees without a prior authorization procedure.”
(Filed 1/18/05; in committee 4/11/05; died in Senate 5/23/05) | | Brand, M | | ME
HP 343 / LD 468
(Budget bill)
| FY06 budget (in §165) establishes the joint purchasing effort of the Pharmaceutical Cost Management Council, to "develop options to maximize cost effectiveness" for all publicly sponsored purchases. Requires development of a 3-tier copayment plan; also authorizes use of a preferred drug list, based on Medicaid PDL, but not subject to prior authorization. Sets a maximum price for generic drugs.
Final version deleted language (in §2001) that requires that ensure that incentives may be implemented to reward the use of mail order and replaces it with language that allows access to mail-order prescriptions but prohibits incentives to reward the use of mail order. This amendment also strikes the deappropriation that was based on anticipated savings.
(Filed and approved by House and Senate 3/30/05; signed into law by governor as Chapter 12, 3/31/05) | Bulk, D, Mail, PDL | | ME
HP 369/ LD 494
Rep. Campbell | Would establish a prescription drug program to provide access to prescription drugs from out of the State and out of the country, including Canada, to residents of the State who are 62 years of age and older or have disabilities.
(Filed 2/1/05; passed House and Senate 5/18/05; signed into law by governor as Chapter 165, 5/20/05) | Imp | | ME
HP 437 / LD 604
Rep. Perry | Would direct the Department of Health and Human Services to provide to all MaineCare beneficiaries a local retail alternative to out-of-state mail-order pharmacies for access to medications, with “any savings in the form of reduced hospitalizations realized as a result of implementing a local pharmacy access option be divided equally among providers, pharmacies and the MaineCare program.”
(Filed 2/11/05; passed House and Senate 5/20/05; signed into law by governor as Chapter 83, 6/03/05) | Mail | | ME
LR 609 / LD 609
Rep. Glynn | Would change the law concerning the general assistance program for municipalities to specify that general assistance may not be given for applicants receiving Medicare, MaineCare or Dirigo Health, or other prescription coverage, for coverage denied by those programs.
(Filed 2/8/05; died in Senate 5/3/05)| | S | | ME
HP 463/ LD 630
Rep. Bishop | Would allow a prescription drug prescribed for a person to be kept outside of the container in which it was dispensed, including allowing close family members and other persons authorized by a person lawfully in possession of a drug or controlled substance to assist in filling a prescription, preparing the drug for use.
(Filed 2/10/05; passed House and Senate 5/20/05; signed into law by governor as Chapter 252, 5/31/05) | Label | | ME
HP 505/ LD 710
Rep. Mills | Would require a manufacturer of pharmaceutical drugs or a research organization or other health organization that sponsors a clinical trial of a pharmaceutical drug, treatment option or medical device and that enrolls as a participant in the trial a person who is receiving treatment at a state mental health institute, at a community or specialty hospital if reimbursed with state funds, or at a juvenile or adult correctional facility to notify the Executive Director of Dirigo Health prior to beginning the clinical trial, beginning 1/1/06.
(Filed 2/15/05; passed House and Senate 5/25/05; signed into law by governor as Chapter 77, 6/2/05) | Trials | | ME
SP 296/ LD 888
Sen. Mayo | Would require that health insurers and health maintenance organizations issue uniform prescription drug cards with standardized information relating to the prescription drug benefits provided under a health plan. Would allow the standard information to be included on an existing identification card used by an insurer or health maintenance organization instead of requiring that the insurer or health maintenance organization issue a separate card. Would apply to all policies, contracts and certificates issued on or after January 1, 2006.
(Filed 2/22/05; died in House 5/5/05) | | Card | | ME
HP 810 / LD 1167
(LR 1797)
Rep. Marraché | Would create a licensing structure for wholesale distributors of prescription drugs to be regulated by the Maine Board of Pharmacy. Includes licensing requirements for wholesale distributors of prescription drugs, restrictions on transactions for wholesale distributors of prescription drugs, and requirements for pedigrees for prescription drugs.
(Filed 3/8/05; died in Senate 5/19/05) | | Whole | | ME
HP 908/ LD 1310
Rep. H. Pingree | Would require the Legislature to undertake an immediate overview of prescription drug policies of the Department of Health and Human Services under all programs in the State that improve access to prescription drugs, including MaineCare, the elderly low-cost drug program and the Maine Rx Plus Program.
(Filed 3/15/05; died in Senate 5/23/05) | | D, S, Study | | ME
HP 923 / LD 1324
Rep. Brautigam | Establishes the Pharmacy Cost Management Council to develop and implement measures to control the cost of prescription drugs and expand the state's purchasing power, pooled purchasing for public sectors and including employers, use of PBMs, PDLs, disease management, and research purchasing and coordination of benefits related to maximizing use of federal programs (Medicare, 340B) and purchasing from outside the US.
(Filed 3/15/05; passed House 6/3/05; passed Senate 6/6/05; signed into law by governor as Chapter 343, 6/8/05) | 340B, Bulk, D, Imp, Study | | ME
HP 924 / LD 1325
Rep. Brautigam | Provides for continuity of care related to implementation of the Medicare D prescription drug benefit by 1) authorizing the state to provide assistance to persons applying for and enrolled in the elderly low-cost drug program so that they may obtain benefits under Medicare D; and 2) allowing coverage under the Elderly Low-Cost Drug Program for persons enrolled in Medicare D under certain circumstances.
(Filed 3/15/05; passed to be engrossed by House and Senate 6/14/05; signed into law by governor as Chapter 401, 6/17/05) | MMA, S | ME
HP 1012 / LD 1448
Rep. Pingree
| Would authorize the state to "stabilize and Strengthen the MaineCare Program" by increasing state cigarette tax by 5 cents.
(Filed 4/4/05; did not pass committee by end of regular session 4/26/05) | D, M | ME
HP1141 / LD 1618
Rep. Lerman | Prohibits pharmaceutical companies from advertising on television, radio or in print unless material meets federal guidelines. Also includes clinical trial requirements that manufacturers "shall post on the public website of the federal National Institutes of Health or another publicly accessible website information concerning any clinical trial that the manufacturer conducted or sponsored beginning October 15, 2002; includes a fee for Rx manufacturers that advertise in the state for maintaining the clinical trial database.
(Filed 5/3/05; passed House 73y-72n, 6/10/05; passed Senate 6/10/05; signed into law by governor as Chapter 392, 6/15/05)
Update: The State has established a Clinical Trials Website, designed as part of implementation of Chapter 392, effective October 15, 2005. | Mkt, Trials | | ME
SP 78 / LD 225
(LR 401)
Sen. Mayo | Would require the annual registration of pharmaceutical detailers with the Maine Board of Pharmacy beginning 10/1/05. A pharmaceutical detailer is a person who acts in an educational role on behalf of a pharmaceutical manufacturer or labeler regarding its drugs, supplies and other products, but a pharmaceutical detailer is not registered as a lobbyist for a pharmaceutical manufacturer or labeler. The bill imposes a registration fee not to exceed $50. The bill also authorizes the board to adopt rules regarding the registration of pharmaceutical detailers.
(Filed 1/18/05; died in Senate 4/12/05) | | Mkt | | ME
SP 406 / LD 1178
Sen. Brennan | Special law requires that "Governor's Office of Health Policy and Finance shall reconvene the Governor's Committee To Study the Feasibility of Importation of Prescription Drugs;" also requires plans to develop a web site and safety program only after federal approval is obtained. Report due to the legislature in January 2006.
(Filed 3/8/05; passed House 6/6/05; passed Senate 6/17/05; signed into law by governor as Private and Special Law Chapter 26, 6/21/05) | | Imp | | ME
SP 493 / LD 1404
Sen. Brennan | Resolve requires the Dept. of Health and Human Services to establish prior authorization and PDL pharmacy benefit procedures for the MaineCare (Medicaid) and Elderly Low-Cost Drug subsidy programs, including a drug utilization review committee within MaineCare.
(Filed 3/22/05; passed House and Senate 6/8/05; signed into law by governor as resolve Chapter 113, 6/14/05) | Brand, M, PDL, S | | ME
SP 534 / LD 1539
Sen. Brennan | Delays implementation of the deadline for filing reports regarding marketing activities by pharmaceutical manufacturers. Also clarifies that the Department of Health and Human Services may disclose that information to an entity that provides services to the department under the laws requiring those reports, but specifies that such disclosure does not change the confidential status of the information.
Filed; passed House 5/24/05; passed Senate 5/20/05; signed into law by governor as Chapter 286, 6/2/05) | Mkt | | ME
SP 536 / LD 1541
Sen. Weston | Limits the pricing information that a pharmaceutical manufacturer must report to the state to average manufacturer price (AMP) and best price as defined by federal law. It eliminates the instructions on calculating other pharmaceutical pricing information and the requirement to describe the methodology for calculating pricing information that is reported. It also strengthens the confidentiality protection afforded to the reported information.
(Filed 4/4/05; passed to be enacted by House and Senate 6/9/05; signed into law by governor as Chapter 402, 6/17/05) | Mkt, Price | | MD
HB 54,
SB 289
Del. Pendergrass | Would require a clinical trial to be listed in the Clinical Trials Data Bank of the U.S. HHS before a sponsor may enroll participants in the clinical trial.
(Filed 1/12/05, 1/28/05;HB 54 passed House 3/3/05; passed Senate 4/4/05; did not pass conference committee at end of regular session, 4/8/05) | | Trials | | MD
HB 65,
HB231,
SB 742
Del. Franchot, Del. Rudolph | Would require the state to seek approval of a waiver from the federal Food and Drug Administration to operate a program to purchase and import prescription drugs from Canada, including a plan to implement a Canadian Mail Order Plan to provide prescription drugs to State Employee and Retiree Health and Welfare Benefits Program enrollees.
(Filed 1/12/05; did not pass committee by end of regular session, 4/05) | | Imp | | MD
HB 324
Del. Hammen | Integrates current state programs by providing Medicare Part D beneficiaries who meet program requirements with a state subsidy for a portion of their Medicare Part D premiums and deductibles. Also establishes the Medicare Option Prescription Drug Program as part of the state’s Medicaid program, and will provide advice and assistance so low-income Medicare eligible individuals make a seamless transition to Medicare Part D, as well as coordinating benefits with Part D. Dual eligibles, as well as those under 150 percent of FPL will be automatically enrolled, with the ability to opt out. The program may pay all or part of the premiums, deductibles, coinsurance payments, and copayments required under Medicare Part D.
(Filed 1/27/05; passed House 3/3/05; passed Senate 4/8/05; signed into law by governor as Chapter 282 of 2005, 5/10/05) | | MMA, S | MD
HB 835
Del. Stern | Would create the Wholesale Prescription Drug and Device Distribution Protection and Licensing Act of 2005, to increase safety of transactions and prevent sale of counterfeits.
(Filed 1/05; did not pass committee 3/25/05) | | Whole | MD
HB 1058
Del. Rudolph | Would create the Pharmacy Benefits Managers (PBM) Regulation Act of 2005. Would prohibit PBMs from imposing a different reimbursement, co-payment, deductible, limit on quantity, or other conditions on retail than on mail order.
(Filed 1/11/05; passed House 3/17/05; did not pass Senate committee by end of session 3/29/05) | | PBM | MD
HB 1090
Chair, Health & Govt. Operations | Would provide for the regulation by the Maryland Insurance Commissioner of specified discount drug plan organizations and discount medical plan organizations, including restristration, a required consumer refunds under specified circumstances, and penalties including revocation, restitution to enrollees or fines up to $10,000.
(Filed 2/11/05; passed House 3/30/05; did not pass Senate by end of regular session) | | D | MD
HB 1143,
SB 728
Del. Rudolph,
Sen. Pinsky | Establishes a new state discount category, expanding the eligibility requirements of the Maryland Pharmacy Discount Program to cover non-Medicare beneficiaries, especially under age 65, who are uninsured, with annual household income up to 200% of federal poverty guidelines; authorizes the state to seek and obtain a CMS waiver, similar to the previously-granted waiver for seniors under 175% of poverty.
(Filed 2/4/05; both bills passed Senate 3/28/05, 4/6/05; passed House 3/26, 4/4/05; HB 1143 signed into law by governor as Chapter 418 of 2005, 5/10/05) | | D, MMA | MD
HB 1287
Del. Rudolph | Establishes the Maryland Rx program "to achieve savings on the cost of prescription drugs for the State Employee and Retiree Health Program and local governments, through use of PDLs, manufacturer rebates, negotiated discounts and other cost savings measures.
(Original language deleted: would have included private businesses and use of evidence-based analysis of products.)
(Filed 2/11/05; passed House 135y-0n, 3/26/05; passed Senate 47y-0n, 4/8/05; signed into law by governor as Chapter 428 of 2005, 5/10/05) | Bulk, D, PDL | MD
SB 282
Sen. Middleton
| Renames the Senior Prescription Drug Program to be the Senior Prescription Drug Assistance Program; alters the eligibility requirements to cover Medicare eligibles with annual incomes up to 300 percent of FPL; requires the Program to provide a wrap-around state subsidy for the cost of a portion of Medicare Part D or Medicare Advantage Plan premiums and deductibles, with a state monthly premium of $10 per month and no deductible; repeals the Maryland Pharmacy Discount Program.
(Filed ; passed Senate, passed House 136y-0n, 4/9/05; signed into law by governor as Chapter 281 of 2005, 5/10/05) | D, MMA, S | MD
SB 723
Sen. Teitelbaum | Would require a pharmacy that is open to the public to print and post monthly the list of prescription drugs with prices, as posted on the website of the Office of the Attorney General.
(Filed 2/4/05; passed Senate 3/10/05; did not pass House by end of regular session 4/05) | | Price | | MA
H 1,
S 2100
Governor | Governor's FY06 Budget (in §163) would modify the MA Prescription Advantage subsidy program, by coordinating benefits with MMA benefits beginning Jan. 1, 2006. Would require all state enrollees eligible for Medicare Part D to also enroll in a new Part D Medicare plan or Medicare Advantage managed care plan; also would require them to apply for Medicare low-income subsidies. Would provide for state auto-enrollment into Medicare Rx programs "to the extent permitted by MMA and regulations." Would provide a wrap-around or "supplemental assistance for premiums, deductibles, payments, and co-payments required by the Part D plan or Medicare Advantage plan. The department shall establish the amount of the supplemental assistance it will provide enrollees based on a sliding income scale." Enrollees ineligible for Medicare would continue to receive state-only insurance subsidy benefits. Prescription Advantage maximum annual funding would be set at $90.2 million.
Senate committee amendment would set funding at $92.2 million.
(Filed and sent to committee 2/2/05; amended in House and Senate; see H 4200) | MMA, S | | MA
H 1, sec 164
Governor | Governor's FY06 Budget (Sec. 164) would provide bulk purchasing for state and county sheriffs prison health programs, to be coordinated by the State Office of Pharmacy Services at the department of public health (SOPS). Interagency purchases would be required where demonstrated to be more cost-effective.
(Filed 2/2/05; did not pass in House version 4/29/05) | Bulk | | MA
H 2614
Rep. Reinstein | Would require pharmacists to inform purchasers of drugs of of over-the-counter interchangeable drug products, available at lower cost.
(Filed 1/26/05; hearing 9/21/05; pending in committee 10/05*) | Generic, OTC | | MA
H 2624
Rep. Sullivan | Would authorize direct to consumer rebates or discount coupons for prescription drug purchases.
(Filed 1/26/05; committee report 6/22/05; pending in committee 10/05*) | Price | | MA
H 2636
Rep. Straus | Would coordinate bulk purchasing of prescription drugs.
(Filed 1/26/05; hearing 9/21/05; pending in committee 10/05*) | Bulk | | MA
HB 2659
Rep. Spellane | Would require disclosure of certain gifts made by pharmaceutical companies to persons authorized to prescribe or dispense prescription drugs.
(Filed 1/26/05; hearing 9/21/05; pending in committee 10/05*) | Mkt | | MA
H 2672
Rep. Nangle | Would require a minimum type size used in prescription drug labeling.
(Filed 1/26/05; hearing 9/21/05; pending in committee 10/05*) | Label | | MA
H 2674
Rep. Fennell | Would require Rx labels to include generic name and brand name.
(Filed 1/26/05; hearing 9/21/05; pending in committee 10/05*) | Generic | | MA
H 2683,
S 399
Sen. Montigny,
Rep. Jehlen | Would establish a prescription drug “fair pricing program”, including 1) a discount drug program for Medicare-eligible residents with incomes over 188 percent of FPL, and other residents with income up to 300 percent of FPL. Discounts would be based on manufacturer rebates comparable to Medicaid rebates. 2) create a “statewide, uniform preferred list of covered prescription drugs” and a multi-agency bulk purchasing program. 3) include consumer safeguards and appeal process for access to products requiring prior authorization or listed as non-preferred. 4) prohibit any pharmaceutical manufacturer, from giving gifts of any value at any time to physicians or providers. 5) require membership in the National Legislative Association on Prescription Drug Prices (NLARx).
