Use of federal 340B discount price program

340B

Access to brand name Rx

Brand

Multi-state or inter-agency bulk purchasing

Bulk

Clearinghouse information

CL

AL, CA, CO, GA, IA, KY, MD, MA, MI, OK, TN

Discount program

D

Generic drug use

Generic

Regulate drug importation or reimportation

Imp

Regulate forms, labels or packaging on retail Rx, including legibility

Label

CA, ME, MD, MA, MO, NJ, NY, OK, PA, WA, WI

Protecting Rx manufacturers or providers from suits

Liability

GA, NY, SC, WA

Mail-order pharmaceuticals

Mail

GA, IN, MD, MA, NJ, OK, RI, WV, WI

Marketing & advertising
(see www.ncsl.org/programs/health/rxads.htm for more information)

Mkt

AK, CA, CO, FL, HI, IL, IA, MD, MA, MN, NH, NY, OH, OK, PA, RI, SC, SD, TN, UT, VT, WA, WI

Medicaid  (partial list; see notes)

M

Medicare Prescription Drug Act (MMA) state changes

MMA

Regulation of pharmaceutical benefit managers

PBM

Preferred Drug Lists

PDL

CA, CO, HI, MA, NE, NY, OK, PA, RI, TN, VT, WA

Relates to pricing of pharmaceuticals

Price

AK, CA, CO, FL, GA, HI, ID, IL, ME, MA, MI, MN, MO, NJ, NY, OH, OK, PA, RI, SD, TN, VT, WA, WV

Reuse or recycling of pharmaceuticals

Reuse

AL, AZ, FL, GA, IL, LA, MD, MA, MI, MN, MO, MS, NE, OH, OK, PA, RI, SC, TN, VT, WA, WV, WI

State Rx Subsidy program  (Also see "Fix" above)

S

AZ, CA, DE, IL, IA, KS, ME, MD, MA, MN, NH, NJ, NY, NC, OK, PA, RI, SC, TN, VT, WA, WV

Study or task force on Rx

Study

AK, FL, IA, MA, MI, NH, NJ, NM, NY, NC, OK, PA, TN

AK, CA, HI, KS, MN, NH, NY, OK, PA, RI, TN, VT

Other Rx policy

-

AZ, CA, CT, DE, GA, HI, ID, KY, MA, MN, MO, MS, NH, NY, NC, OK, PA, SC, SD, UT, VT, WA, WV

PBM

Would require a licensed pharmacist or pharmacy to keep confidential prescription information containing identifiable patient and prescriber data and would prohibit the release or sale of this information for any commercial purpose.  Any such release or sale of confidential prescription information would constitute unprofessional conduct.
(Filed and referred to committee 2/6/06; did not pass by end of regular session) |

CA
AB 71
Assm. Frommer

Would establish the Office of California Drug Safety Watch to perform duties related to adverse drug reactions, including establishing a toll-free telephone number to receive reports of adverse drug reactions, establishing a web site and maintaining a database to provide up-to-date information to the public about adverse drug reactions.
(Filed 2/3/05; did not pass committee by deadline 1/31/06) |

-

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 and state pharmaceutical programs and pharmacies located in Canada, England and Ireland that meet state requirements, and other web sites. Requires the web site to include price comparisons of prescription drugs. Requires the Department of General Services to determine which state programs may save funds by purchasing from new sources and establish pilot programs to purchase prescription drugs from international pharmacies.
(Filed 1/3/05; passed Assembly 6/2/05; passed Senate 9/14/05; vetoed by governor 9/29/05; consideration of governor's veto dropped, 2/24/06) |

CL, Imp

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

CL, Imp, MMA, Price

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 and referred to committee 1/3/05; passed Assembly 43y-34n, 6/2/05; carried over from 2005 regular session; did not pass by end of regular session 8/31/06) |
(UPDATE: AB 75 includes features similar to ballot Proposition #79, for vote by California voters.  It was defeated on the ballot, 61.1% No to 38.9% Yes on 11/8/05.  Also see SB 19.)