(Filed 1/26/05; hearing 9/21/05; pending in committee 10/05*- status) | Bulk, D, M, Mkt, MMA, PDL, Price | | MA
H 2689,
S 408,
Sen. Moore,
Rep. Koutoujian | Would establish collaborative drug therapy management (defined as “initiating, monitoring, modifying and discontinuing of a patient's drug therapy by a pharmacist in accordance with a collaborative practice agreement” with a physician), allowing pharmacists to write revised prescriptions, including those that could reduce patient costs.
(Filed 1/26/05; pending in committee 6/9/05, 10/05*- status) | Brand, Generic | | MA
H 2700
Rep. Scibak | Would require “all programs, clinics, hospitals and other health-related centers and entities that are eligible under Section 340B” to participate in the federal prescription drug price discount program, unless they demonstrate greater savings through other purchasing.
(Filed 1/26/05; pending in committee 10/05*- status) | 340B | | MA
H 2702
Rep. Scibak | Would establish a drug repository program to accept and dispense donated prescription drugs.
(Filed 1/26/05; pending in committee 10/05*- status) | Reuse | | MA
H 2722
Rep. Jones | Would establish a state Pharmacy Council to coordinate agencies and recommend policies in lowering prescription drug costs.
(Filed 1/26/05; pending in committee 10/05*)- | Bulk, D, Price, Study | | MA
H 2725
Rep. Timilty | Would establish a 15-member special commission to study the delivery of prescription drugs including analyze bulk purchasing, discount cards, private section insurance drug programs, pharmaceutical benefit managers, and other issues.
(Filed 1/26/05; hearing 9/21/05; pending in committee 10/05*- status) | Study | | MA
H 2732
Rep. Bradley | Would authorize enrollees of MA Prescription Advantage insurance subsidy to obtain up to three months supply of Rx.
(Filed 1/26/05; committee hearing 10/12/05*) | S | | MA
H 2748
Rep. Sannicandro | Would allow purchase of prescription drugs from Canada.
(Filed 1/26/05; pending in committee 10/05*) | Imp. | | MA
H 2761
Rep. Teahan | Would provide consumer standards for prior approval used by the Division of Medical Assistance for certain prescription drug coverage, including temporary authorization of a 10-day supply and requiring reviewers to "weigh evidence of a reasonable difference in therapeutic value between the prescribed drug and the suggested substitute against the available clinical evidence for that difference"
(Filed 1/26/05; pending in committee 10/05*) | Brand, M | | MA
H 2778
Rep. Blumer | Would clarify open enrollment eligibility for the subsidized prescription drug insurance program, to include a one year period for those notified that they are being dropped or will lose existing managed care coverage.
(Filed 1/26/05; pending in committee 10/05*) | MMA, S | | MA
H 2961
Rep. Teahan | Would require health insurance coverage for mail order prescription drugs to also offer equal costs, co-payments and availability through non-mail order retail pharmacies.
(Filed 1/26/05; pending in committee 10/05*) | Mail | | MA
H 3001
Rep. Fresolo | Would relate to insurance coverage for prescription drugs.
(Filed 1/26/05; pending in committee 10/05*) | - | | MA
H. 4000, H 4101,
H 4200 (Sec 27),
S 2100, S 2101
Ways & Means Committees | FY06 Budget (in §27) provides for coordination and wraparound benefits for current MA Prescription Advantage enrollees, including mandating enrollment in a Medicare Part D plan or Medicare Advantage plan and application for federal low-income subsidy if eligible. Requires the state Prescription Advantage program to “provide supplemental assistance for premiums, deductibles, payments, and co-payments” instead of state-based insurance, and authorizes facilitated or automatic enrollment to the extent allowed by MMA and federal regulations. Non-Medicare enrollees would continue to receive the state-based insurance subsidy. Includes $92.2 million for subsidies and operations in FY06, beginning 7/1/05.
(Favorable committee report 4/13/05; passed House 4/29/05; passed Senate 5/24/05;
H 4200 §27 signed into law by governor as Chapter 45 of 2005, 6/30/05)
UPDATE: On August 29 CMS formally approved the Massachusetts plan to automatically enroll state members into lower cost drug plans. | MMA, S | MA
H 4298
Health Finance
| Provides that the state may certify the financial solvency of companies applying to serve as a Medicare Advantage Special Needs Plan caring for dual-eligible on Medicare and Medicaid, including Rx coverage. The Dept. of Human Services may charge a fee for such certification submitted to CMS.
(Passed House 7/28; passed Senate 8/1; signed by the Governor, Chapter 66 of the Acts of 2005 8/11/05) | MMA | | MA
S 375
Sen. Barrios | Would create an Office of Pharmaceutical Information to provide information to residents about the purchase of prescription drugs including from Canadian sources, for facilities fully licensed by Canadian health authorities.
(Filed 1/26/05; committee hearing 10/12/05*- status) | Imp | | MA
S 400,
S 427
Sen. Montigny,
Sen. Spilka | Would require the state to implement a program to offer an option to purchase for state employees, retirees, Mass Health recipients and Prescription Advantage and future bulk purchase programs to purchase Rx from licensed Canadian pharmacies. S. 427 would include “stringent licensing requirements.”
(Filed 1/26/05; committee hearing 10/12/05*- status) | Imp | | MA
Sen. Montigny
S 401 | Would require a state “wrap-around prescription drug program,” maintaining benefits equivalent to those offered by the state as of August 2004, for Prescription Advantage and Medicaid enrollees, holding them harmless under state implementation of the Medicare Part D program.
(Filed 1/26/05; committee hearing 10/12/05; amended and passed as S 2301, SEE BELOW) | | MMA | MA
S 402
Sen. Montigny | Would designate an assistant Attorney General to coordinate the activities of the office relating to prescription drug pricing and marketing practices within the state. Such activities shall include, but not be limited to, the investigation and prosecution of Medicaid fraud and other fraudulent drug pricing schemes disadvantaging the commonwealth or its citizens, including the filing of false or misleading reimbursement claims or price reports, the investigation and prosecution of unfair and deceptive acts or practices by pharmaceutical manufacturing companies or their agents, including misconduct in the marketing of prescription drugs to prescribers and the exploration of the relationship between the pharmaceutical industry and the public charities of the commonwealth. Would require doctors and hospitals to report gifts or anything of value given to them by a pharmaceutical company or representative.
(Filed 1/26/05; committee hearing 10/12/05*) | Mkt, Price, M | | MA
S 415
Sen. Moore | Would create a consumer guide to prescription drugs that provides advice and assistance to the public.
(Filed 1/26/05; committee hearing 10/12/05*- status) | CL | | MA
S 432
Sen. Tolman | Would establish consumer standards for prior authorizations of prescription drugs, including approval or denial within 24 hours; immediate emergency access via a prescription; allow physician decisions unless a therapeutically equivalent generic drug is available; public notice and hearing before any product is moved to prior authorization; create a Pharmacy and Therapeutics Advisory Committee to examine grievance procedures and outcomes.
(Filed 1/26/05; committee hearing 10/12/05*- status) | Brand, Generic, M, PDL | | MA
S 1252
Sen. Lees | Would relate to tax credits for prescription drugs.
(Filed 1/26/05; committee hearing 10/12/05*- | S, Tax | | MA
S 1268
Sen. Moore | Would relate to drug samples.
(Filed 1/26/05; committee hearing 10/12/05*) | Samples | | MA
S 1270
Sen. Moore | Would require certain health care professionals to file prescription ethics and responsibility confirmation statements.
(Filed 1/26/05; committee hearing 9/21/05*- | Mkt, Safety | MA
S 2011
Sen. Spilka | Non-binding resolution, would urge the United States Congress and the Department of Health and Human Services to recognize the problems caused by direct-to-consumer advertising of prescription drugs by pharmaceutical companies. Would also urge the study of effects of direct-to-consumer advertising of prescription drugs by pharmaceutical companies on the health care system, on the prescriber/patient relationship, on the quality of care received by patients, and on the costs of prescription medications. Would urge federal agencies to "aggressively monitor and regulate" direct-to-consumer advertising, pending Congressional action to limit, ban, or place increased restrictions on such advertising, including to require that advertisements: (1) remind consumers that prescribers and pharmacists are the best sources of information about appropriate medical treatment and drug therapy; (2) explicitly state the success and failure rates of drugs and compare them with other common products and "no treatment"; (3) mention alternate treatments by name and class; and (4) refer consumers to independent sources of drug information.
(Filed 1/26/05; pending in committee 10/05*) | Mkt | MA
S 2100
Sen Montigny | Amendment to FY06 budget, mandating that the executive branch "shall take all steps necessary" to implement the aggregate or multi-agency bulk purchasing plan enacted in 1999, with monthly progress reports required beginning August 2005.
(Filed 5/19/05; passed Senate 5/24/05; did not pass in conference committee 6/05) | Bulk | MA
S 2301
Chapter 175 of 2005
Sen. Montigny | Allows state to cover Medicare non-Part D out-patient prescriptions and cover excess copayment if payments are denied. Implemented 1/7/06.
(Filed 12/05; passed Senate and House; signed into law by governor as Chapter 175, 12/30/05) | MMA | MI
HB 4015
Rep. Kahn | Would authorize creation of a multistate prescription drug purchasing program.
(Filed 1/05; in committee 10/05) | Bulk | MI
HB 4405
Rep. Whitmer
SB 146
| Eliminates the current prohibition against mail-order pharmacies.
(Filed 1/05; (SB 146 filed 2/2/05; passed Senate 2/16/05) | HB 4405 passed House 105y-0n, 4/21/05; passed Senate 37y-0n, 5/12/05; signed into law by governor as Public Act 85, 7/19/05) |
| Mail | | MI
HB 4434
Rep. Salva, Rep. Hummel
SB 352
Sen. Hardiman | Allows a licensed pharmacy to perform "centralized prescription processing services," or to outsource those services to another licensed pharmacy, if certain conditions are satisfied. Would require that pharmacies share a common electronic file or have appropriate technology to allow access to sufficient information necessary or required to prepare a prescription drug order. Would require that each prescription drug dispensed under such a system would have to bear a label containing an identifiable code providing a complete audit trail of the preparation and dispensing of the drug and patient care activities.
(Filed 3/15/05; HB 4434 passed House 104y-0n, 4/21/05; passed Senate 37y-0n, 5/12/05; signed into law by governor as Public Act 72, 7/19/05) | | Mail | | MI
HB 4282,
HB 4496,
SB 85
Rep. Bieda, Sen. Hammerstrom | Would permit approved entities to return and re-dispense prescription drugs under controlled circumstances. HB 4496 specifies hospice residences; SB 85 eliminates penalty for regulated redistribution.
(Filed 2/15/05, 3/15/05; in committees 10/05) | Reuse | | MI
HB 4018,
HB 4529
Rep. Kahn,
Rep. Donigan | Would enact the Michigan prescription drug fair pricing act, establishing a discount prescription drug program for any resident who does not have prescription drug coverage under a public or private health care payment or benefits plan, is underinsured, or is a recipient of benefits under the state medicaid program (no age or income limits). The state would be authorized to adjust eligibility to coordinate with federal benefits. Discounts would derive from manufacturer negotiated rebates, starting at AWP -6 percent; pharmacies could be reimbursed for discounts and dispensing fees.
(Filed 3/22/05; in committee 10/05) | D, MMA, Price | | MI
HB 4037,
HB 4559
Rep. Condino,
Rep. Kahn | Would establish a toll-free hotline and a website to provide information to consumers regarding prescription drug programs, prices of the 25 most commonly prescribed medications and other information.
(Filed 3/24/05; passed House 107y-0n, 6/29/05, did not pass Senate in 2005; carried over to 2006 - status) | CL | MI
SB 267
HB 4831
Rep. Hummel
Sen. Cherry | The FY 2006 budget (§1628) requires the state to convene a committee to study psychotropic pharmacy administration under Medicare part D for individuals dually enrolled in Medicare and Medicaid, including evaluating the effectiveness of mental health consumer enrollment and medication access, with a final report due September 2006. Section 1629
requires the state to "utilize maximum allowable cost pricing for generic drugs that is based on wholesaler pricing to providers that is available from at least 2 wholesalers who deliver in the state of Michigan."
(Filed 3/2/05; passed Senate 6/14/05; passed House 6/28/05; conference committee report combined with HB 4813; enacted and signed into law by governor as Public Act 154 0f 2005, 10/5/05) | | MMA, M, Price, Study | | MN
HF 127
Rep. Abeler | Would establish a cancer drug repository program; requires rulemaking.
(Filed 1/10/05; favorable reports 3/9/05, 4/14/05; also see HF 1422 below) | Reuse | MN
HF 138 | Provides that retiree drug subsidies (RDS) paid to employers and unions that offer retiree prescription drug coverage in relation to the MMA Rx benefit will not be exempt from state taxation, although they are exempt from federal taxes.
(signed into law by governor, 6/05)
| MMA, Tax | | MN
HF 925,
SF 880
Rep. Gazelka
Sen. LeClair | Changes state regulation of Medicare-supplemental insurance coverage by deleting prescription drug coverage as of 12/31/05 to conform to MMA; also requires that stand-alone Medicare Part D prescription drug plans (PDPs) be subject to financial solvency regulation and obtain a state Certificate of Authority to operate.
(Filed 2/10/05; HF 925 passed House 131y-0n, 3/10/05; passed Senate 63y-0n, 3/22/05; signed into law by governor as Chapter 17, 3/31/05) | | MMA | MN
HF 1178 / SF 982
Rep. Thissen | Would require financial and information disclosure of prescription drug purchasing information and arrangements.
(Filed 2/21/05; did not pass by end of regular session 5/23/05*) | Mkt, Price | MN
HF 1422
Rep. Bradley
| Would: 1) authorize the state to administer eligibility determinations for the Medicare Part D prescription drug subsidy and facilitate the enrollment of eligible Medicaid recipients into Medicare prescription drug plans (See §256B.04); 2) clarify that Medicaid will not cover MMA-covered drugs, but may cover certain MMA non-covered products (§ 256B.0625);
3) require Hemophilia drugs to be obtained from a 340B approved health facility; 4) require Medicare enrollment for certain dual eligibles to be enrolled in Medicaid (§256L.07); 5) establish a cancer drug depository and authorized reuse program; 6) appropriate $4.7 million for Medicare Part D transition and implementation. (§144.707)
(Filed 2/28/05; passed House 4/29/05; passed Senate 5/4/05; did not pass in conference 5/12/05; also see HF 2448) | 340B, M, MMA, Reuse, S | | MN
HF 1589,
HF 2234,
SF 1909
Rep. Scalze,
Rep. Liebling | Would establish a prescription drug bulk purchasing program.
(Filed and sent to committee 3/7/05; did not pass by end of regular session 5/23/05*) | Bulk | | MN
HF 1696,
SF 2278
Rep. Sieben | Would establish a prescription drug discount program, based on state negotiated rebates from pharmaceutical manufacturers. Eligible residents would include those without prescription drug coverage, but no Medicare or Medicaid coverage, with no age or income limit; requiring an annual enrollment fee.
SF 2778 also would authorize the state "to administer eligibility determinations for the Medicare Part D prescription drug" subsidy and facilitate the enrollment of eligible Medicaid recipients into Medicare prescription drug plans.
(Filed and sent to committee 3/10/05; SF 2278 passed Senate 3rd Reading; did not pass by end of regular session 5/23/05*) | D, MMA | | MN
HF 1898,
SF 1999
Rep. Finstead, Sen. Solon | Would require a state certificate of authority for pharmacy benefits managers (PBMs). Would require PBMs to disclose to covered entities: (1) payments and benefits received from a drug manufacturer based on volume of sales or use of particular products; (2) all financial and utilization information relating to the provision of benefits to participants; and (3) the PBM must allow an audit the PBM's books. Would prohibit drug substitution based on profit for the PBM.
(Filed 3/17/05, did not pass by end of regular session 5/23/05*) | PBM, Mkt | | MN
HF 2117,
SF 1892
Sen. Day | Would establish participation in the I-Save Rx prescription drug program for importation from Canada, United Kingdom and Ireland.
(Filed 3/23/05; did not pass by end of regular session 5/23/05*) | Imp | | MN
HF 2123,
SF 1523
Sen. Berglin | Would require the state employee health insurance plan to purchase prescription drugs through one pharmacy benefits manager; authorizes local units of government to participate in the drug purchasing program.
(Filed 3/10/05; did not pass by end of regular session 5/23/05*) | Bulk | MN
HF 2448
Rep. Bradley | Requires the maximum state reimbursement for speciality outpatient drugs (include injectable and infusion therapies, biotechnology drugs, high-cost therapies, and therapies that require complex care) be the lower of the Medicare rate or the usual and customary price, with lower rates to be negotiated by the state. Also authorizes prior authorization for the fist 180 days after FDA approval of new pharmaceuticals.
(Filed 4/19/05; passed House 5/19/05; passed Senate 5/23/05; signed into law by governor as Chapter 155, 6/3/05) | Brand, M, S | | MN
SF 22
Sen. Solon | Would provide for prescription drug bulk purchasing for interagency and interstate purposes. Also would authorize state negotiation with state-approved Canadian or European pharmacies or wholesalers the prices to be charged to Minnesota residents who purchase their prescription drugs from Canada or Europe.
(Filed 1/6/05; favorable committee report 1/24/05; did not pass by end of regular session 5/23/05*) | Bulk, Imp | | MN
SF 23
Sen. Solon | Would modify wholesale drug distributor requirements.
(Filed 1/6/05; favorable committee report 1/24/05; ; did not pass by end of regular session 5/23/05*; see SF 2278) | Whole | MS
HB 78
Rep. Fleming | Would require that managed care plans cannot restrict providers from prescribing brand name drugs for patients.
(Filed 1/4/05; died in committee 2/1/05) | Brand, PDL | | MS
HB 271
Rep. Fleming | Would require Medicaid to cover all mental health drugs used for ADD and ADHD, including them on the preferred drug list without use of prior authorization.
(Filed 1/4/05; died in committee 2/1/05) | Brand, M, PDL | MS
HB 1104
Rep. Morris | Authorizes Medicaid eligibility for “individuals who are entitled to Medicare Part D and whose income does not exceed one hundred fifty percent (150%) of the poverty level.” Eligibility for payment of the Medicare Part D subsidy shall be determined by the state Medicaid Division.
The Medicaid Division may require that drugs not covered by Medicare Part D for a resident of a long-term care facility be provided by Medicaid, in true unit doses when available. Drugs prescribed for a resident of a psychiatric residential treatment facility must be provided in true unit doses when available.
Also would reinstate Medicaid eligibility for the poverty-level, aged and disabled (PLAD) group until January 1, 2006.
(Filed 1/17/05; passed House 2/1/05; passed Senate 2/10/05; signed into law by governor 3/31/05) | M, MMA | MS
HB 699,
HB 700
Rep. Evans | Would create the Prescription Drug Fair Pricing Act.
(Filed 1/17/05; died in committee 2/1/05) | D, Price | MS
HB1168
Rep. Franks | Would establish the Drug Retail Price Disclosure Act, requiring compilation of price lists by the MS Board of Pharmacy and availability to customers at all retails pharnacies.
(Filed 1/05; died in committee 2/1/05) | Price | | MS
SB 2669
Sen. Williamson | Would require Rx manufacturers to disclose gifts, fees, payments or other economic benefit over $25 provided to health care providers for promotional and marketing activities.
(Filed 1/17/05; died in committee 2/1/05) | Mkt | | MO
HB 56
Rep. Threlkeld | Exempts free or discount patient assistance programs established by pharmaceutical companies from state anti-kickback laws relating to referrals for health care services and allowing any "partial rebate of private health insurance copayments and coinsurance to patients with multiple sclerosis or other chronic, potentially disabling, or life-threatening conditions" for medications for which there are no generic equivalents.
(Filed 1/5/05; passed House 3/15/05; passed Senate 5/13/05; signed into law by governor 7/14/05) | Brand, CL | | MO
HB 59
Rep. Johnson | Would allow pharmacies located in Canada to be issued a license or permit by the Missouri State Board of Pharmacy. Canadian pharmacies applying for licensure in Missouri must maintain a valid license, permit, or registration to operate a pharmacy under the laws of the province in which the pharmacy is located. Canadian pharmacies that obtain a license or permit must comply with the MO Board's rules and regulations when dispensing medications to state residents..
(Filed 1/27/2005; did not pass by end of regular session 5/26/05) | | Imp | | MO
HB 60
Rep. Johnson | Would establish the Missouri Rx Card Program within the Department of Social Services, to provide Rx discounts to residents eligible for Medicare or any age with annual income up to 300 percent of federal poverty.
(Filed 1/5/05; did not pass by end of regular session 5/26/05) | | D, MMA | | MO
HB 108
Rep. Schaaf | Would provide that health insurance enrollees only need to pay the actual cost of a prescription when it is less than the pharmaceutical copayment amount.
(Filed 1/5/05; passed House 3/30/05; ; did not pass Senate by end of regular session 5/26/05) | | Copay, Price | | MO
HB 169,
SB 39,
SB 75
Rep. Meadows,
Sen. Bray,
Sen. Champion | Would “close the drug benefit coverage gap 'known as the donut hole'” created by the federal Medicare Act of 2003; the plan would provide gap coverage up to a total benefit of $2,138 for each eligible senior in the first year of the plan and thereafter, the amount shall be adjusted annually, subject to state appropriation Enrollees will be age 65 or older, with income not more than 150 percent of federal poverty. SB 75 provides for termination of Missouri Senior Rx once MMA is fully operational.
(Filed and sent to committee 1/6/05; did not pass by end of regular session 5/26/05;
SEE SB 539 below) | | MMA, S | | MO
HB 204,
HB 736
Rep. Salva,
Rep. Bringer | Would provide a mechanism for persons who become ineligible for Medicaid benefits on July 1, 2005, to be automatically enrolled in the Senior Rx Program. Allows recipients to receive a credit toward their deductible for expenses paid for prescription drugs purchased between July 1, 2005, and the date the department was notified of a person's ineligibility for Medicaid benefits; also allows individuals to opt out or decline to the initial enrollment fee. (Filed and sent to committees 1/11/05; did not pass by end of regular session 5/26/05) | | M, MMA, S | | MO
HB 393
Rep. Byrd | (Original bill) As part of tort reform, would change laws regarding claims and payments for damages placing a cap on punitive damages at $350,000. Include "manufacturer, wholesaler or licensed distributor of drugs or devices approved by the Food and Drug Administration" in the definition of "health care provider." Exemplary damages and damages for aggravating circumstances are included in the definition of "punitive damages".
(Deleted from final signed law:) any referernce to drug manufacturers or distributors.
(Filed 2/10/2005; passed House, 2/17/05; passed Senate without pharmaceutical section, 3/9/05; signed by governor, but pharmaceutical section did not pass, 3/29/05) | | Liability | | MO
HB 656
Rep. Wilson | Would extend the sunset date for the Senior Rx state subsidy program from December 2005 to June 30, 2006.
(Filed 2/28/05; did not pass by end of regular session 5/26/05) | | MMA, S | | MO
HB 859
Rep. Jetton | Would permit state residents to purchase or acquire prescription drugs from Canada if permitted under federal law.
(Filed 3/31/05; favorable report; did not pass by end of regular session 5/26/05) | | Imp | | MO
SB 143
Sen. Gross | Extends the pharmacy providers tax by one year, currently set to expire in 2005.
(Filed 1/5/05; did not pass by end of regular session 5/26/05) | | Tax | | MO
SB 158
Sen. Cauthorn | An Act relating to drug monitoring controlled substances dispensed by all licensed professionals.
(Filed 1/10/05; did not pass by end of regular session 5/26/05) | | Monitor | | MO
SB 271
Sen. Scott | Would modify provisions relating to tort reform, including manufacturers, wholesalers and distributors of FDA-approved drugs as health providers to be protected. Would create a cap on non-economic damages for all plaintiffs, lowered from current cap of $565,000 to $250,000. The cap applies to any person or entity that is a defendant in a lawsuit brought against a health care provider or that arises out of the rendering of health care services. Would provide that no health care provider is liable for actions of entity or person who is not an employee of such hospital or health care provider.
(Filed 2/3/2005; did not pass by end of regular session 5/26/05) | | Liability | | MO
SB 539
Sen. Purgason | Coordinates state pharmaceutical assistance with MMA. Establishes a newly defined "Missouri RX" subsidy plan for residents with income up to 150% of federal poverty. The Plan "may pay all or some of the deductibles, coinsurance, payments, premiums and copayments" required by Part D; the state may select one or more preferred PDP plans for purposes of the coordination of benefits between the program and the Medicare Part D drug benefit. Beginning 2006, disabled under 65 are added as eligible. Initial enrollment priority is given to the Medicaid-Medicare dual eligible population. The successive enrollment priority shall be Medicare eligible participants with annual income up to 150 percent of the federal poverty guidelines. The old Missouri Senior Rx plan will expire and be replaced by the new Rx Plan as soon as the MMA benefits are "fully implemented" in 2006.
(Passed Senate 3/17/05; passed House 4/7/05; signed into law by governor 4/26/05) | MMA, S | | MT
HB 254
Rep. Harris | Establishes a civil penalty for not writing legible prescriptions.
(Filed 1/27/05; passed House 1/27/05; passed Senate 4/12/05; signed into law by governor 4/28/05) | Label | | MT
HB 278
Rep. Eaton | Would provide a tax credit for prescription drug purchases.
(Filed 1/25/05; did not pass committee 4/4/05) | | S, Tax | | MT
HB 364
Rep. Maedje | Would facilitate mail order purchase of Canadian pharmaceuticals.
(Filed 1/20/05; defeated in House 47y-53n, 3/21/05) | | Imp | | MT
HB 532
Rep. Gallik | Would require full disclosure by pharmaceutical manufacturer of marketing costs, to be reported as a percentage of total revenue from instate sales.
(Filed 2/2/05; did not pass committee 4/4/05) | | Mkt | | MT
HB 563
Rep. Dowell | Would require full disclosure by pharmaceutical manufacturer of 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.
(Filed 2/2/05; did not pass committee 4/4/05) | | Mkt | | MT
HB 723
Rep. Branae | Would create a program for bulk purchase of prescription drugs for state programs or study methods for reducing amounts paid for prescription drugs
(Filed 2/15/05; did not pass committee 3/31/05) | | Bulk | | MT
SB 7
Sen. Esp | Would repeal the Prescription Drug Expansion Program, a state discount plan enacted in 2003 but not implemented.
(Filed 11/18/04; did not pass committee 3/1/05) | | D, MMA, S | | MT
SB 310
Sen. O'Neil | Would authorize purchase of prescription drugs from foreign countries by state Medicaid and the Corrections Department.
(Filed 1/05; tabled; did not pass committee 3/1/05) | | Imp | | MT
SB 324
Sen. Pres. Tester | Creates a new state pharmaceutical assistance program for Medicare enrollees up to 200 percent of federal poverty. The program will pay Part D premiums, and is authorized to pay deductibles, subject to available funds. A second component establishes an RX+ state discount program with eligibility including any uninsured resident regardless of age, with income up to 250 percent of federal poverty. Also authorizes negotiation for discount process and rebates among all state-funded programs using Rx including Medicaid and the SPAP; also establishes a prescription drug consumer information and technical assistance program.
(Filed 1/28/05; passed Senate 39y-10n, 3/7/05; passed House 92y-10n signed into law by governor 4/19/05) | | Bulk, CL, D, M, MMA, S | | MT
SB 380
Sen. Pres. Tester | Would regulate medical care discount cards and pharmacy discount cards, including requiring registration and corporate financial disclosure by sponsors.
(Filed 2/4/05; passed Senate 48y-2n, 2/22/05; passed House 98y-2n; signed into law by governor 4/28/05) | | D, PBM | | MT
LC 1686 | Would provide for preferred drug list for DPHHS pharmaceutical policies.
(Draft request 12/4/04; draft complete 1/18/05; died in process 4/21/05) | | M, PDL | | NE
LB 318
Sen. Johnson | Would adopt the Wholesale Licensure and Prescription Medication Integrity Act, including pedigree and safety requirements; would replace the Wholesale Drug Distributor Licensing Act.
(Filed and sent to committee1/18/05; did not pass by end of regular session 6/3/05*) | | Whole | NE
LB 331
Sen. McDonald | Establishes a registry of donors for the cancer drug repository program, allowing donation to patients requiring such drugs.
(Filed 1/11/05; passed legislature 3/22/05; signed into law by governor 3/28/05) | | Reuse | NE
LB 549
Sen. Jensen | Would require the state Health & Human Services department to develop and implement a response plan related to Medicare Part D prescription drug program.
(Filed 1/18/05; did not pass by end of regular session 6/3/05*) | | MMA | NE
LB 712
Sen. Thompson
| Would create the Healthy Nebraska Rx Card Program eligibility includes residents, eligible for Medicare with net family income up to 300 percent of federal poverty. Discounts would be based on negotiations with Rx manufacturers, to obtain supplemental rebates, and use of a preferred drug list. Would provide for possible use of prior authorization in Medicaid and state-only purchasing for products of manufacturers not discounted for the Rx Card Program.
(Filed 1/19/05; did not pass by end of regular session 6/3/05*) | | D, M, MMA, PDL | NV
AB 66
Assm Conklin | Would require annual reporting of any gifts and other economic benefits of $25 or more provided by wholesalers or manufacturers of drugs; would include civil fine up to $10,000 for violations.
(Filed 9/6/04; passed Assembly 26y-16n, did not pass Senate by deadline 5/28/05) | | Mkt | | NV
AB 195
Assm. Buckley | Would make changes concerning purchasing prescription drugs from Canadian pharmacies including establishment of a state web site and authorizing state licensing and regulation of pharmacies located outside Nevada, including in Canada. Would repeal the 2003 state law prohibition on foreign internet sales to Nevada.
Deleted from final: Senate approved version included a restriction requiring federal waiver or approval prior to creating a web site.
(Filed 3/10/05; passed Assembly, amended and passed Senate 5/28/05; conference report accepted 6/4/05; did not pass final by end of regular session 6/7/05; see SB 5 below) | Imp | | NV
AB 495
Comm.
| Requires the state to coordinate prescription drugs and pharmaceutical services provided by the state and those provided by Medicare, with a goal of maintaining present coverage "to the extent allowed by federal law," maximizing prescription drug coverage and use of federal funds, and minimizing disruptions in enrollment, eligibility and out-of-pocket expenses. The Dept. of Human Resources will adopt regulations to implement the coordination details. Also expands the state Rx subsidy to include persons with disabilities with annual incomes up to $21,500 (225 percent of FPL).
(Filed 3/28/05; passed Assembly, passed Senate 5/28/05; signed into law by governor as Chapter 393, 6/10/05) | | MMA, S | | NV
AB 524
Comm.
| Requires coordination between the Fund for a Healthy Nevada, pharmaceutical services provided by the state and those provided by Medicare; allows partial subsidy of benefits instead of full state subsidy for purchasing Rx insurance (as established in 2001).
(Filed 3/29/05; passed Assembly 5/27/05; passed Senate 6/1/05; signed into law by governor as Chapter 342, 6/10/05) | | MMA, S | | NV
AJR 6
Assm. Buckley | Would urge Congress to amend the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 to "provide affordable, easily understood coverage for prescription drug benefits."
(Filed 3/21/05; passed Assembly 42y-0n, did not pass Senate 5/26/05) | | MMA, S | | NV
AJR 14
Comm. | Non-binding resolution urges the Nevada Congressional Delegation to introduce and to support federal legislation mandating reporting of results of all clinical trials and collection and analysis of data by appropriate federal agencies.
(Filed 3/29/05; passed Assembly 42y-0n, passed Senate 21y0n, 5/16/05; enrolled and delivered to Secretary of State 5/23/05) | | Trials | NV
SB 5
(Special session)
Committee of the Whole | Authorizes the Board of Pharmacy to license pharmacies based in Canada, if they meet all state standards, pass inspections, and provide detailed records; also establishes a Nevada website to assist residents in obtaining information about Canadian pharmacy sources and costs, including direct links to those pharmacies that are granted a Nevada pharmacy license. Effective date: July 1, 2005.
(Filed 6/7/05 in special session; passed Senate and House; signed into law by governor 6/17/05)|
News article: Nevada To Approve Canadian Pharmacies To Sell Drugs to State Residents - 7/20/05. | Canadian drug plan placed on hold in Nevada 9/30/05
| Imp | | NV
SB 157
Sen. Wiener | Would require Director of Office for Consumer Health Assistance to establish and maintain Internet website and toll-free telephone number to provide certain information to information to the public that is provided voluntarily by pharmacies, including comparative prices of and locations where drugs that are most commonly sold in Nevada may be purchased.
(Filed and sent to committee 3/2/05; did not pass by deadline 4/16/05) | | CL | NV
SB 260
Sen. Cegavske | Would establish a step therapy and prior authorization program for prescription drug benefits under the Medicaid program.
(Filed 3/22/05; passed Assembly 21y-0n, did not pass by deadline 5/21/05) | | M | NH
HB 1-A
Rep. King | FY06-07 state budget: House language (§18) stated "no payments shall be made to the federal Medicare program" unless a court declares the "clawback" provisions are constitutional. Senate amendment would include language authorizing the state Medicaid program to set aside the so-called "clawback" payments to be made by the state to CMS, and establish conditions under which payments would be made.
(Passed House 5/05; amended and passed Senate 6/9/05; Medicare section moved to HB 2 and did not pass in HB 1 conference committee 6/29/05; non-Rx sections signed by governor as Chapter 176, 6/30/05; also SEE HB 2) | MMA | NH
HB 2
Rep. King
(§177:122) | FY 2006-07 budget (in §177:122) suspends payments by the state to the federal Medicare program, unless a court determines that provisions of Medicare Part D, popularly known as “the clawback” are constitutional. Requires that the affected funds, $13.5 million in FY06 and $30 million in FY07, be deposited in the revenue stabilization reserve account.