MMA, S

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; consideration of governor's veto dropped, 2/23/06) |

340B, Bulk

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; and any financial arrangements with prescribing providers, pharmacists or others associated with activities "to encourage formulary compliance."  Exempts health insurers and state-run programs.
(Deleted from final bill)  Would require a PBM to make disclosures to its prospective purchasers, and to make specified disclosures to the public upon request.  Would impose requirements on the membership of a pharmacy and therapeutics committee for a PBM, and require a pharmacy benefits manager to meet conditions before substituting a prescribed medication.
(Filed 1/18/05; passed Assembly  44y-34n; passed Senate  23y-14n 9/6/05; vetoed by governor 9/29/05; consideration of governor's veto dropped, 2/23/06) |

PBM

CA
AB 657
Assm. Karnette

Would require prescription containers to be labeled with the condition for which the drug was prescribed, unless the patient, physician, or a parent or legal guardian of a minor patient requests that the information be omitted.  
(Filed and referred to commitee 2/17/05; passed Assembly 42y-30n, 5/19/05; carried over from 2005 session; did not pass Senate Committee by end of regular session 8/31/06) |

Label

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 and referred to commitee 12/6/04; action postponed 5/4/05; carried over from 2005 regular session; did not pass committee by deadline 1/31/06) |
(UPDATE: SB 19 included features similar to ballot Proposition #78, for vote by California voters.  It was defeated on the 2005 ballot, 58.5% No to 41.5% Yes on 11/8/05)

D, MMA

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

CL

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

Mkt

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

M

CA
SB 840
Sen. Kuehl

CO
HB 06-1100
Rep. Frangas

D

Bulk, D, Mkt, PDL

Would allow recipients of prescription drug benefits under the Medicaid, state-administered general assistance and ConnPACE programs access to a temporary supply of a brand name prescription drug in the absence of prior authorization for such drug in emergency situations.
(Filed and referred to committee 3/1/06; did not pass by end of regular session) |

Would allow for the rapid transfer and dispensing of medications and to create a mechanism for the Department of Consumer Protection to obtain the location of specific medications in the event of an emergency.
(Filed and referred to committee 2/28/06; public hearing 3/7/06; did not pass by end of regular session) |

Would provide greater transparency and disclosure between pharmacy benefit managers and the entities which employ them to manage their prescription drug benefit plans.
(Filed and referred to committee 3/1/06; did not pass by end of regular session) |

Would establish standards and disclosure requirements for pharmacy benefits managers.
(Filed and referred to committee 3/3/06; did not pass by end of regular session) |

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

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

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

Brand, M

DE
HB 516
HB 541
Rep. Maier

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

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

M, PBM

GA
HB 887
Rep. Ehrhart

Would provide for limited liability for physicians and pharmaceutical manufacturing companies from claims for damages incurred pursuant to prescriptions filled outside of the United States.
(Filed 3/29/05; held in committee 3/06; did not pass by end of regular session) |

Imp, Liability

GA
HB 1507
Rep. Stephens

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 also establish the amount of rebates, require disclosure of savings, provide for the commissioner of community health to negotiate rebates with drug manufacturers, and require retail pharmacies to discount the price of drugs covered.
(Filed 1/28/05; held in committee 3/06; did not pass by end of regular session) |

D, MMA

GA
SB 199
Sen. Balfour

Would allow selling, distributing, and delivering prescription drugs by mail to individuals enrolled in a closed panel HMO.
(Filed 2/16/05; passed Senate 33y-18n, 2/25/05; did not pass House by end of regular session) |

Mail

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; would provide for the coordination of such dissemination of information through the Division of Aging Services of the Department of Human Resources and provide for the establishment and maintenance of a web site and a toll-free telephone number for the dissemination of information.
(Filed and referred to committee 2/23/05; recommitteed by Senate 1/9/06; did not pass by end of regular session) |

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

Price

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

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

M, Price, PDL, Mkt

HI
HB 102
Rep.  Hiraki
SB 462
Sen. Taniguchi

Would require medical research subject to chapter 324 of the Hawaii Revised Statues that includes prescription drugs as part of a clinical trial, research, or experimental treatment for a serious or life-threatening diseases to register the study with a public registry; public registry information shall include potential benefit and harm.
(Filed and referred to committee 1/22/05; carried over, but did not pass by end of 2006 regular session) |

Trials

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

PDL

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 Food and Drug Administration before being made available for general clinical use.
(Filed and referred to committee 1/24/05; carried over, but did not pass by end of 2006 regular session) |

Trials

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

Trials

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

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

304B, -

Would require that a prescription drug manufacturer post on the publicly accessible Internet web site of the federal National Institutes of Health or another publicly accessible web site, the name of the entity that conducted the clinical trial, a summary of the, the dates of the trial, and the results of the clinical trial, including potential or actual adverse effects of the drug.  Would also require that a manufacturer may not present a regulated advertisement, unless that advertisement meets federal and state requirements concerning misbranded drugs and devices and prescription drug advertising.  Effective date would begin October 15, 2007.
(Filed and referred to committee 1/19/06; passed House, 3/3/06; favorable Senate committee report 3/24/06; measure deferred 4/4/06; did not pass by end of 2006 regular session) |