(Filed 3/23/05; passed House 4/20/05, passed senate 6/9/05, signed into law by governor as Chapter 177, 6/30/05)
NOTE: in 2006, SB 392 repealed this section; signed into law by governor as Chapter 2 of '0, 1/10/06) | MMA | NH
SB 211
Rep. DeJoie | Would clarify advertisements for prescription drugs. Would also require pharmaceutical manufacturers to disclose certain information on gifts to doctors to the secretary of state. (Filed 1/26/05; held in committee 2/22/05, 6/05) | Mkt | | NH
SB 16
Sen. Johnson | Would establish a pharmacy oversight committee in the department of health and human services to recommend changes to pharmacy regulation and administration.
(Filed 1/5/05; did not pass committee 2/10/05) | M, Study | | NH
SB 42
Sen. Burling | Would establish a pharmaceutical commission to study direct purchasing of prescription medication by the state.
(Filed 1/27/05; passed Senate 2/17/05; did not pass House committee 3/23/05) | Bulk | | NH
HB 114
Sen. Larsen
| Would establish the New Hampshire RX Plus Program for residents of any age with incomes of not more than 350 percent of the federal poverty level. Enrollees must be uninsured or “have reached the limits of their prescription medication insurance coverage.” Discounts would be based on state-negotiated manufacturer rebates and discounts, and pharmacy discounts, with features similar to Maine and Hawaii Rx+.
(Filed 1/26/05; passed Senate 3/24/05; passed House committee 17y-4n, 9/27/05) | D, MMA | | NH
SB 163
Sen. Clegg | Creates a new SPAP to coordinate prescription drug coverage with the benefit under Medicare. The program would only cover drug costs not covered by the Part D program and would be the payor of last resort. Eligibility would include individuals 65 years or older, or disabled and receiving social security benefits and enrolled in Medicare, and with income up to 150 percent of FPL. Effective date July 26, 2005.
(Filed 1/27/05; passed Senate 3/31/05; passed House 6/1/05; signed into law by governor as Chapter 294 of 2005, 7/26/05) - status | MMA, S | | NH
HB 703
Reo. Letourneau
| Would require pharmaceutical manufacturers to annually disclose the value, nature, and purpose of any gift, fee, payment, subsidy, or other economic benefit of $25 or more provided in connection with detailing, promotional, or other marketing activities.
(Filed 1/6/05; passed Senate 3/10/05; held in House committee 4/12/05; 6/05) | Mkt | | NJ
A 272
Assm. Kean
A 2628
Assm. Gusciora | Would increase eligibility for the current New Jersey Senior Gold subsidy programs.
(Filed 1/13/04; carried over to 2005 session & held in committee 9/05 - status) | S | | NJ
A 488
Assm. Coleman
S 364
Sen. Turner | Would establish the New Jersey Prescription Drug Cost Reduction Study Commission.
(Filed 1/13/04 carried over to 2005 session & held in committee 5/05) | Study | | NJ
A681
Assm. Smith | Allows person to deduct alimony payments to determine eligibility for PAAD and Senior Gold Prescription programs.
(Filed 1/13/04; carried over to 2005 session & held in committee 5/05) | S | | NJ
A 547
Assm. Myers,
A 702
Assm. Bodine,
A 741
Assm. Cohen | Would repeal law that provides that the distribution of premiums or rebates by pharmacists to persons under 62 years of age constitutes grossly unprofessional conduct. A 547 & A 741 would allow pharmacists to offer premiums or rebates to customers of any age. A 702 would reduce the age to under 60. A 743
(Filed 1/13/04; carried over to 2005 session & held in committee 5/05) | D, Price | | NJ
A 1157
Assm. Rooney | Requires prescription drug labels to bear brand name of prescribed drug as well as name of any generic drug substituted for brand name drug.
(Filed 1/13/04; carried over to 2005 session & held in committee 5/05) | Label | | NJ
A 1593
Assm. Burzichelli,
A 2315
Assm. VanDrew,
S 590
Sen. Sweeney | Would enact the "New Jersey Fair Market Drug Pricing Act" and establish the New Jersey Rx Card Program to reduce prescription drug prices. Would use voluntary negotiations with drug companies for supplemental rebates. Residents eligible would include Medicare enrollees and others with income up to 300 percent of federal poverty, who do not have other state or private pharmaceutical coverage.
(Filed 2/9/04; A 1593 amended, reported from committee 6/14/04; carried over to 2005 session & held in committee 10/05) | D, M, MMA | | NJ
A 1801
Rep. Roberts | Would requires pharmaceutical manufacturers to disclose gifts, fees and other economic benefits provided to health care providers for promotional and marketing purposes to DHSS.
(Filed 1/13/04; carried over to 2005 session & held in committee 10/05) | Mkt | | NJ
A 1890
Assm. Oliver | Would require Division of Taxation to display Senior Gold Prescription program information, including eligibility qualifications and benefits, on state tax return instructions.
(Filed 1/22/04; reported from committee 5/17/04; carried over to 2005 session & held in Assembly 10/05) | S | | NJ
A 2082
Assm. Munoz | Would change the copayment for PAAD when more than two Prescription drugs are purchased during any given month $5 for first two; $2 for subsequent).
(Filed 2/19/04; carried over to 2005 session & held in committee 10/05) | S | | NJ
A 2309
Assm. Conaway | Would provide a refundable income tax credit for certain prescription drug expenses that exceed 2 percent of gross income, with percentages allowed subject to a sliding scale, but no age limits.
(Filed 2/9/04; carried over to 2005 session & held in committee 10/05) | S, Tax | | NJ
A 2376
Assm. Gibson | Would establish the "Medicare Rx Savings Fund" and specify that savings to the state from the Medicare prescription drug benefit (including use of discount cards, and future federal coverage) may be applied to an increase in the income eligibility limits and changes in the copayment and cost sharing requirements for Senior Gold would be appropriate if shown to be sustainable.
(Filed 2/24/04; carried over to 2005 session & held in committee 10/05) | MMA, S | NJ
A 2377
Assm. Azzolina | Would establish a "Medicare Transitional Revenues Fund" with federal funds to be used for technical assistance, phone support and counseling for Medicare enrollees to facilitate selection and enrollment in State prescription drug programs, and "effective coordination of enrollment, coverage and payment" Medicare and the state.
(Filed 2/24/04; carried over to 2005 session & held in committee 10/05) | CL, MMA, S | | NJ
A 2439
Assm. Weinberg | Would prohibit writing of online prescriptions for persons who have not been examined by a licensed prescriber.
(Filed 2/24/04; carried over to 2005 session & held in committee 10/05) | Internet, Mail, Safety | | NJ
A 2549
Assm. Chiappone | Would require drug manufacturers to offer their drugs to purchasers on terms and conditions offered to most favored purchaser.
(Filed 3/15/04; carried over to 2005 session & held in committee 10/05) | D, Price | | NJ
A 2577
Assm. Cohen | Would increase income eligibility limits for PAAD program (from $16,600 to $27,000 for individuals) and Senior Gold Prescription Discount Program (to $37,000 for individuals.)
(Filed 2/24/04; carried over to 2005 session & held in committee 10/05) | S | | NJ
A 2607
Assm. Payne | Would require the Medicaid program to pay recipients' Medicare prescription drug copayments.
(Filed 3/15/04; favorable committee report 6/3/04; carried over to 2005 session & held in committee 10/05) | M, MMA | | NJ
A 2628
Assm. Gusciora
S 2156
Sen. Singer | Would increase income eligibility limits for PAAD program and Senior Gold Prescription Discount Program by $5,000 (to $35 k for individuals, $40k for couples).
(Filed 5/3/04; carried over to 2005 session & held in committees 10/05) | S | | NJ
A 2718
Assem. Chiappone | Would require that pharmacists provide additional prescription drug information, notifying consumers, when a generic drug product is dispensed, about the characteristics of that drug product, other than its active ingredient, which differ from the brand-name drug product for which it is being substituted and may be important in the therapy of a particular patient.
(Filed 5/6/04; carried over to 2005 session & held in committee 10/05) | Brand, Generic, Label | | NJ
A 3039
Assm. Manzo
| Would assess insurers and health maintenance organizations $8.1 million to defray cost of prescription drug benefits for certain Medicaid recipients.
(Filed 6/14/04; carried over to 2005 session & held in committee 10/05) | M, Tax | | NJ
A 3277
Assm. Conaway | Generally prohibits reuse of returned dispensed Prescription drugs.
(Filed 9/27/04; carried over to 2005 session & held in committee 10/05) | Reuse | | NJ
A 3289
Assm Scalera
S 1231
Sen. Sarlo | Would regulate Internet pharmacies and electronic prescriptions.
(Filed and sent to committee 2/24/04; A 3289 passed Assembly by 77y-0n, 12/13/04; carried over to Senate 2005 session and held 10/05) | Internet | NJ
A 3595
Assm. Dancer
S 1455
Sen. Bark | Would extend eligibility for the Pharmaceutical Assistance program (PAAD) to additional disabled persons.
(Filed 4/25/04; carried over to 2005 session & held in committee 10/05) | S | | NJ
A 3684
Assm. Chiappone
S 2251
Sen. Ciesla | Would create a New Jersey Clinical Trials Registry in Department of Health and Social Services.
(Filed 1/11/05 & 1/24/05; held in committee 10/05) | Trials | | NJ
A 3997
Assm. Diegnan | Would establish New Jersey Prescription Drug Retail Price Registry in Department of Health and Senior Services; requires pharmacies to compile drug retail price lists.
(Filed 5/2/05; held in committee 10/05) | Price | | NJ
AR 233
Assm. Gusciora | Non-binding resolution, memorializes the Centers for Medicare and Medicaid Services (CMS) to permit auto-enrollment into preferred prescription drug plan for Medicare Part D.
(Filed and sent to committee 1/10/05; passed Assembly 75y-0n; filed with Secretary of State 3/14/05) | MMA, S | | NJ
ACR 122
Assm. Thompson,
SCR 48
Sen. Singer | Would propose a constitutional amendment requiring federal funds received by State under Medicare prescription drug program be used to expand Pharmaceutical Assistance for the Aged and Disabled and Senior Gold Prescription Discount Program.
(Filed 1/22/04 & 2/5/04; carried over to 2005 session; SCR 48 withdrawn; did not pass 5/5/05) | MMA, S | | NJ
S 1803
Sen. Vitale
A 3704
Assm. Roberts | Would make a supplemental appropriation to the Department of Health and Senior Services for the AIDS Drug Distribution Program.
(Filed; passed Senate 12/04/04; Assembly committee report 6/9/05) | S | | NJ
S 1943
Sen. Bucco | Would require prescription drug label for brand name drug to include generic name of the drug dispensed.
(Filed 10/14/04; carried over to 2005 session & held in committee 10/05) | Brand, Generic, Label | | NJ
S 2416
Sen. Rice | Would require that separate contract must be awarded for pharmacy benefit management services in connection with SHBP drug benefits for state employees.
(Filed 3/14/05; held in committee 10/05) | PBM | | NJ
S 2433
Sen. Rice
A 2797
Assm. Conway | Would establish a Prescription Monitoring Program in Division of Consumer Affairs.
(Filed 3/21/05; held in committee 10/05) | Monitor | NJ
S2549
Sen. Singer | Would establish the "Pharmaceutical Assistance Savings for Senior Services Fund" and specifies use of savings to the state from Medicare Part D.
(Filed 5/27/05; in committee 10/05) | MMA, S | NJ
S 3000,
formerly A 4400
Sen. Bryant | FY 2005-06 budget (item 24-4275 et seq.) includes provisions to:
a) authorize a voluntary prescription drug mail-order program.
b) require that for Medicare eligibles the state PAAD benefit "shall only be available to cover the beneficiary cost share to in-network pharmacies and for deductible and coverage gap costs associated with enrollment in Medicare Part D for beneficiaries of the PAAD and Senior Gold programs, and for Medicare Part D premium costs for PAAD beneficiaries.
c) make the PAAD program the authorized representative for coordinating benefits with the Medicare Drug Program including "application for the premium and cost-sharing subsidies on behalf of eligible program beneficiaries; pursuit of appeals, grievances, or coverage determinations; facilitated enrollment in a prescription drug plan or MA-PD plan." If a PAAD beneficiary declines enrollment in any Part D plan, the beneficiary shall be barred from all benefits of the state PAAD Program.
d) require PAAD reimbursement for drugs based on the Average Wholesale Price - 12.5% discount and dispensing fee structure set of $3.73 to $4.07 fixed for FY 2006, and require pharmacies participating in PAAD to be authorized Medicare suppliers
e) allow that use of Medicaid prescription drug funds shall only be available for dual-eligibles "to cover co-payments and non-formulary drugs to pharmacies participating in the federal Medicare Part D program;" also requires Medicaid rebate agreements on such products.
(Filed 6/27/05; S 3000 passed Senate and Assembly 6/30/05 signed into law by governor as Chapter 132, 7/2/05) | M, MMA, S | | NM
HB 150
Rep. Wirth | Would regulate availability of prescription drug price information.
(Filed 1/19/05; favorable committee report; died by end of session 3/19/05) | | Price | | NM
HB 366
Rep. Picraux | Would make an appropriation to expand and fund brown bag assessments of individuals' prescription drug regimens.
(Filed 1/25/05; favorable committee report 2/9/05; did not pass by end of session 3/19/05) | | CL | | NM
HB 391
Rep. Trujillo
SB 23
Sen. Campos | Would require prescription drug purchase standard copayments, with no differences between retail or mail-order purchases.
(Filed 1/25/05; died by end of session 3/19/05) | | Copay, Price | | NM
HB 601
Rep. Heaton | Would allow importation of certain drugs.
(Filed 1/31/05; died by end of session 3/19/05) | | Imp | | NM
HB 622
Rep. Trujillo
SB 532
Sen. Feldman | Would establish the Pharmacy Benefits Manager (PBM) Regulation Act.
(Filed and sent to committee 1/31/05; did not pass by end of session) | | PBM | | NM
HB 697
Rep. Heaton
SB 488
Sen. Feldman | Would provide that a pharmacist may exchange a therapeutically alternate prescription drug in accordance with prior authorization granted by the prescribing practitioner.
(Filed 2/2/05;HB 697 passed House, 47y-18n ; passed Senate, 33y-0n; died/pocket vetoed by governor 4/8/05) | Generic | | NM
HB 763,
SB 689
Rep. Picraux,
Sen. Feldman | Establishes a voluntary discount card program for residents under age 65 (the state has another program for people over 65); the only requirement is age and residency and evidence of no other prescription drug coverage. The Departments of Human Services (HSD), Health (DOH), and Aging and Long-Term Care are required to collaborate to implement this new law.
[see fiscal note]
(HB 763 passed House 37y-35n; died by end of session 3/19/05);
(SB 689 passed Senate 14y-13n; passed House 34y-24n; signed into law by governor as chapter 160 4/5/05) | | D, MMA | NM
HJM 98
Rep. Trujillo | Non-binding resolution, requests creation of a task force to study the need for oversight and regulation of the PBM industry.
(Passed House 33y-0n; passed Senate 29y-8n; signed as passed resolution) | PBM | | NM
SB 11
Sen. Campos | Would expand pharmacy services in primary care clinics.
(Filed and sent to committee 1/18/05; did not pass by end of session 3/19/05) | | 340B | | NM
SB 552
Sen. Snyder | Prescription drug reimbursement tax credit: anyone who is sixty-five years of age or older may claim a tax credit up to 75% of the taxpayer's actual unreimbursed expenditures for prescription drugs purchased.
(Filed and sent to committee 1/31/05; did not pass by end of session 3/19/05) | | S, Tax | | NM
SB 588
Sen. Feldman | Would create an 11-member Pharmacy & Therapeutics Committee to conduct drug utilization review on a prospective, concurrent and retrospective basis, make recommendations on development of the preferred drug list for use by Medicaid and all other state prescription drug programs, and may contract with an evidence-based research program.
Filed and sent to committee 1/31/05; did not pass by end of session 3/19/05) | | D, M, PDL | | NM
SB 824
Sen. McSorley | Would create a prescription drug ethical marketing act, requiring Rx manufacturers to report "the value, nature and purpose of any gift fee, payment, subsidy or other economic benefit over $25 provided in connection with pharmaceutical marketing."
(Filed and sent to committee 2/9/05; did not pass by end of session 3/19/05) | | Mkt | | NM
SB 870
Sen. Grubesic | Would amend state Drug Act to require accurate retained records of drug storage and shipments; "pedigree" defined as the recorded history of a drug."
(Filed and sent to committee 2/22/05; did not pass by end of session 3/19/05) | | Counterfeit, Whole | | NM
SJM 8
Sen. Feldman | Would study the feasibility, legality and safety of importing prescription drugs from Canada and Mexico, to be completed by October 2005
(Filed and sent to committee 1/18/05; did not pass by end of session 3/19/05) | | Imp | | NM
SM 32
Sen. Feldman | Would establish pharmacy benefit management (PBM) company oversight.
(Filed and sent to committee 2/26/05; did not pass by end of session 3/19/05) | | PBM | | NY
A 84
Assm. Sanders | Would establish provisions whereby statutorily specified narrow therapeutic range drug products, to be listed by the Commissioner of Health, require refill or narrow therapeutic (NTI) drug to be the same drug product as originally dispensed; prohibiting dispensing of substitute refill drug for a narrow therapeutic drug without consent of practitioner.
(Filed 1/6/05; in committee 7/05*) | Brand, Generic | NY
A 554,
S 554E
| State health and mental hygene budget for FY06 includes $899,292,000 for the Elderly Pharmaceutical Insurance Coverage Program (EPIC), for operation through March 31, 2006. Authorizes Medicaid "clawback" payments notwithstanding any existing state law that might interefere with such payments.
(Filed 1/18/05; passed Assembly and Senate 3/31/05; signed into law by governor as Chapter 54, 4/12/05 ) | M, S | NY
A 1027
Assm. Brodsky | Would prohibit pharmaceutical manufacturers and distributors from deducting the costs of advertising drugs to consumers from their personal or corporate income taxes.
(Filed 1/18/05; in committee 7/05*) | PBM, Mkt | NY
A 1441
Assm. Stringer | Would require pharmacies participating in the Medicaid program to sell prescription drugs to Medicare recipients at Medicaid prices, plus a set amount, with features similar to the California Rx program.
(Filed 1/19/05; in committee 7/05*) | D | NY
A 1635,
S 114
Assm. John | Would direct the state office of General Services to study and report on procurement strategies and practices that may lower the cost of prescription drugs to the state, municipalities and state residents.
(Filed 1/9/05; in committee 6/05*) | D, Study | NY
A 922,
S 992
Budget Bill | FY05-06 budget bill would allow qualified individuals to receive assistance from the state’s pharmaceutical assistance program (EPIC) while receiving prescription drug benefits under Medicare Part D. EPIC would pay a portion of the costs of prescription drugs for which no payment or reimbursement is made by the Medicare Part D program. Would waive EPIC’s participant fee for individuals who are also enrolled in a Part D prescription drug plan, and would authorize assistance with applying for premium subsidy and enrollment in Medicare Advantage or PDPs. Also affects state use of a preferred drug list.
(Filed 1/21/05; S.992 passed Senate 3/15/05; substituted; see enacted S3668 below, 4/12/05) | MMA, S | NY
A 1970
Assm. Ortiz | Would establish the Medicaid prescription senior eligibility expansion program in
order to extend prescription drug coverage to qualified Medicare beneficiaries (QMBs)
and special low-income medicare beneficiaries (SLMBs).
(Filed 1/24/05; in committee 6/05) | M, MMA | NY
A 2769,
S 3695
Sen. Spano,
Assm. Brodsky | Would require manufacturers and labelers of prescription drugs which engage in marketing activities in the state to annually report marketing expenses to the Department of Health; imposes a $10,000 civil fine for failure to report.
(Filed 3/29/05; in committees 7/05*) | Mkt | NY
A 3056,
S 4538
Assm. Brodsky | Would subject manufacturers of prescription drugs or medical devices who engage in direct-to consumer-advertising to civil liability where adequate warnings are not provided; applies to drugs or devices requiring a health care provider's prescription for dispensing; provides that a jury shall consider, as a question of fact, whether or not the warnings were adequate.
(Filed 1/31/05; in committees 7/05*) | Liability, Mkt | | NY
A 4408,
S 1909
Assm. Heastie,
Sen. Robach | Would require manufacturers engaging in direct-to-consumer advertising of prescription drugs to clearly state the primary function of the prescription drug in such advertisement; defines prescription drug.
(Filed 2/10/05; in committees 7/05*) | Mkt | NY
AB 4415
Assm. Lavelle | Would require marketing costs for prescription drugs to be reported to the department of health for the purpose of assisting the state in its role as a purchaser of prescription drugs and an administrator of prescription drug programs; authorizes state and municipal agencies to unite as a single-source buying block in order to establish a stronger marketing position regarding the negotiation of prescription drug prices with pharmaceutical companies; allows certain private entities to participate in the buying block as well.
(Filed 2/10/05; in committee 7/05*) | Mkt | NY
AB 4763
Assm. Burling | Would require pharmaceutical drug manufacturers and wholesalers to annually report to the New York State Department of Health, for disclosure to the general public, all of its gifts to health care practitioners that prescribe drugs when such gifts have a value of $75 or more.
(Filed 2/14/05; in committee 7/05*) | Mkt | NY
A 5210
Assm. Englebright
S 2427
| Would direct the Department of Health to allocate and disburse $34 million received by the state as Transitional Assistance pursuant to the Medicare Modernization Act of 2003; would allow organizations to submit an application to the state for a grant of moneys.
(Filed 2/17/05; in committees 6/05) | MMA | | NY
A 5403,
S 1936
Assm. Gottfried
Sen. Golden | Requires retail pharmacies to post retail drug prices for the 150 most frequently prescribed products on websites allowing consumers to comparison shop by price. Also requires signs displayed in pharmacies describing the available posted price list.
(Filed 2/22/05; S 1936 passed Senate 6/22/05; passed Assembly 6/23/05; signed into law by governor as Chapter 293, 7/26/05)
News article: Drug Prices Still Vary Widely Across City, NY Times 10/5/06 | List; Price | NY
A 5404
Assm. Gottfrie | Would establish a pharmacy best practices plan to improve access to the most effective prescription drugs and reduce the cost of prescription drugs; establishes the pharmacy and therapeutics committee, the preferred
drug list program, the supplemental rebate program, and the prescription drug discount program.
(Filed 2/22/05; held in committee 11/05*) | M, PDL | NY
A 5574
S 696
Sen. Maziarz,
Assm. Grannis | Would require pharmaceutical manufacturers and wholesalers to annually report to the NY Dept. of Health, for disclosure to the general public, all of its gifts to health care practitioners that prescribe drugs when such gifts have a certain value.
(Filed 1/19/05; amended by committees 6/14/05, 6/17/05) | Mkt | | NY
A 5955
Assm. Benjamin | Would provide for assistance to potential Rx subsidy (EPIC) enrollees for prescreening, scope of coverage counseling, and application assistance.
(Filed 3/3/05; in committee 7/05*) | MMA, S | | NY
A 6030
Assm. Reilich | Would provide that in any product liability action, a manufacturer or seller of a drug or medical device shall not be subject to punitive damages if the drug or medical device that caused the plaintiffs harm was subject to pre-market approval or licensure by the Federal Food and Drug Administration (FDA).
(Filed 3/3/05; in committee 7/05*) | Liability | | NY
A 6321
Assm. Burling | Would provide for lowering co-payments for covered drugs for certain participants in the Elderly Pharmaceutical Insurance Coverage Program (EPIC).
(Filed 3/10/05; in committee 7/05*) | S | | NY
A 6336
Assm. Gottfried | Would provide for the establishment of a state pharmaceutical purchasing program with a pharmaceutical purchasing panel.
(Filed 3/10/05; in committee 7/05*) | Bulk | | NY
A 6673,
S 4773
Assm. Lafayette,
Sen. Marchi
| Would mandate that the cost of pharmaceutical patented or generic drugs be no more expensive than any other location where such drugs could be purchased; would direct the Commissioner of Health to establish a reasonable dispensing fee for dispensing a patented or generic pharmaceutical product to the public.
(Filed 3/18/05, 4/18/05; in committees 7/05*) | D, Price | | NY
A 6674,
S 4781
Assm. Lafayette,
Sen. Marchi | Would authorize an interstate compact on equitable pricing of pharmaceutical patented and generic drugs; makes it a felony to sell pharmaceutical patented or generic drugs in any signatory state “at a price which is greater than any price charged for such drug to any other person, firm corporation, state, government, department or agency in this country or any other place in the world.”
(Filed 3/18/05, 4/18/05; in committees 7/05*) | Bulk, D, Price | NY
A 6842,
S 992
S 3668
Rules Committee | FY2006 state budget bill includes provisions (Sec. 4-7) to coordinate the elderly pharmaceutical insurance coverage (EPIC) program with Medicare part D prescription drug coverage. Provides that Part D enrollees in 2006 will remain eligible for EPIC benefits; the state will pay the portion of the cost for qualified drugs for which no payment or reimbursement is made by the Medicare program or any federally funded prescription drug benefit, less the participant`s co-payment. The annual registration fee will be waived for Part D enrollees eligible for low-income subsidy. The EPIC program is authorized to represent state enrollees in obtaining Part D federal subsidies, including assistance with applications, voluntary enrollment in a state recommended plan or plans, and pursuit of appeals and grievances, and endorsement of PDPs "for the purposes of effective coordination of benefits."
For Medicaid, authorizes the creation of a preferred drug list, including requiring prior authorization of certain drugs in limited situations. Provides that any doctor or prescriber may specify and prescribe a non-preferred drug if they notify the state Department by telephone; such requests cannot be denied. Prescribers "... shall consult with the program to confirm that in his or her reasonable professional judgment, the patient's clinical condition is consistent wit the criteria for approval of the non-preferred drug... The prescriber's determination shall be final" Exempts mental health and HIV related drugs from prior authorization or preferred drug restrictions. Authorizes negotiation for manufacturer supplemental rebates. (§272)
Also authorizes six disease management demonstration projects.
(Filed 3/27/05; S3668 passed Assembly and Senate 3/31/05; signed into law by governor as Chapter 58, 4/12/05) | M, MMA, PDL, S | | NY
A 6870,
S 4637
Assm. Jacobs,
Sen. Sabini | Would require all pharmaceutical clinical trials and studies to be posted on website to provide public with full disclosure; provides definitions; includes requirements for collecting and monitoring the website for compliance; provides public service announcements; imposes $25k fine for violators.
(Filed 3/30/05, 4/18/05; amended, favorable report 6/7/05*) | Trials | | NY
A 6891
Assm. Rivera | Would establish the Pharmacy and Therapeutics Committee to review the establishment and use of preferred drug lists for the provision of prescription drugs to recipients of public medical assistance; requires prior authorization services to be located in this state, employ residents of the state and have 4 physicians available during all hours of operation.
(Filed 3/30/05; held in committee 11/05*) | M, PDL | NY
A 7298
Budget Bill | Implements the 340 B pharmacy savings program. Prohibits state Medical Assistance payments to 340B covered entities or to contracted pharmacies for drugs that are eligible for purchase through 340B by outpatients. (In §30-A)
(Filed, passed House, passed Senate 4/12/05; signed into law by governor 4/13/05) | 340B, - | NY
A 7693,
S 2809,
S 2971
Assm. Englebright
Sen. Golden | Would provide for cost of living and marriage penalty adjustments to eligibility standards for the program for elderly pharmaceutical insurance coverage (EPIC)
(A 7693 Filed 4/27/05; in committee 7/05; S 2809 Filed; motion to petition lost 4/19/05;
S 2971 Filed 3/3/05; favorable report 5/17/05; held in committee 9/05*) | S | | NY
A 7716,
S 154
Assm. Colton | Would require the use of uniform prescription drug information cards or technology for claims processing in a form approved by the national council for prescription drug programs and acceptable to the commissioner.
(Filed 1/7/05; held in committees 9/05*) | Card | NY
S 2258
Sen. Krueger | Would require the Commissioner of Pharmaceuticals to conduct a cost benefit analysis of pharmaceutical advertising and promotional activities associated with the provision of prescription drugs to citizens in the state.
(Filed 2/10/05; held in committee 9/05*) | Mkt | NY
S 2259
Sen. Krueger | Would establish regulation of pharmaceutical benefit management companies (PBMs).
(Filed 2/10/05; held in committee 9/05*)
| PBM | | NY
S 3081
| Would make disabled persons who are eligible for or receiving Social Security disability insurance benefits eligible for elderly pharmaceutical insurance coverage (EPIC).
(Filed 3/7/05; held in committee 9/05*) | S | | NC
SB 424
Sen. Boseman | Would establish a 15-member study commission to examine the feasibility of creating a state Office for Prescription Drug Cost Management, including "experiences of other states in attempting to control prescription drug costs through multistate compacts, bulk purchasing, or negotiated discounts."
(Filed and sent to committee 3/9/05*) | Bulk, Study | | NC
SB 581
Sen. Forrester | Would create a prescription management program to lower medical cost.
(Filed and sent to committee 3/16/05*) | - | NC
SB 622
Sen. Garrou
| The FY06 state budget (in §10.4.(b)) provides that the Senior Cares prescription drug access program expires December 31, 2005. For seniors who are eligible but not automatically enrolled in the Medicare program by the federal government, the Department of Health and Human Services may enroll "current and future participants in the Senior Cares prescription drug assistance program whose income is not more than 135 percent of the federal poverty level" are eligible for automatic enrollment, but must give the individual the opportunity to decline automatic enrollment. No State funds shall be used for the Medicare enrollment. Also clarifies (in §10.11.(b)) that the State shall pay 85% percent and the counties shall pay 15 percent of the federal Medicare Part D clawback payments under the Medicare Modernization Act in 2006.
(Filed 3/13/05; passed Senate 5/5/05; passed House 6/16/05; signed into law by governor as Session Law 2005-276, 8/13/05) | | MMA, S | | NC
SB 750
Sen. Rand | Would conform prescription drug copayments under the teachers' and state employees' comprehensive major medical plan to the Medicare Modernization Act, by specifying that non-Medicare enrollees continue to pay not more than $2,500 annually out-of-pocket, while Medicare enrolled members may be assessed up to $3,600.
(Filed 3/21/05; sent to committee 4/7/05*) | MMA, S | | NC
SB 1095
Sen. Boseman | Would establish a state lottery to provide funds for prescription drugs for seniors.
(Filed and sent to committee 3/24/05*) | S | | ND
HB 1332
Rep. N. Johnson | Establishes regulation of pharmacy benefit managers (PBMs), including requiring a certificate of authority, and disclosure and transparency provisions including state examination of contracts and contract options allowing pass-through of rebates and discounts.
(Filed 1/10/05; passed House 2/17/05; passed Senate 3/30/05; signed into law by governor 5/4/05) | PBM | | ND
HB 1465
Rep. Price | Provides that, as soon as MMA benefits are available in 2006, ND Medicaid will not pay for prescription drugs within a drug class covered by Part D, or a class in which Medicare does not pay for any of those drugs (with an exception for medically necessary Rx for dual-eligibles), or a drug for which federal matching funds are not available, except the state may pay for a drug in an emergency to ensure that dual eligibles continue to receive their drugs after Part D is implemented. This exception covers the period between January 1, 2006 and February 15, 2006; appropriates $300,000 for transitional activities.
(Filed 1/17/05; passed House 2/16/05; passed Senate 3/28/05; signed into law by governor 4/25/05) | M, MMA | | ND
SB 2054
Sen. Every | Relates to a sales and use tax exemption for nonprescription drugs and health products.
(Filed and sent to committee 1/7/05; died in Senate, 16y-31n, 2/7/05) | Tax, - | | ND
S.B. 2284 | Would provide that the medical assistance prior authorization program be replaced with a voluntary preferred drug list.
(Filed 1/17/05; died in Senate 0y-43n, 2/4/05) | M, PDL | | ND
SB 2316
Sen. Warner | Would provide for hospital and institution of higher education reporting of results of clinical trials of experimental treatments for serious or life- threatening diseases or conditions.
(Filed 1/17/05; failed to pass Senate 4y-39n, 1/28/05) | Trials | | OH
HB 66
Rep. Calvert
| State budget (in § 5111.98) authorizes Ohio Department of Job and Family Services to take actions as necessary to fulfill state duties under the Medicare Prescription Drug, Improvement and Modernization Act of 2003, including adopting regulations and making payments to CMS. Also (in § 5110.05) adds disability Medical Assistance category as eligible for Ohio Rx Best discount card. Also authorizes joining a multi-state bulk purchasing program for Medicaid drugs, and use of supplemental rebates and a maximum allowable cost (MAC) program for specified products.
(Filed 1/05; passed House 4/12/05; passed Senate 6/1/05; signed into law by governor 6/30/05) | Bulk, D, M, MMA | OH
HB 89
Rep. Blessing | Would require retail pharmacies to disclose prices to consumers, and publicly post a price list of the 100 most commonly prescribed products (compiled by the state Board of Pharmacy), with updates posted every two weeks.
(Filed 2/24/05; pending in committee 6/05) | List, Price | | OH
HB 112
Rep. Skindell | Would require manufacturers and labelers of drugs to disclose to the state the value, nature, and purpose of certain gifts, fees, payments, subsidies, and other economic benefits they provide in connection with pharmaceutical detailing, marketing, or promotion.
(Filed 3/2/05 and sent to committee 3/19/05) | Mkt | | OH
SB 14
Sen. Hagan | Would create the Drug Importation Program.
(Filed and sent to committee 1/26/05) | Imp | | OH
SB 80
(2004)
Sen. Stivers | Establishes that the manufacturer of the drug or device shall not be liable for punitive or exemplary damages in connection with a pharmaceutical product liability claim if the drug or device that allegedly caused the harm either meets FDA standards or is an over-the-counter product. Provides that " An ethical drug or ethical medical device is not defective in design or formulation because some aspect of it is unavoidably unsafe, if the manufacturer… provides adequate warning and instruction concerning that unavoidably unsafe aspect."
(Filed 5/1/03; passed Senate 6/11/03; passed House 12/18/04; signed into law by governor 1/6/2005) | Liability | | OK
HB 1016
Rep. Gilbert | Modifies the Utilization of Unused Prescription Medications Act, removing requirement for “a maximum handling fee not to exceed $10.00 per visit that pharmacies and charitable clinics may charge to drug recipients to cover restocking and dispensing costs.”