Would prohibit any drug manufacturer, excluding a point of sale retail seller, from selling or supplying for sale a patented prescription drug for an excessive price or imposing minimum resale requirements for a patented prescription drug that results in the prescription drug being sold for an excessive price.
(Filed and referred to committee 1/20/06; did not pass by end of 2006 regular session) |

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

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

Trials

HI
SB 1440
Sen. Menor

Would require marketing disclosures by drug manufacturers; requires transparency in pharmacy benefit managers.
(Filed and referred to committee 1/27/05; carried over, but did not pass by end of 2006 regular session) |

Mkt, PBM

HI
SB 2138
Sen. Baker

Would make it an unfair or deceptive act or practice for drug manufacturers to sell patented prescription drugs for an excessive price or impose minimum resale requirements that result in an excessive price; defines "excessive price" as over 30 percent higher than the price in any high income country.
(Filed and referred to committee 1/23/06; did not pass by end of 2006 regular session) |)

Price

IL
HB 2768
Rep. Stephens

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 and referred to committee 3/10/05; carried over from 2005 regular session; held in committee 12/06)

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 and referred to committee 2/29/05; carried over from 2005 regular session; held in committee 12/06)

MMA, S

IL
HB 4239
Rep. May

IL
HB 4262
Rep. Mathias

Effective 7/1/06, would provide income tax deductions for contributions to and interest on a health savings account, established under the Medicare Prescription Drug, Improvement and Modernization Act of 2003.
(Filed and referred to committee 1/6/06; held in committee 12/06)

IL
SB 1828
Sen. Righter
Sen. Jacobs

Would create the "Pharmacy Benefit Manager Licensure and Solvency Protection Act" to establish standards and criteria for the regulation, solvency, and licensing of pharmacy benefit managers.
(Filed and referred to committee 2/25/05; passed Senate 55y-0n, 4/21/05; carried over from 2005 regular session; held in committee 12/06)

Would provide for the registration of all pharmaceutical benefits management programs and pharmaceutical benefits managers (PBMs) doing business in the state with the Director of the Division of Insurance of the Department of Financial and Professional Regulation; would change the name of the Third Party Prescription Programs Article of the Insurance Code to the Pharmaceutical Benefits Management Programs Law.
(Filed and referred to committee 1/20/06; held in committee 12/06)

IL
HR 844
Rep. Flowers

Would urge the Governor to make signs available for posting in pharmacies giving statewide and local telephone numbers that a pharmacist or senior citizen may call for assistance in ascertaining or confirming a senior citizen's prescription drug coverage and in getting their prescriptions filled.
(Filed and referred to committee 1/24/06; adopted by House 3/1/06 ) |

MMA, S

Would regulate pharmacy benefits managers and provide for civil relief.
(HF 160 filed and referred to committee 1/31/05; SF 181 filed and referred to committee 2/21/05; did not pass by end of regular session) |

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; would 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).  The state would pay any resulting cost differential in out-of-pocket expenditures of a beneficiary otherwise covered by any other third-party source.
(Filed and referred to committee 03/01/05; did not pass by end of regular session) |

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; would direct pharmaceutical manufacturing companies on an annual basis to disclose gifts made to the board of pharmacy examiners; would 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; would provide that all trade secrets are to be kept confidential.
(Filed and referred to committee  03/01/05; did not pass by end of regular session) |

Mkt

IA
HF 2087
Rep. Heaton

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 and referred to committee 2/4/05; carried over to 2006; did not pass by end of regular session 5/25/06) |

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 and referred to committee 3/8/05; carried over to 2006; did not pass committee by end of regular session 5/25/06) |

M, S

KY
HB 163
Rep. Burch

Would require the Governor and Secretary of the Cabinet for Health Services to request that the Secretary of the U.S. Department of Health and Human Services certify that drug importation from foreign countries by licensed pharmacists, distributors and wholesalers poses no additional risk to the public's health and safety and would result in a reduction in prescription drug costs; would require the KY Cabinet for Health Services to design a prescription drug program to facilitate the importation of prescription drugs from foreign countries, including a drug formulary and patient safety protections, with products to be available for sale to consumers and recipients of state health programs.  Any savings from imported drugs would be passed on to consumers and state health programs, with pharmacies to sell imported drugs at the lesser of 120% of the amount paid for the imported drug or the amount that Medicaid reimburses for the drug.
(Filed and referred to committee 1/3/06; passed House 58y-35n, 2/8/06) |

Would establish a real time electronic data collection system for controlled substances, Medicaid prescriptions and Medicare Part D prescriptions, and would require those dispensing prescriptions to report data electronically in real time when prescribing and dispensing the prescribed drug.
(Filed and referred to committee 2/27/06) |