(Filed, favorable committee report 3/31/05; passed House 3/17/05; passed Senate 4/12/05; signed into law by governor as Chapter 73, 4/19/05) | Reuse | | OK
HB 1290
Rep. Cox | Would amend prior authorization process, making records of the Medicaid Drug Utilization Review Board subject to the Open Records Act; providing criteria, consumer safeguards and reports for certain Board decisions; requiring opportunity for oral presentation and "consideration of any information provided by any interested party including, but not limited to, physicians, pharmacists, drug manufacturers and distributors, and persons for whom the relevant drug is prescribed;" providing for 30 days’ public notice prior to any meeting on prior authorization of a specific drug.
(Filed 2/7/05; passed House 3/2/05; did not pass Senate by end of regular session 5/27/05*) | Brand, M | | OK
HB 1347
Rep. Terrill | Expands the Unused Prescription Medications program to include drugs from public intermediate care facilities for mental retardation (ICF/MR). Also establishes licensing, permits and reporting requirements for in-state and out-of-state wholesale distributors, warehouses and repackagers of pharmaceuticals, including criminal background checks, fingerprinting and bond requirements for manager employees. Recognizes the NABP Verified-Accredited Wholesale Distributors (VAWD) program. Also requires establishing a pedigree record file system to prevent counterfeit sales. Effective date 11/1/05.
(Filed 2/705; passed House 3/15/05; passed Senate 4/13/05; signed into law by governor as Chapter 285, 6/6/05) | Reuse, Whole | | OK
HB 1389
Rep. Morrissette | Would declare it unlawful to sell or offer for sale a prescription drug at a price that is in excess of the best price for that drug that has been reported to the Oklahoma Health Care Authority pursuant to the Oklahoma Drug Price Disclosure Act.
(Filed 2/7/05; did not pass by end of regular session 5/27/05*) | Price | | OK
HB 1433
Rep. Martin | Would specify that the Oklahoma Health Care Authority may not require prior authorization of a prescription medication when the words “dispense as written” appear on the face of the prescription. Additionally, the pharmacy shall not substitute another medication with the express written permission of the person that prescribed the prescription. Requires Oklahoma Health Care Authority to pay any pharmacy for a drug dispensed pursuant to a “dispense as written” order without first seeking prior authorization from any person and without telephone or other confirmation that the person prescribing does not wish to substitute another medication.
(Filed 2/7/05; did not pass by end of regular session 5/27/05*) | Brand, M | | OK
HB 1542,
SB 896 - original
Sen. Nichols
Rep. Peterson | Would create the Oklahoma Pharmaceutical Availability and Affordability Act; allowing for the state to enter into multistate agreements; creating an Oklahoma Pharmaceutical Cost Management Council, requiring reporting of certain costs by certain makers of prescription drugs; and allow exemptions for certain disclosures; also included a study of MMA impacts
(Filed 2/7/05; Rx affordability sections deleted & did not pass by end of regular session 5/27/05*)
(Also see substitute SB 896, below) | Bulk | | OK
HB 1594
Rep. McPeak | Would establish the Prescription Drug Access for Seniors Task Force, provide for appointments, provide for qualifications, provide for meetings and staffing, provide for reimbursement for travel, provide for purpose, require certain report, provide for codification, and declare an emergency.
(Filed 2/7/05; did not pass by end of regular session 5/27/05*) | CL | | OK
HB 1673,
Rep. Nations | Would create the Oklahoma Pharmaceutical Availability and Affordability Council, empowered to consider strategies to manage the increasing costs of prescription drugs and increase access to prescription drugs for all citizens; assess enactment of fair prescription drug pricing policies; explore discount prices or rebate programs for seniors and persons without prescription drug coverage; consider coordinated PDLs, generic drugs and other approaches; requires cooperation of all state agencies.
(Filed 2/7/05; did not pass by end of regular session 5/27/05*) | Bulk, Mkt, Study | | OK
HB 1812
Rep. Armes | Would modify the definition of “prescription” to include wholesalers or distributors in the definition of dispensers of prescription drugs.
(Filed 2/7/05; passed House 3/15/05; did not pass Senate by end of regular session 5/27/05*) | Whole | OK
HB 1853
Rep. Steele | Would create the "Rx for Oklahoma" Act, which would establish a statewide program to assist medically indigent residents to receive prescriptions from drug manufacturer assistance programs.
(Filed and referred to committee | | | OK
HB 2039
Rep. Reynolds | Would create the Pharmacy Act; and provide for noncodification.
(Filed 02/7/05; did not pass by end of regular session 5/27/05*) | CL | | OK
SB 544
Sen. Adelson | Would create the Oklahoma Drug Importation Act, would require the State Department of Health to establish a website and a hotline for specified purpose; require specified pharmacies to register certain information; require safety inspection; allow reliance upon certain inspection and safety standards.
(Filed 2/9/05; did not pass committee by end of regular session 5/27/05*) | Imp | OK
SB 547
Sen. Adelson | Establishes the new Oklahoma Prescription Drug Discount Program, to 1) contract with a PBM to determine mean testing eligibility for residents to join manufacturer programs;
2) link residents with Rx manufacturers’ free and discount programs;
3) negotiate voluntary discounts with manufacturers and use Medicaid reimbursement rates for pharmacies. Discounts will be provided as a 100 percent pass through to program enrollees, defined as uninsured residents and their families. Also authorizes an annual enrollment fee for those over 150 percent of FPL. Requires "preference" for an in-state contracted PBM; once selected the PBM must provide “full disclosure and transparency of financial relationships with manufacturers” for the program. Coordination of benefits with Medicare pharmaceutical benefits are not detailed in the law.
(Filed 1/05; passed Senate, passed House 5/24/05; signed into law by governor as Chapter 419, 6/6/05) | | CL, D, MMA | | OK
SB 614
Sen. Reynolds | Would clarify language and require placement of the symptom for which a drug is prescribed on the prescription label under specified conditions.
(Filed 3/10/05; passed Senate; passed House, did not pass conference committee 5/27/05*) | Lab | | OK
SB 640
Sen. Shurden | Creates the Prescription Drug Wholesale Distribution Act to set safety standards and prevent counterfeit sales, requiring licensing of specified wholesale distributor by the Board of Pharmacy; specifing required information for licensure and the qualifications for issuance or renewal of a wholesale distributor license.
(Filed 3/21/05; passed Senate, passed House 5/24/05; signed into law by governor 5/27/05) | | Whole | | OK
SB 690
Sen. Paddack | Would expand the function of the state pharmaceutical clearinghouse program (established in 2002)by requiring the state to "encourage public or private nonprofit agencies to provide services that improve information about and access to prescription drug assistance programs available through pharmaceutical manufacturers and the federal government" and by providing funding to Community Action Agencies that have or develop assistance services.
(Filed 2/7/05; passed Senate 3/15/05; passed House 4/22/05 enacting clause stricken, died in Senate 04/05/05) | CL | | OK
SB 861
Sen. Monson | Provides patient protections limiting restrictive decisions of the Medicaid Drug Utilization Review Board, by allowing use of prescription drugs for HIV and Hepititus C without prior authorization, unless an exact generic is available.
(Filed 3/17/05; passed Senate 41y-0n, 3/16/05; passed House 99y-0n, 4/22/05; signed into law by governor as Chapter 206, 5/20/05) | | Brand, M | | OK
SB 896 - final
Sen. Nichols | (Final version) Provides that the State Employee Group Insurance Board may contract with a pay-for-performance program provider, "to test a program’s value proposition that offers financial incentives to both the health care provider and the patient for incorporating evidence-based medicine guidelines and information therapy prescriptions in the rendering and utilizing of health care."
(Filed 3/17/05; substituted in entirety & passed Senate 32y-8n, 3/15/05; passed House 99y-0n, 4/27/05; signed into law by governor as Chapter 478, 6/9/05) | | - | | OK
SB 959
Sen. Monson | Would expand powers and duties of the Oklahoma Health Care Authority Board and modify method of appointment, terms and expand powers of Medicaid Drug Utilization Review Board members; specify time frame for and providing for review and discussion related to certain classification process; provide for additional administrative hearing before the Medicaid Drug Utilization Review Board.
(Filed 2/9/05; did not pass committee by end of regular session 5/27/05*) | M | | OK
SB 977
Sen. Adelson | Would create the Prescription Drug Reimportation Act; would provide for certification of Canadian suppliers of prescription drugs according to specified criteria; prohibit importation of drugs without certain certification; specify list of entities authorized to import certain drugs; provide exception; prohibit certain actions without a license and paying fees; provide for license application and reciprocity; provide for certain notification to specified consumer or patient; authorize certain procurement.
(Filed 3/08/05; amended and passed Senate 3/3/05; passed House 4/28/05; did not pass conference committee 5/27/05) | Imp | | OR
HB 2743
Rep. Flores | Would provide exemption from liability by stating “a civil action may not be brought against any person by reason of the sale or prescription of a drug” if the risk or side effect was fully disclosed by the manufacturer of the drug.
(Filed 3/3/05; did not pass committee by end of regular '05 session, 8/5/05*) | | Liability | | OR
HB 2817
Rep. Tomei
| Would require pharmaceutical manufacturing companies to disclose certain economic benefits provided in conjunction with marketing of prescription drugs, including imposition of civil penalty for failure to disclose.
(Filed 3/4/05; did not pass committee by end of regular '05 session, 8/5/05*) | | Mkt | | OR
HB 2786
Rep. Butler | Would require purchaser and practitioner prescribing medications to authorize substitution of generic drugs.
(Filed 3/4/05; did not pass committee by end of regular '05 session, 8/5/05*) | | Generic | OR
HB 2817
Rep. Tomei | Would require pharmaceutical manufacturing companies to disclose certain economic benefits provided in conjunction with marketing of prescription drugs, including imposition of civil penalty for failure to disclose.
(Filed; did not pass committee by end of regular '05 session, 8/5/05*) | | Mkt | | OR
HB 3027
Rep. Komp | Would permit all individuals who are residents of state and all public and private entities to participate in Oregon Prescription Drug Program, which includes state-negotiated rebates with prescription drug manufacturers and serves as an intermediary between the Oregon Prescription Drug Program and prescription drug manufacturers.
(Filed 3/10/05; did not pass committee by end of regular '05 session, 8/5/05*) | | D | | OR
HB 3070
Human Services Comm. | Would create State Pharmaceutical Assistance Program in Department of Human Services to provide financial assistance to certain persons eligible for Medicare Part D prescription drug coverage. Authorizes department to contract with prescription drug plan (PDP) to provide services under program.
(Filed 3/17/05; did not pass committee by end of regular '05 session, 8/5/05*) | | MMA, S | | OR
HJM 3
Rep. Krummel | Would urge Congress to enact legislation creating federal database accessible to physicians and patients that contains positive and negative results of all clinical drug trials.
(Filed 1/28/05; did not pass committee by end of regular '05 session, 8/5/05*) | | Trials | | OR
SB 88
Gov.
Kulongoski | Would authorize the Department of Human Services to modify prescription drug benefits for persons dually eligible for prescription drug benefits under the MMA and under the state medical assistance program, to allow coverage for non-covered drugs.
(Filed 1/10/05; did not pass committee by end of regular '05 session, 8/5/05*) | | D, M, MMA | | OR
SB 192
Gov.
Kulongoski | Would establish a category of international drug outlets delivering drugs in Oregon from other jurisdiction. Authorizes State Board of Pharmacy to adopt rules requiring registration and regulating international drug outlets located outside Oregon.
(Filed 1/10/05; did not pass committee by end of regular '05 session, 8/5/05*) | | Imp | | OR
SB 329
Sen. Morrissette
SB 505
Sen. Brown | Would expand list of individuals and entities, to include private sector employers and MEWAs, that may participate in the existing Oregon Prescription Drug Program which negotiates price discounts and rebates on prescription drugs with prescription drug manufacturers and purchase prescription drugs for program participants.
(Filed 1/18/05; SB 329 amended and passed Senate 19y-11n, 5/10/05; did not pass House by end of regular '05 session, 8/5/05*) | | D | | OR
SB 598
Sen. Bates | Would establish Pharmaceutical Patient Assistance Program to develop a statewide network of trained volunteers who assist patients in applying to pharmaceutical companies for free or discounted prescription drugs within the Office for Oregon Health Policy and Research; would appropriate moneys from General Fund, effective July 1, 2005.
(Filed and sent to committee 2/15/05; passed Senate 28y-0n, 4/20/05; did not pass House by end of regular '05 session, 8/5/05*) | | CL | | OR
SB 621
Human Services Comm. | Would direct Department of Human Services to establish biennial goals and strategies to increase prescribing of drugs listed under Practitioner-Managed Prescription Drug Plan; directs department to report to Oregon Health Policy Commission on goals and strategies and make recommendations, by 10/31/06.
(Filed 2/21/05; did not pass committee by end of regular '05 session, 8/5/05*) | | M, PDL, Price | | OR
SB 623
Sen. Morrissette | Repeals provision that had required legislative approval of rules adopted by Oregon Department of Administrative Services for Oregon Prescription Drug Program and use of preferred drug list.
(Filed 2/21/05; passed Senate 26y-0n, 3/22/05; passed House 6/8/05; signed into law by governor as Chapter 314, 6/28/05) | | D, M, PDL | | OR
SB 1004
Sen. Schrader | Would regulate wholesale transactions from manufacturer, wholesale drug outlet and pharmacy to create and maintain record of each sale, trade or transfer of prescription drug except to final consumer; requiring verifying prior sales and new requirements for registration and renewal of registration of wholesale drug outlets, to improve safety and prevent counterfeits.
(Filed 3/1/05; did not pass committee by end of regular '05 session, 8/5/05*) | | Whole | OR
SB 1088
Senate Rules Comm.
| Requires the Dept. of Human Services to adopt rules modifying payment for prescription drugs for a person who is eligible for both Medicare and Medicaid prescription drug benefits, including identifying products both available and not available or reimbursable under Medicare Part D in 2006. The statute does not specify further change in the state contribution or benefit. Also allows the state to calculate and include a "clawback" payment amount for an individual who may be subject to an estate recovery procedure by the state (in §3, amending ORS 115.125). Requires regular reports to the legislature on MMA implementation.
(Filed 6/22/05; passed Senate 7/13/05; passed House 7/27/05; signed into law by governor as Chapter 754, 8/17/05) | | MMA | | PA
HB 571
Rep. Lescovitz | Would provide additional information on drug labels, to include the Brand name and generic name.
(Filed 2/15/05; in committee 9/05) | Brand, Generic, Label | | PA
HB 613
Rep. Allen | Would regulate out-of-state pharmacies, manufacturers and wholesalers that advertise for sale or sell drugs via the Internet. Would include enforcement by the Attorney General, including penalties up to $10,000 for violations.
(Filed 2/15/05; in committee 9/05) | Internet | | PA
HB 714
Rep. Walko | Would regulate pharmacy benefit managers, including requiring a state certificate of authority and financial examinations by the state. Provides for powers and duties of the Insurance Department and for enforcement.
(Filed 2/24/05; in committee 9/05) | PBM | | PA
HB 715
Rep. Walko | Would establish the Pharmaceutical Cost Management Council, with powers to contract prescription drug purchasing agreements with all departments, agencies, authorities and programs of the State and Federal Government, including the PACE or PACENET Program, Corrections, the Workers' Compensation Fund, Regional or multistate purchasing alliances and other states. Would authorize exploration of contracts with large private purchasers, use of fair price regulations, counter-detailing, shared PDLs among public agencies, licensing of manufacturer detailers, and investigate Canadian purchasing. Requires disclosure of Rx marketing costs.
(Filed 2/24/05; in committee 9/05) | D, Imp, Price, Study | | PA
HB 730
Rep. Solobay | Would provide for regulated prescription drug return and redistribution in health care facilities and state correctional facilities, including a fee for pharmacists who handle transactions.
(Filed 2/24/05; in committee 9/05) | Reuse | | PA
HB 752
Rep. Mann | Would provide for the donation of unused prescription drugs.
(Filed 2/24/05; in committee 9/05) | Reuse | | PA
HB 879
Rep. Allen | Would extend coverage of Pharmaceutical Assistance Contract for the Elderly (PACE) to disabled individuals of any age.
(Filed 3/14/05; in committee 9/05) | S | | PA
HB 1052
Rep. S. Smith | Would provide for expanded regulation and coordination by the Commonwealth Pharmacy Program, including statewide cost containment programs using rebates, preferred drug programs and disease management. Also would require the state “not institute or adopt any new restrictions, drug formulary, preferred drug list or any other substitution process” for pharmaceuticals by a state pharmacy program before January 1, 2007, including any modifications to existing prior authorization procedures.
(Filed 3/21/05; in committees 9/05) | Brand, Generic, M, PDL, S | | PA
HB 1135
Rep. Goodman | Would exclude all veterans benefits from determination of income for eligibility for Pharmaceutical Assistance for the Elderly (PACE).
(Filed 3/22/05; tabled in committee 7/2/05) | S | | PA
HB 1177
Rep. Allen | Would define requirements for the content and format of a uniform prescription drug beneficiary identification card, including prohibitions relating to making it unlawful “for any person to sell, market, promote, advertise or otherwise distribute any discount cards, if discounts offered are misleading, deceptive or fraudulent, regardless of the literal wording used.”
(Filed 3/24/05; in committee 9/05) | Card, D, - | | PA
HB 1196
Rep. Bebko-Jones | Would exempt Lottery winnings from income eligibility for the PACE and PACENET programs.
(Filed 3/29/05; in committee 9/05) | S | | PA
HR 51
Rep. Walko | Non-binding resolution would memorialize the Governor to join the states of Illinois, Wisconsin, Missouri and Kansas in the I-SaveRx prescription drug importation program, which “will include necessary public health safeguards.”
(Filed 2/8/05; in committee 9/05) | Imp | | PA
HR 114
Rep. Walko | Concurrent Resolution would direct the state Health Care Cost Containment Council to conduct a study on the impact of prescription drug advertising and promotion on drug prices in Pennsylvania, including impacts on PACE.
(Filed 3/1/05; in committee 6/05) | Mkt, S | | PA
HR 115
Rep. Walko | Would direct the PA House of Representatives to join the National Legislative Association on Prescription Drug Prices.
(Filed 2/23/05; in committee 6/05) | D, Price | | PA
HR 116
Rep. Walko | Non-binding resolution, would request that the U.S. Congress address the coming prescription drug benefit problems facing Medicare beneficiaries including a contingency plan to insure that there is no gap in coverage for dual eligibles, and one-year continuation of access to current medication for dual-eligibles.
(Filed 2/23/05; in committee 6/05) | MMA | | PA
HR 118
Rep. Bebko-Jones | Non binding resolution would urge the U.S. Congress to further regulate clinical pharmaceutical trials by imposing stricter requirements for publishing the status of the trials in all stages as well as the final results.
(Filed 3/1/05; in committee 6/05) | Trials | PA
HR 477
Rep. Yudichak | Non-binding resolution, urging the U.S. Congress to permit state residents already enrolled in Pharmaceutical Assistance Contract for the Elderly (PACE) and PACE Needs Enhancement Tier (PACENET) to be automatically enrolled in the Medicare Part D prescription drug program.
(Filed and sent to committee 10/19/05)
Update: On 11/30/05 HHS and Pennsylvania announced an agreement which will allow PACE and PACENET to select up to 5 plans for aut0matic enrollment | MMA, S | | PA
SB 320
SB 321
Sen. Stack | Would provide for annual expense reports and for disclosure by pharmaceutical marketers. Imposes penalties up to $10,000 for violations.
(Filed 2/18/05; in committee 6/05) | Mkt | | PA
SB 460
Sen. Wonderling | Would establish the Cancer Drug Repository Program for accepting donated cancer drugs and dispensing cancer drugs.
(Filed 3/28/05; in committee 6/05) | Reuse | | PA
SR 43
Sen. Boscola | Would direct the Joint State Government Commission to study ways to decrease the cost of prescription drugs in the state, including analysis of Federal barriers to importation and feasibility of joining the I-SaveRx program and to complete a report by June 2006.
(Filed 3/28/05; in committee 6/05) | Imp, Study | | RI
HR 5018
Rep. Gemma | Requests the U. S. Congress to investigate subsidized funding for the production of flu vaccines.
(Filed and sent to committee 1/11/05; passed House; resolution signed 3/2/05) | | Vaccine | | RI
HB 5107
Rep. Sullivan | Creates the Utilization of Unused Prescriptions Medications Act which authorizes the Department of Health and the board of pharmacy to create a voluntary statewide pilot program allowing nursing homes, assisted living centers and prescription drug manufacturers to donate unused prescription medications to authorized participating pharmacies for distribution to medically indigent state residents.
(Filed 1/18/05; passed House 5/10/05; passed Senate 6/30/05; signed into law by governor 7/6/05) | Reuse | | RI
HB 5299
Rep. Ginaitt
SB 397
Sen. Goodwin | Would lower minimum age of social security disablity requirements from 55 to 21 to pay 100% of the cost of prescriptions.
(Filed 2/2/05 &2/10/05; held in committees at end of regular '05 session, 7/05*) | S | | RI
HB 5332
Rep. Sullivan
SB 522
Sen. Roberts | Would promote coordination of benefits between the elderly pharmaceutical assistance program and Medicare Part D prescription drug program. Would clarify that persons receiving a partial benefit from MMA may remain qualified for the state program; would authorize the state to pay premiums and deductibles, with no appropriations reduction for FY06. Would continue requiring enrollment in MMA transitional assistance if qualified in '05.
(Filed 2/9/05; SB 522 held in committee at end of regular '05 session, 7/05*) | MMA, S | | RI
HB 5408
Rep. Ucci | Would require pharmacies to list the current price, amount covered by insurance and the amount remaining on a consumers plan for the duration of term.
(Filed 2/9/05; held in committee at end of regular '05 session, 7/05*) | Price | | RI
HB 5561
Rep. McNamara | Would establish a drug repository program for unused prescription drugs.
(Filed 2/15/05; held in committee at end of regular '05 session, 7/05*) | Reuse | | RI
HB 5590
Rep. Giannini | Would establish a fund to assist uninsured and underinsured persons in paying for cancer treatment drugs.
(Filed 2/16/05; held in committee at end of regular '05 session, 7/05*) | S | | RI
HB 5788
Rep. Moura | Would amend the eligibility requirements for a person to qualify for the state's prescription drug discount program for the uninsured; to take effect on January 1, 2006
(Filed 2/15/05; held in committee at end of regular '05 session, 7/05*) | MMA, S | | RI
HB 5790
Rep. Crowley
SB 236
Sen. Perry | Would add drugs used in treating multiple sclerosis to the list of eligible drugs, provided that payments by the state for multiple sclerosis drugs shall not exceed $300,000 dollars in any fiscal year.
(Filed 2/17/05; held in committees at end of regular '05 session, 7/05*) | S | | RI
HB 5809
Rep. Anguilla
SB 560
Sen. Badeau | Would authorize and direct any state program that uses state funds to purchase pharmaceuticals from manufacturers and suppliers, which “shall include, but are not limited to, Canadian sources.”
(Filed 2/17/05; held in committee at end of regular '05 session, 7/05*) | D, Imp | | RI
HB 5921,
Rep. Davey
SB 309
Sen. Gibbs | Would extend the date for development of a prescription drug discount program from April 15 to June 1, 2005.
(Filed and sent to committees 3/1/05, 4/11/05; SB 309 passed Senate 4/26/05, held in House committee at end of regular '05 session, 7/05*) | D | | RI
HB 6141
Rep. Rice | Would require disclosure from manufacturers of prescription drugs regarding gifts given to persons authorized to prescribe and dispense prescription drugs. This act would take effect on July 1, 2005. Initial disclosure would be made on or before February 1, 2006 for the six (6) month period July 1, 2005 to December 31, 2005. (Filed 3/2/05; in committee 6/05; no further action before end of session*)| | Mkt | | RI
HB 6168
Rep. Long | Would expand the classification of drugs eligible under the Pharmaceutical Assistance to the Elderly Act.
(Filed 3/8/05; held in committee at end of regular '05 session, 7/05*) | S | | RI
SB 472
Sen. Levesque | Would provide that pharmacies provide a list of 20 prescribed health maintenance drugs in electronic format to the Department of Health with current selling prices. This list would be posted on Department of Health web site, accessible to the general public
(Filed 2/10/05; held in committee at end of regular '05 session, 7/05*) | List, Price | | RI
SB 473
Sen. Revens
| Would provide that there would be no restrictions, including prior authorization required, on medications used to treat mental illnesses, and there would be no preference for one medication over another or one class of medications over another.
(Filed 2/10/05; held in committee at end of regular '05 session, 7/05*) | Brand, M, PDL | | RI
SB 787
Sen. Paiva-Weed | Would expand eligibility for a person to qualify for the state's Prescription Drug Discount Program for the uninsured, by eliminating the annual income requirement of 200% of FPL and having no income limit.
(Filed 4/21/05; held in committee at end of regular '05 session, 7/05*) | D | | RI
SB 806
Sen. Sen. Paiva-Weed | Would create a "Pharmaceutical Prudent Purchasing and Accountability Act," directing five departments to make various state drug benefit programs more cost effective, including a coordinated preferred drug list for RIPAE and state employees, a coordinated pharmaceutical contracting system or multi-state Rx program on behalf of all individuals served or covered by state programs and expanded use of 340B discounted pricing.
(Filed 2/17/05; held in committee at end of regular '05 session, 7/05*) | 340B, Bulk, PDL, S | | SC
HB 3090
Rep. White | Provides civil lawsuit protection for physicians, optometrists, nurse practitioners and physician assistants who prescribe FDA approved drugs.
(Filed 1/11/05; did not pass committee by end of regular session 6/2/05*) | | Liability | | SC
HB 3091
Rep. White | Provides protection from civil lawsuits for medical providers and pharmaceutical companies when a plaintiff fills a prescription for a federal Food and Drug Administration approved drug outside of the United States and to provide an exception.
(Filed 1/11/05; did not pass committee by end of regular session 6/2/05*) | | Liability | | SC
HB 3168
Rep. Scarborough | Formulary restriction: Would provide that health insurance policies that include prescription drug benefits must cover medication that is not on the policy's approved medication list if the insured's physician certifies that the medication is necessary for the treatment of the insured's specific condition and that not other medication on the approved list is acceptable for treatment of the insured.
(Filed 1/11/05; did not pass committee by end of regular session 6/2/05*) | | Brand, Generic | | SC
HB 3221
Rep. Clemmons | Would require that the South Carolina Retirees and Individuals Pooling Together For Savings Act (SCRIPTS) and the SilveRxCard subsidy program must coordinate with Medicare part D to provide to low income senior residents assistance with the cost of prescription drugs; specifies that an enrollee is entitled to benefits when annual out- of-pocket drug expenses reach the point that standard Medicare part D benefits are no longer available.
(Filed and sent to committee 1/11/05; passed House 5/18/05; did not pass Senate by end of regular session 6/2/05*) | | Bulk, MMA, S | | SC
HB 3711
Rep. Cobb-Hunter | Would enact the Prescription Drug Discount Card Registration Act; providing for registration with the Department of Consumer Affairs of persons and representatives engaged in the sale, marketing, promotion, advertisement, or distribution of prescription drug discount cards or other purchasing devices.
(Filed 3/8/05; did not pass committee by end of regular session 6/2/05*) | | D, Card, Mkt | SC
HB 3716 -
Sec. 8-J02
House Ways & Means
| The FY 2005-06 budget creates (in Part 1B §8-J02, 8.37) a Gap Assistance Prescription Program for Seniors (GAPS) as of January 1, 2006, to replace the SILVERxCARD subsidy program of 2000-2005. The new program will "coordinate with Medicare Part D in providing assistance to low-income, Medicare-eligible South Carolinians with their prescription drugs cost under Medicare", providing subsidy coverage for annual expenses between $2250 and $5100, the gap not covered by Medicare.
(Filed 3/8/05; passed Assembly 3/16/05; passed Senate 4/26/05; signed into law by governor as Act 115, 6/16/05) | MMA, S | | SC
HB 3803
Rep. Edge | Would enact the South Carolina Prescription Monitoring Act authorizing the Bureau of Drug Control to establish a program to monitor the prescribing and dispensing of schedule II-V controlled substances and to provide the manner and procedures under which dispensers are to provide such information.
(Filed and sent to committee 3/29/05; passed House 5/13/05; did not pass Senate by end of regular session 6/2/05*) | | Monitor | | SC
SB 152
Sen. Elliott | Would require a pharmacist to charge not more than Medicaid prescription rates, plus a dispensing fee, when filling prescriptions for persons receiving Medicare benefits.
(Filed 1/11/05; did not pass by end of regular session 6/2/05*) | | D, MMA | | SC
SB 571
Sen. J. Smith | Would change the name of the Retirees and Individuals Pooling Together for Savings Act to the Pharmacy Assistance Act; providing for coordinating with Medicare part D to provide low income Medicare-eligible state residents assistance with the cost of prescription drugs; authorizing the state to modify program eligibility criteria and benefit levels if necessary.
(Filed 3/3/05; did not pass by end of regular session 6/2/05*) | | MMA, S | SC
SB828
| Would establish the Pharmacy Benefit Manager Licensure and Solvency Protection Act, requiring licensing, financial reporting and reimbursement policies.
(Filed 5/5/05; did not pass by end of regular session 6/2/05*) | | PBM | | SD
HB 1136
Rep. Hackl | Would regulate the use of radio frequency identification (RFID) tags as a safeguard against counterfeit and stolen pharmaceuticals during wholesale transactions.
(Filed 1/26/05; did not pass 1/31/05) | | Whole | | TN
HB 3
Rep. Shepard
SB 2
Sen. Jackson | Declares price gouging of vaccines and inoculations during medical emergencies an unfair or deceptive trade practice.
(Filed 1/11/05; SB 2 passed Senate 3/21/05; passed House 3/31/05; signed into law by governor as chapter 164, 5/17/05) | | Price, Vaccine | | TN
HB 81, HB 552
HB 684, HB 689,
HB 886, HB 899,
SB 115, SB 306, SB 328, SB 354, SB 713,
SB 781
Rep Matheny, Sen. Miller | Would prohibit clinical trials at state hospitals and higher education institutions unless the institutional review boards at those in-state hospitals and institutions make results public and the trials are registered at a Web site or similar process.
(Filed and sent to committees 1/26/05, 4/20/05; did not pass by end of regular session 5/28/05*) | Trials | | TN
HB 143
Rep. Turner
SB 839
Sen. Harper | Would enact the Tennessee Fair Market Drug Pricing Act, requiring the state to adopt an Rx Card program, as a state pharmaceutical assistance program under federal Social Security provisions, to provide discounts to participants for drugs covered by a rebate agreement. Any state resident lacking equivalent coverage would be eligible for the Rx Card program, with no age or income limits. Manufacturers “could voluntarily elect to negotiate supplemental rebates for Medicaid” and rebates for other state Rx programs, with features similar to Maine’s Rx +.
(Filed 1/31/05; did not pass by end of regular session 5/28/05*) | D, M, MMA, Price | | TN
HB 172
Rep. Turner
SB 841
Sen. Harper | Would require the governor and state insurance committee to request federal approval for importation of prescription drugs from Canada; including "protections to insure only quality prescription drugs" are imported.
(Filed 1/31/05; did not pass by end of regular session 5/28/05*) | Imp | | TN
HB 266
Rep. Stanley
SB 1176
Sen. Bryson | Would authorize TennCare Bureau to administer pharmacy element to increase rebates and to limit reimbursement for multi-source generics in certain circumstances; requiring enrollees to pay for certain Brand name products; requires maximum allowable cost (MAC) list and new Pharmacy & Therapeutics committee.
(Filed 2/1/05; SB 1176 passed Senate 28y-0n, 5/19/05; did not pass by end of regular session 5/28/05*) | Brand, Generic, M, Price | | TN
HB 801
Rep. Armstrong
SB 470
Sen. Turner | Would make clarifying changes to the requirement that prescriptions written by various health care practitioners drug must be legibly handwritten or typed or computer generated so that it is comprehensible by the pharmacist. (Filed 2/3/05; SB 470 passed Senate 3/2/05; passed House 3/14/05; signed into law by governor as Chapter 12, 4/4/05) | | Label | | TN
HB 1093,
Rep. McMillan
SB 1111
Sen. Crutchfield | Would require the commissioner of Commerce and Insurance to conduct a study of the effects of prescription drug advertising in Tennessee and to report to the general assembly by January 15, 2006.
(Filed 2/3/05; HB 1093 did not pass committee; deferred to 2006, 5/3/05*)
(SB 1111 Filed 2/3/05; ; did not pass by end of regular session 5/28/05*) | Mkt | TN
HB 1096,
Rep. McMillan
SB 1112
Sen. Crutchfield | Would authorize the governor to seek federal waivers to allow importation of prescription drugs from Canada for the TennCare program; authorizes the Commissioner of Finance and Administration to seek agreements to import such drugs from Canada without federal approval if it may be done lawfully.
(Filed 2/3/05; did not pass by end of regular session 5/28/05*) | Imp, M | | TN
HB 1312
Rep. DeBerry
SB 1668
Sen. Cohen | Would prohibit TennCare from restricting access to prescription medicine for treatment of mental illness, diabetes, cancer, or HIV/AIDS and related disorders for Medicaid recipients.
(Filed 2/8/05; did not pass by end of regular session 5/28/05*) | Brand, M, PDL | | TN
HB 1409
Rep. Bowers
SB 1441
Sen. Jackson | Would establish a discount drug program to provide eligible residents (uninsured with annual income up to 200 percent of FPL) with access to prescription drugs from participating brand pharmaceutical companies through either a state-sponsored discount card program or a program that extends current brand manufacturers’ assistance plans. Would also create the state prescription drug clearinghouse program, requiring brand pharmaceutical manufacturers to assist state residents who are low income or uninsured to gain access to prescription medications through existing public and private programs, including discount and coverage. Titled the Tennessee Pharmaceutical Availability and Affordability Act.