ME
LD 1848/HP 1288
Rep. Pingree

Would require the Department of Health and Human Services to maintain the level of benefits and copayment requirements and structure in effect on December 30, 2005 for enrollees in the MaineCare and the elderly low-cost drug programs who were enrolled during 2005 and who are eligible for benefits under MediCare Part D.
(Filed and referred to committee 1/3/06; died in committee 4/11/06) |

D, S, MMA

ME
LD 1959/SP 753
Sen. Brennan

Would direct the Department of Health and Human Services to report bimonthly until January 30, 2007 on the status of implementation of the Medicare Part D prescription drug program.  Would appropriate $200,000 for each year for Medicaid seed money and $400,000 for each year for the elderly low-cost drug program.  The allocations are for federal matching funds to match the Medicaid seed funds.  Would also direct the state to establish a Medicare Part D emergency fund that will provide 90 days (from January 1, 2006) of continued coverage of drugs that are currently provided through MaineCare or the elderly low-cost drug program, including a study of all options available for using the federal State Pharmacy Assistance Program with results due by April 1, 2006.
(Filed and referred to committee 1/10/06; died in committee 3/7/06) |

Fix, MMA

MD
HB 135
Del. Hixson

Would require a pharmacy to provide, on the request of a patient with a documented vision impairment, a prescription drug label with audible capability and provide an income tax subtraction modification for expenses incurred to purchase a device that reads or creates a prescription label with audible capability.
(Filed and referred to committee 1/16/06; hearings set for 2/16/06; did not pass by end of 2006 regular session) |

Label, Tax

Would prohibit a pharmacy benefits manager from establishing the amount of reimbursement based on the type of prescriber; would prohibit a pharmacy benefits manager from imposing a copayment, deductible, limit on quantity or other condition; would require an insurance policy or contract or a pharmacy benefits manager to allow an insured or certificate holder to obtain pharmaceutical benefits from the pharmacy or pharmacist of the insured or certificate holder's choice, within any pharmacy network.
(Filed and referred to committee 1/30/06; did not pass by end of 2006 regular session) |

Would prohibit an insurance producer that sells a Medicare Part D prescription drug policy to an individual from communicating with the individual by specified means, for 30 days after the date of the sale, for the purpose of selling to the individual any other kind of insurance that the insurance producer is licensed to sell in the state.
(Filed and referred to committee 2/6/06; withdrawn 3/14/06) |

Would require insurers, nonprofit health service plans, and health maintenance organizations to allow individuals entitled to health care benefits for prescription drugs or devices under specified policies or contracts to purchase a preferred brand-name drug at the price or co-payment required for a generic drug, if an equivalent generic drug is not available.
(Filed and referred to committee 2/8/06; unfavorable committee report 3/24/06; did not pass by end of 2006 regular session) |

Would establish and maintain a Prescription Drug Monitoring Program within the Department of Health and Mental Hygiene in order to assist health care professionals and law enforcement agents in the identification, treatment and prevention of prescription drug abuse.
Filed and referred to committee 1/27/06; passed Senate 47y-0n, 3/26/06; passed House 138y-0n, 4/6/06; vetoed by governor 5/26/06) |

MA
HB 2326
Rep. Frost

Would provide an income tax deduction for the excessive costs of prescription drugs.
(Filed 1/26/05; attached to a study order H 4814, 3/29/06; did not pass committee by end of session, 1/2/07) |

MA
H 2614 
Rep. Reinstein

MA
H 2624
Rep. Sullivan

Would authorize direct-to-consumer rebates or discount coupons for prescription drug purchases.
(Filed and referred to committee 1/26/05; committee report 6/22/05; attached to a study order H 3743; did not pass committee by end of session, 1/2/07) |

MA
H 2636
Rep. Straus

Would coordinate bulk purchasing of prescription drugs.
(Filed 1/26/05; attached to a study order H 4924, 5/4/06; did not pass committee by end of session, 1/2/07) |

MA
H 2659;
S 1270
Sen. Moore,
Rep. Spellane

Would require disclosure of certain gifts made by pharmaceutical companies to persons authorized to prescribe or dispense prescription drugs.
(Filed; favorable report with S 1270, 3/28/06; did not pass committee by end of session, 1/2/07) |

MA
H 2672
Rep. Nangle

Would require a minimum type-size used in prescription drug labeling.
(Filed 1/26/05; attached to a study order H 4732, 3/8/06; did not pass committee by end of session, 1/2/07) |

MA
H 2674
Rep. Fennell

Would require Rx labels to include generic name and brand name.
(Filed 1/26/05; attached to a study order H 4732, 3/8/06; did not pass committee by end of session, 1/2/07) |

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) creation of a “statewide, uniform preferred list of covered prescription drugs” and a multi-agency bulk purchasing program; 3) consumer safeguards and an appeal process for access to products requiring prior authorization or listed as non-preferred; 4) prohibition of any pharmaceutical manufacturer from giving gifts of any value at any time to physicians or providers; 5) requiring membership in the National Legislative Association on Prescription Drug Prices (NLARx).
(Filed 1/26/05; attached to a study order H4994, 5/30/06; did not pass committee by end of session, 1/2/07) |

Bulk, D, M, Mkt, MMA, PDL, Price

Would allow a pharmacist in a health care facility to return to the pharmacy from which it was purchased any unused medication, provided that such medication is sealed in unopened, individually packaged units and within the recommended period of shelf life.  Would prohibit health care facilities, physician’s offices and consumers from disposing unused medication and would require all unused medication to be returned to the manufacturer directly or through a reverse distributor.  Would require pharmacies and health care facilities to provide means to allow consumers to return unused medication and would require pharmacies to provide notice to consumers at the point of sale and on the label of medication when purchased, to provide to consumers free of charge the appropriate packaging to use, and to provide clear instructions for returning the unused medication.
(Filed 1/26/05; favorable report with S 1236, 3/28/06; did not pass committee by end of session, 1/2/07) |

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 and referred to committee 1/26/05; accompanied a new draft H 4729, 3/7/06); did not pass by end of session, 1/2/07) |

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; attached to a study order H 4830, 4/4/06; did not pass committee by end of session, 1/2/07) |

MA
H 2702, H 2704
Rep. Scibak

Would allow for prescription drugs previously dispensed or distributed by a pharmacy for administration to patients in hospice programs, nursing homes or assisted living facilities to be returned to the pharmacy that dispensed the drugs for credit and redispensing, if certain requirements are met.
(Filed; favorable report with S 1270, and S 1236 3/28/06; attached to a study order H 4830; did not pass committee by end of session, 1/2/07) |

Would require that either a resident or consultant pharmacist in a health care facility shall return to the pharmacy from which it was purchased all unused medication, provided that such medication is sealed in unopened, individually packaged units and within the recommended period of shelf life.
(Filed; favorable report with S 1270, 3/28/06; did not pass committee by end of session, 1/2/07) |

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; passed House 150y-0n, 6/14/06; did not pass committee by end of session, 1/2/07) |

Bulk, D, Price, Study

MA
H 2725
Rep. Timilty

Would establish a 15-member special commission to study the delivery of prescription drugs, including analysis of bulk purchasing, discount cards, private section insurance drug programs, pharmaceutical benefit managers, and other issues.
(Filed and referred to committee 1/26/05; hearing 9/21/05; favorable committee report 3/14/06; accompanied study order H 4994; did not pass by end of session, 1/2/07) |

MA
H 2732
Rep. Bradley

Would authorize enrollees of MA Prescription Advantage insurance subsidy to obtain up to three months' supply of a prescription.
(Filed 1/26/05; attached to a study order H 4725,, 5/4/06; did not pass committee by end of session, 1/2/07) |

MA
H 2748
Rep. Sannicandro

Would allow purchase of prescription drugs from Canada.
(Filed 1/26/05; attached to a study order H4923, 5/4/06; did not pass committee by end of session, 1/2/07) |

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; attached to a study order H4924, 5/4/06; did not pass committee by end of session, 1/2/07) |

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; attached to a study order H4923, 5/4/06; did not pass committee by end of session, 1/2/07) |

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; favorable report; attached to a study order H5084, 6/22/06; did not pass committee by end of session, 1/2/07) |

MA
H 3001
Rep. Fresolo

Would relate to insurance coverage for prescription drugs.
(Filed 1/26/05; carried over from 2005 regular session; did not pass committee by end of session, 1/2/07) |

Would prohibt all pharmaceutical companies from advertising on any media in the Commonwealth or by any other means.
(Filed 1/25/05; date extended to 1/2/07; did not pass committee by end of session, 1/2/07) |

MA
H 4900, § 22
House Ways & Means Comm.
S 2500

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; attached to a study order H 4847 4/10/06; did not pass committee by end of session, 1/2/07) |

Would require any pharmacy or wholesaler located outside of the state that ships, mails or delivers prescription drugs or devices to other establishments, authorized prescribers, and/or patients residing in this state to register with the Board of Registration in Pharmacy.  This bill would include pharmacies or wholesalers located in and outside of the state that transact business interstate or intrastate through the use of the Internet or other electronic medium.
(Filed 1/26/05; attached to a study order H 4725, 5/4/06; did not pass committee by end of session, 1/2/07) |