(Filed 2/17/05; did not pass by end of regular session 5/28/05*) | CL, D, MMA | | TN
HB 1410
Rep. Shepard
SB 1360
Sen. Henry | Enacts the Tennessee Affordable Drug Act of 2005; requires a subscriber to allow for substitution with a generic equivalent under all circumstances unless the prescriber documents medical necessity of a brand name drug. Absent medical necessity a pharmacist “would be required to dispense the least expensive therapeutic equivalent in stock.” Estimated a savings in state expenditures of $11.5 million in TennCare, with generic use to increase from 86 oercen to 95 percent; pluas $3 million in other state health programs. [Fiscal Note]
(Filed 2/9/05; HB 1410 passed House 93y-0n, 5/24/05; passed Senate 29y-0n, 5/26/05; signed into law by governor as Chapter 434, 6/6/05 | Generic, M | | TN
HB 1594
Rep. Fitzhugh
SB 590
Sen. Kyle
| Would direct the Comptroller of the Treasury to report annually to the select oversight committee on TennCare concerning the implementation of the elements of the prescription drug program waiver and preferred drug list.
(Filed and sent to committees 2/11/05; did not pass by end of regular session 5/28/05*) | M, PDL, S, Study | | TN
HB 1870
Rep. McMillan
SB 1989
Sen. Jackson | Would require the state to enter into discussions with the member states of I-SaveRx, with companies that import Canadian and other international prescription drugs, or with other appropriate parties, to establish by January 1, 2006, a contract allowing all state residents to purchase prescription drugs through the I-SaveRx program or other similar program or a new Tennessee international prescription drug cost savings program for residents. Would not apply to Medicare or Medicaid/TennCare.
(Filed 2/16/05; HB 1870 did not pass committee; carryover to 2006;
SB1989 passed Senate 25y-1n, 5/25/05; did not pass by end of regular session 5/28/05*) | Imp, Price | TN
HB 2021
Rep. Odom
SB 2134
Sen. Crutchfield | Would establish a prescription drug program to assist residents in obtaining lawfully purchased prescription drugs, including a website and hotline, to be administered by a Canadian pharmacy benefit manager.
(Filed 2/17/05; did not pass by end of regular session 5/28/05*) | Imp | | TN
HB 2102
Rep. Shepard
SB 2140
Sen. Herron | Would require (rather than authorize) TennCare to implement generic drug and therapeutically equivalent drug substitutions and to negotiate manufacturer rebates for prescription drug purchases
(Filed and sent to committees 2/17/05; did not pass by end of regular session 5/28/05*) | Generic, M | | TN
HB 2210
Rep. Buck
SB 1562
Sen. Jackson | For TennCare, would add evidence-based medicine to initiatives for which the bureau may require enrollees to secure needed drugs, equipment, and supplies in a cost-effective manner.
(Filed 2/17/05; SB 1562 withdrawn;HB 2210 did not pass by end of regular session 5/28/05*) | Generic, M, PDL | | TN
HB 2290,
Rep. McMillan,
SB 2309
Sen. Kyle
| Would require TennCare bureau to create state funded pharmaceutical assistance program to provide pharmaceutical benefits to qualified elderly and disabled Tennessee residents (income up to 150 percent of federal poverty) and facilitate the coordination of benefits between SPAP and the Medicare part D drug benefit program. The SPAP would designate or select one or more prescription drug plans approved by CMS, and may autoenroll members into a preferred prescription drug plan (PDP) without any action on the part of the enrollee if such enrollees are informed of opt out choices. The SPAP may pay all or some of the payments required under the MMA.
(Filed 2/17/05; SB 2309 favorable committee report 5/4/05; did not pass by end of regular session 5/28/05*) | MMA, S | | TX
HB173
Rep. Hochberg
SB 518
Sen. Ellis | Would authorize the licensing and regulation of Canadian pharmacies by the state of Texas for the dispensing of prescription drugs; includes authorization of a website with ordering information and state inspection of Canadian-based licensed pharmacies; also requires public price lists by such Canadian pharmacies.
(Filed 1/31/05, 2/15/05; did not pass committees 4/20/05) | | Imp | | TX
HB 836
Rep. Gattis | Would require pharmacists to inform patients of the availability of lower-price generic substitutes, whenever the generic would cost less than the copayment on a higher-priced brand product. Effective date 9/1/05
(Filed 2/10/05; passed House 4/14/05; passed Senate 5/10/05; signed into law by governor 6/18/05) | Generic, Price | | TX
HB 1282
Rep. Isett | Would require health insurers to make available for at least 90 days any drug newly restricted by plan formulary.
(Filed 2/17/05; did not pass committee by deadline 5/9/05) | | Brand | | TX
HB 1336,
Rep. Allen
SB 749
Sen. Van de Putte | Would regulate pharmacy benefit managers, including requiring a state license and certificate of authority, examination of financial statements; standard contract forms, standard ID cards issued to all individuals and use of “nationally recognized benchmarks” for reimbursement prices; including administrative and criminal penalties for violations.
(Filed 2/18/05; did not pass committee by deadline 3/2/05, 5/9/05) | | PBM | | TX
HB 2043
Rep. Miller
SB 1581 - text
Sen. Zaffirini, | Would establish a state pharmacy assistance program to provide discounts to eligible residents, including those eligible for state primary and indigent care services, with other categories of elderly and low income or financially vulnerable authorized to be added. Discounts would be based on pass-though of voluntary manufacturer-negotiated discounted acquisition prices, plus a dispensing fee and administrative costs. The program would be designed to be exempt from federal Medicaid "best price." Implementation would require a commission to determine "that adequate voluntary discounts negotiated" under this act are available; if the program is not "fully implemented" the state may adopt preferred drug lists and prior authorization .
(Filed 3/14/05; HB2043 did not pass committee by deadline 5/9/05)
SB 1581 Filed 3/22/05; passed Senate 5/5/05; did not pass House by end of session 5/22/05) | | D, MMA, PDL | | TX
HB 2145
Rep. Hupp | Would make it illegal for any pharmacy, pharmacist or PBM to change a drug dispensed without the approval of the prescribing health care practitioner, for any state-coordinated public employee benefit program, but would allow generic substitution.
Senate amendments added: PBM audit language included in SB 1845; Amendment 2 by Van de Putte codified some of the lawsuit settlement language between Medco and the Texas Attorney General to make it apply to PBM contracts (involves drug-switching practices)
(Filed 3/14/05; passed House 5/9/05; passed Senate 31y-0n, 5/25/05; final conference report did not pass by end of regular session 5/28/05 - status) | Brand, Generic, PBM | | TX
HB 2148,
SB 1845
Rep. Hupp,
Sen. Deuell | Would regulate audit practices of pharmacy benefit plans (PBMs), including prohibiting financial recovery before final audit results, to protect pharmacies from "unfair financial burden".
(Filed 3/14/05 & 4/6/05; did not pass committees by end of session 5/30/05) | | PBM | | TX
HB 2570
Rep. Eiland
SB 1324
Sen. Armbrister | Would regulate the delivery of prescription drugs by mail order.
(Filed 3/16/05; did not pass committee by deadline 5/9/05) | | Mail | | TX
HB 2674
Rep. Hupp
SB 1520
Sen. Deuell | Would specify Rx benefits provided by the state or teachers retirement system, including use of a formulary, prior authorization and a P&T Committee to evaluate the availability of specific products.
(Filed 3/22/05; did not pass committee by deadline 5/9/05) | | Brand, Generic | | TX
HB 3060
Rep. Turner
HB 3391,
SB 130
Rep. Miller,
Sen. Nelson | Would require an expanded study and report on prescription drugs under the Medicaid vendor drug program and other state health and human services programs, to include the impact of MMA on the state preferred drug list and prior authorization after dual-eligible benficiaries are withdrawn from Medicaid.
(Filed 3/17/05; did not pass committee by deadline 5/9/05) | | M, MMA | | TX
HB 3174,
HB 3239,
SB 1685
Sen. Janek | Would require licensing and regulation of wholesale drug distributors, including penalties.
(HB 3174 filed; postponed by committee 6/1/05, HB 3239 Filed and sent to committee 3/21/05)
(SB1685 filed 3/11/05; passed Senate 5/12/05; did not pass House by end of session deadline 5/24/05) | | Whole | | TX
HB 3326
Rep. Uresti | Would establish a prescription drug consumer information and technical assistance program by the Department of State Health Services.
(Filed 3/22/05; did not pass committee 4/20/05) | CL | | TX
HB 3427
Rep. Guillen | Would authorize importing prescription drugs for use in state-funded programs that provide health care services or benefits.
(Filed 3/23/05; did not pass committee 3/23/05) | Imp | TX
SB 1
Budget | Budget appropriation of $444 million would fund the Texas "clawback" or phased down state contribution owed by state Medicaid to federal Medicare ($154 million in FY2006 and $290 million in FY2007). The legislative passed item was vetoed by Governor Perry, having a potential or indirect effect on state payment. The first clawback payment is due to the federal government in spring 2006. [see pages II-67, 68]
(Filed 1/14/05; passed Senate 3/23/05; passed House 4/7/05; sent to governor 6/8/05; line-item veto by governor deleted clawback funds; budget signed into law by governor, 6/18/05) | M, MMA | TX
SB 410
Sen. Whitmere
| Authorizes creation of a state-run Web site to help Texans buy prescription drugs from Canada, including listing approved Canadian prescription drug distributors. The pharmacy board would be required to inspect up to 10 Canadian pharmacies and assure they meet U.S. Food and Drug Administration, state and Canadian standards as well as safe-shipping codes.
(Filed 2/14/05; passed Senate 5/5/05; passed House 5/23/05; signed into law by governor 6/18/05) | Imp | | TX
SB 601
Sen. Van de Putte | Would require the state Employees Retirement System to “conduct a detailed study to determine whether importing prescription drugs from a foreign country for use in the state employees group benefits program would be safe, feasible, and cost-effective”, also would authorize an intrastate bulk purchasing; study would be due 9/1/05.
(Filed 2/18/05; passed Senate 4/28/05; did not pass House committee 5/30/05) | | Bulk, Imp | | TX
SB 655
Sen. Van de Putte | Would require the establishment of a Prescription Drug Consumer Information and technical assistance program by the state to advise seniors on government and private prescription drug programs and discounts, including opportunities for pharmacist “brown bag” consultation and evaluation of existing prescriptions. Any fees would be set by rules.
(Filed 2/22/05; did not pass committee by end of regular session 5/30/05) | | CL | | TX
SB 1024
Sen. Duell | Would prohibit changes in certain prescription drug orders without the approval of the prescribing health care practitioner.
(Filed 3/14/05; did not pass committee by end of regular session 5/30/05) | | Brand | | TX
SB 1168
Sen. Armbrister | Would delete requirement for supplemental rebates for generic prescription drugs provided under state health and human services programs.
(Filed 3/21/05; did not pass committee by end of regular session 5/30/05) | | M, D | | TX
SB 1212
Sen. West | Would relate to prescription drugs under the Medicaid vendor drug program and other state health and human services programs.
(Filed 3/21/05; did not pass committee by end of regular session 5/30/05) | | M | | TX
SB 1476
Sen. Guillen | Would regulate dispensing brand name and generic prescriptions.
(Filed 3/21/05; did not pass committee by end of regular session 5/30/05) | | Brand, Generic | | TX
SB 1536
Sen. Armbrister | For prescription drug benefits under health insurance plans, would require that plans include a retail phamacy option if they offer a mail order Rx program.
(Filed 3/22/05; did not pass committee by end of session 5/30/05) | | Mail | | TX
SCR 2
Sen. Staples | Non-binding resolution requesting Congress to enact legislation to provide for federal deployment of the Strategic National Stockpile within Mexico to protect U.S. border states; using repositories of pharmaceuticals and medical supplies in case of a bioterrorism attack in Mexico near the U.S. border. [analysis]
(Filed 2/2/05; passed Senate 3/31/05; passed House 5/20/05; signed into law by governor 6/18/05) | Emerg,- | | UT
HB 33
Rep. Litvack | Creates a five-year pilot program within the Comprehensive Health Insurance Pool Act for disease and pharmaceutical management of bleeding disorders; permits enrollees in the pilot program to participate in a federal 340B discounted drug pricing program; requires the Pool to report pharmaceutical costs under the pilot program.
(Filed 12/13/04; passed House and Senate; signed into law by governor as Chapter 274, 3/21/05) | 340B, D | | UT
HB.354
Rep. Last | Would increase the regulation of pharmaceutical wholesalers and distributors.
(Filed and sent to committee 1/28/05; did not pass House 3/2/05) | Whole | | VT
H 29
Rep.
Obuchowski | Would create a program to regulate the price of prescription drugs sold in Vermont; to require the state, municipalities, and school boards to purchase drugs covered by a health benefit plan from Canadian sources; and to direct the retirement boards to divest the respective retirement funds of the state employees’, teachers’, and municipal employees’ retirement systems of all interests in pharmaceutical companies.
(Filed 1/13/05; did not pass by end of regular session 6/4/05*) | D, Imp, Price | | VT
H 45
Rep. Koch
S 90
Sen. Sears | Would establish a prescription drug monitoring program detect and prevent substance abuse, and support the legitimate medical use of controlled substances.
(Filed 1/14/05. 2/10/05; did not pass by end of regular session 6/4/05*) | Monitor | | VT
H 225
Rep. Fisher
S 93
Sen. Sears | Would prohibit the advertising of prescription drugs on broadcast media.
(Filed 2/10/05; did not pass by end of regular session 6/4/05*) | Mkt | | VT
H 268
Rep. Ancel | Would allow the Drug Utilization Review (DUR) board to go into executive session for the purpose of discussing proprietary pharmaceutical pricing information.
(Filed 2/15/05; did not pass by end of regular session 6/4/05*) | M, Price | | VT
H 415
Rep. Nuovo | Would establish minimum standards for the approval of clinical trials within Vermont; includes a requirement that drug manufacturers publicly disclose the results of clinical trials on a federal public website.
(Filed 3/8/05; did not pass by end of regular session 6/4/05*) | Trials | VT
H 516
H. Appropriations Comm. | FY06 Budget included provisions to: (§313) provide wraparound benefits for Medicare Part D eligible residents. Also establishes (in §314) the V-Pharm program as of 1/1/06 to provide supplemental coverage for residents to up 225 percent of federal poverty, requiring monthly fees from $13 to $35. The state would seek CMS authorization for automatic enrollment of eligible residents in Part D and low income subsidy; also would appropriate extra funds for outreach and education. Non-Medicare state enrollees would be coordinated by a redesigned and renamed Vermont Rx Program. All state funded Rx programs would cover all state-listed over-the-counter products. Also would require evaluation of modifying the state employee and retiree pharmaceutical benefits to wrap around the Medicare part D prescription drug program.
(§305) Tightens the requirements for use of the state preferred drug list by requiring case-by-case evaluation of mental health drugs rather than blanket exemption.
(Filed; passed House 3/25/05; passed Senate 5/25/05; signed into law by governor as Act 71, 6/21/05) | | MMA, PDL, S | | VT
H 534
H. Human Services | Would provide wraparound benefits for Medicare Part D eligible residents "equivalent to the current coverage of Vermont’s prescription drug programs." Would establish the V-Pharm program to provide supplemental coverage for residents to up 255 percent of federal poverty, requiring monthly fees from $13 to $35. The state would seek CMS authorization for automatic enrollment of eligible residents in Part D and low income subsidy; also would appropriate $250,000 for outreach and education. Non-Medicare state enrollees would be coordinated by a redesigned and renamed Vermont Rx Program. All state programs would cover all state-listed over-the-counter products. Also would require evaluation of modifying the state employee and retiree pharmaceutical benefits to wrap around the Medicare part D prescription drug program.
(Filed 4/19/05; did not pass by end of regular session 6/4/05; see H 516 enacted above) | | MMA, OTC, S | | VT
S 22
Sen. Leddy | Would require state-regulated health insurers to provide coverage for the off-label use of prescription drugs for cancer.
(Filed 1/13/05; passed Senate 24y-0n, 4/7/05; did not pass House by end of session 6/4/05*) | Brand, - | | VT
S 49,
H 67
Finance Comm. | Authorizes Vermont to join I-SaveRx, a multi-state prescription drug importation program implemented by Illinois with Wisconsin, Missouri, and Kansas in 2004 . Provides for a separate Vermont web site and state oversight through the "Joint Work Group." Implementation to be completed by May 1, 2005.
(S 49 Passed House 2/9/05; passed Senate 1/27/05; signed into law by governor as Act 2, 2/17/05) | Imp | | VT
S 162
Sen. Leddy | Would allow the state to offer to residents pharmaceutical drugs at lower prices through the exercise of eminent domain powers, authorizing “Compulsory licensing” of specific drugs “needed for use by the state. A fiscal analysis notes, "If the state chose to manufacture the pharmaceuticals subject to the license, compulsory licensing could also be used by Vermont as an economic development strategy.”
(Filed 3/31/05; did not pass by end of regular session 6/4/05*) | D, Price | | VA
HB 1624
Del. Purkey
SB 841
Sen. Deeds | Directs the Board of Medical Assistance Services | |