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 prescription drugs from licensed Canadian pharmacies.  S. 427 would include “stringent licensing requirements.”
(Filed 1/26/05; attached to a study order H 4725, 5/4/06; did not pass committee by end of session, 1/2/07) |

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; did not pass committee by end of session, 1/2/07) ||

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; attached to a study order H 4725, 5/4/06; did not pass committee by end of session, 1/2/07) |

MA
S 427
Sen. Spilka

Would require the Secretary of the Executive Office of Health and Human Services to prepare a plan for the safe importation or re-importation of Federal Drug Administration approved prescription drugs from Canada.  The plan would include the importation or re-importation of prescription drugs for citizens of the Commonwealth, Massachusetts state employees and retirees, Medicaid recipients and prisoners in Commonwealth correctional institutions.
(Filed 1/26/05; attached to a study order H 4847, 4/10/06; did not pass committee by end of session, 1/2/07) |

MA
S 432;
S 2598
Sen. Tolman

Would establish consumer standards for prior authorizations of prescription drugs, including approval or denial within 24 hours; would provide for immediate emergency access via a prescription; would allow physician decisions unless a therapeutically equivalent generic drug is available; would provide for public notice and hearing before any product is moved to prior authorization; would create a Pharmacy and Therapeutics Advisory Committee to examine grievance procedures and outcomes.
(Filed 1/26/05; favorable report, redrafted as S 2598, 6/28/06; did not pass committee by end of session, 1/2/07) |

Brand, Generic, M, PDL

MA
S 1252
Sen. Lees

Would relate to tax credits for prescription drugs.
(Filed 1/26/05; did not pass committee by end of session 1/2/07) |

MA
S 1268
Sen. Moore

Would relate to drug samples.
(Filed 1/26/05; attached to a study order S 2401,4/10/06; did not pass committee by end of session 1/2/07) |

MA
S 1276
Sen. Moore

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; carried over from 2005 session; held in committee 12/06)

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; carried over from 2005 session; held in committee 12/06)

D, MMA, Price

MI
HB 4037,
HB 4559
Rep. Condino,
Rep. Kahn

Would establish a toll-free hotline and a web site to provide information to consumers regarding prescription drug programs, prices of the 25 most commonly prescribed medications and other information.
(Filed 3/24/05; HB 4037 passed House 6/29/05; carried over from 2005 session; held in committee 12/06)

CL

MI
HB 5466
Rep. Accavitti

MN
HF 127
Rep. Abeler

Would establish a cancer drug repository program.  
(Filed and referred to committee 1/10/05; carried over, but did not pass by end of 2006 regular session) |

Reuse

MN
HF 1589,
HF 2234,
SF 1909
Rep. Scalze,
Rep. Liebling

Would establish a prescription drug bulk purchasing program.
(Filed and referred to committee 3/7/05; carried over, but did not pass by end of 2006 regular session) |

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.
(HF 1696 filed and referred to committee 3/10/05; SF 2278 filed and referred to committee 4/28/05; carried over, but did not pass by end of 2006 regular session) |

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 of the PBM's books. Would prohibit drug substitution based on profit for the PBM.
(Filed and referred to committee 3/17/05; carried over, but did not pass by end of 2006 regular session) |

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 and referred to committee 3/23/05; carried over, but did not pass by end of 2006 regular session) |

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 and referred to committee 3/10/05; carried over, but did not pass by end of 2006 regular session) |

Bulk

MN
HF 2869
Rep. Lesch
SF 3342
Sen. Hottinger

MN
HF 3916
Rep. Brod
SF 3605
Sen. Rosen

MN
SF 22
Sen. Solon
HF 839
Rep. Abeler

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 and referred to committee 1/6/05; carried over, but did not pass by end of 2006 regular session) |

Bulk, Imp

MN
SF 23
Sen. Solon
HF 840
Rep. Abeler

Would modify wholesale drug distributor requirements.
(Filed and referred to committee 1/6/05; see SF 2278; carried over, but did not pass by end of 2006 regular session) |

Whole

MO
HB 986
Rep. Meadows

Would create a program through which unused prescription drugs may be transferred from long term care facilities to city or county health departments for the purpose of distributing the medication to low-income residents of this state meeting certain eligibility criteria.
(Filed and referred to committee 1/4/06; passed Senate, 2/16/06; did not pass Senate by end of regular session 5/12/06) |

Would require licensed practitioners to issue all written prescriptions.  The prescriptions shall be legibly printed or typed, dated with the month written in textual letters and signed by the prescribing practitioner on the day issued.  The prescriptions shall also contain the name of the prescribing practitioner, the name, strength and quantity of the prescribed drug, and directions for using the drug.
(Filed and referred to committee 1/10/06; did not pass by end of 2006 regular session) |

These bills would establish the "Affordable Prescription Drugs for all Missourians" Act.  Under this act, the Missouri RX plan, within the Department of Social Services would conduct research and collect on a quarterly basis a statistically valid sample of data on the retail prices charged by pharmacies for the fifty most frequently prescribed medicines from any pharmacy licensed by this state.  The Missouri Rx plan would make available on an Internet web site and through the establishment of a toll-free phone number, drug prices from each pharmacy for a 30-day supply at a standard dose.  The data collected would be reported for each drug by pharmacy and by metropolitan statistical area or region and updated quarterly. The Internet web site would be made available no later than January 1, 2007.
(Filed and referred to committee 3/1/06; bills combined 3/28/06; passed Senate 30y-0n, 4/20/06; did not pass House by end of regular session 5/12/06) |

MS
HB 9
Rep. Fleming

Brand

-

Whole

Reuse

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 committee 1/18/05; indefinitely postponed 4/13/06; portions incorporated into LB 994) |

Whole

NH
HB 1247
Rep. Nowe

NH
SB 110
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 and referred to committee 1/26/05; passed Senate 3/24/05; referred for interim study 3/22/06; did not pass by end of 2006 regular session) |

D, MMA

NH
SB 211
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; referred for interim study 1/18/06; did not pass by end of 2006 regular session) |

Mkt

Would enact the "Pharmacy Quality Improvement and Error Prevention Act" to provide guidelines for the New Jersey State Board of Pharmacy to utilize in implementing medication error prevention, pharmacy quality improvement, and consumer education programs on this topic.
(AB 1025 filed and referred to committee 1/10/06; passed House 76y-0n, 3/2/06; did not pass by end of 2006 regular session) |
(SB 1752 filed and referred to committee 3/21/06; did not pass by end of 2006 regular session)|

NJ
A 1032
Assm. Van Drew

D, Price

Would require prescription drug labels to bear the brand name of the prescribed drug as well as the name of any generic drug substituted for the brand name drug, so as to provide information that may be beneficial to consumers in clarifying any confusion that might possibly arise as to the identity of the medication that was prescribed and the medication being dispensed.
(Filed and referred to committee 1/10/06; did not pass by end of 2006 regular session) |

Would establish the New Jersey Prescription Drug Cost Reduction Study Commission in the Department of Health and Senior Services to determine ways of easing the impact of increasing prices of prescription drugs on consumers and assess the feasibility of regulating price increases of prescription drugs in the state in order to provide access for all state residents to medically necessary prescription drugs at the lowest possible prices.
(Filed and referred to committee 1/10/06; did not pass by end of 2006 regular session) |

Would regulate Internet pharmacies that dispense or deliver prescription drugs to patients living in New Jersey; would require Internet pharmacies to obtain a pharmacy permit from the Board of Pharmacy of the State of New Jersey prior to dispensing or delivering prescription drugs; would require an Internet pharmacist or pharmacy to have a valid pharmacy license before dispensing or delivering prescription drugs in accordance with an electronic prescription; would require the practitioner to conduct an examination, which shall be appropriately documented in the patient record, prior to an electronic prescription being filled.
(Filed and referred to committee 1/10/06;  AB 1426 second reading 1/30/06; did not pass by end of 2006 regular session) |

Would require pharmacists to print the expiration date of a drug on the container label of a prescription.
(Filed and referred to committee 1/10/06; did not pass by end of 2006 regular session) |

Would regulate Internet pharmacies that dispense or deliver drugs to patients living in New Jersey; would require Internet pharmacies to register with the Board of Pharmacy of the State of New Jersey and to provide certification that the Internet pharmacy and its pharmacists are licensed and in good standing in the state where the Internet pharmacy is located; would require Internet pharmacies to provide a toll-free telephone number answered during normal business hours by a pharmacist with ready access to the records of New Jersey patients; would require pharmacists who have reason to question the validity of an electronic prescription to verify the prescription with the prescribing practitioner and to refuse to fill an electronic prescription that, in his professional judgement, is not valid or safe.
(Filed and referred to committee 1/10/06; did not pass by end of 2006 regular session) |

Would require that a pharmacy benefits management company (PBM), which manages prescription drug benefits for a health benefits plan covering New Jersey residents, be certified by the Director of the Division of Consumer Affairs in the Department of Law and Public Safety.  The certificate would be for a three-year period and would be subject to revocation by the director for a violation of the provisions of the bill.  This bill would not apply to the "Pharmaceutical Assistance to the Aged and Disabled" program or the "Senior Gold Prescription Discount Program."
(Filed and referred to committee 1/10/06; did not pass by end of 2006 regular session) |

Would establish the New Jersey Rx Program to reduce prescription drug prices for residents of this state.  This program, modeled after the program established by statute in Maine (P.L.1999, c.786), would be established in the Department of Health and Senior Services (DHSS), and would use manufacturer rebates and pharmacy discounts to reduce prescription drug prices.  In implementing the program, the state would act as a pharmacy benefits manager in establishing rebates and discounts on behalf of qualified residents whose income does not exceed 350% of the federal poverty level, and who are not eligible for a state or federally funded program or covered by an insurance policy or contract that provides prescription drug benefits that are equal to or greater than the benefits provided under the New Jersey Rx Program.
(Filed and referred to committee 1/10/06; did not pass by end of 2006 regular session) |

NJ
A 2871
Assm. Epps
S 180
Sen. Doria

Would provide that, in implementing the  "Pharmaceutical Assistance to the Aged and Disabled" (PAAD) program, the Commissioner of Health and Senior Services shall not limit or restrict an eligible PAAD recipient's ability to select a participating pharmacy.  In addition, the commissioner shall not implement a voluntary or mandatory mail order system for the purchase of prescription drugs and must ensure that participating pharmacies are able to provide eligible PAAD recipients with patient consultation services and monitor for possible adverse drug interactions.
(AB 2781 filed and referred to committee 3/21/06; SB 180 filed and referred to committee 1/10/06; did not pass by end of 2006 regular session) |

Would establish the "Prescription Drug Right-to-Know Act"; would establish a clinical trials registry in DHSS and would require pharmaceutical companies to publicly disclose clinical trial data.
(Filed and referred to committee 3/21/06; did not pass by end of 2006 regular session) |

Would propose a constitutional amendment to require that any federal funds received by New Jersey pursuant to the federal "Medicare Prescription Drug, Improvement and Modernization Act of 2003" (Pub.L.108-173), which establishes prescription drug benefits for Medicare beneficiaries, be used to increase income eligibility limits for the "Pharmaceutical Assistance to the Aged and Disabled" program (PAAD) and the "Senior Gold Prescription Discount Program," or to improve the benefits provided by those programs.
(Filed and referred to committee 1/10/06; did not pass by end of 2006 regular session) |

Would memorialize the Congress of the United States to pass, and the President to sign into law, legislation that would strengthen the regulation of online prescribing over the Internet in order to protect the health and welfare of the citizens of this nation.
(Filed and referred to committee 1/10/06; did not pass by end of 2006 regular session) |

Would provide that a separate contract must be awarded for pharmacy benefit management services in connection with State Health Benefits Program drug prescription benefits.
(Filed and referred to committee 3/2/06; did not pass by end of 2006 regular session) |

NJ
S 1581,
A 2237
Sen. Kean,
Assm Conaway

Would create the “State Medicare Part D Assistance and Information Act,” which is designed to enhance state efforts to provide assistance and information to Medicare beneficiaries seeking to obtain the prescription drug benefits to which they are entitled under the new Medicare Part D.  This bill would authorize the Commissioner of Health and Senior Services to establish a toll-free telephone hotline and designate a Medicare Part D ombudsman to assist Medicare beneficiaries.
(Filed and referred to committee 1/30/06; 3/2/06; A 2237 favorable report, 2/23/06; ; did not pass by end of 2006 regular session) |

Would require a prescription drug manufacturer to offer a drug it manufactures or processes to any purchasers or wholesale distributors on the terms and conditions offered or accorded to the manufacturer's most favored purchaser or wholesale distributor.
(Filed and referred to committee 3/20/06; did not pass by end of 2006 regular session)|

Non-binding resolution would request that the New Mexico Health Policy Commission continue research and analysis of pharmacy benefit manager (PBM) activities and laws that regulate pharmacy benefit managers, with a report due 10/31/06.
(Filed and referred to committee 1/18/06; HJM 25 passed House 48y-14n, 2/3/06) |

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; carried over from 2005 session; held in committee at end of formal sessions, 7/06) |

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; carried over from 2005 session; held in committee at end of formal sessions, 7/06) |

NY
A 3860
S 6918
Assm. John

NY
A 4408,
S 1909
Assm. Heastie,
Sen. Robach

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; carried over from 2005 session; held in committee at end of formal sessions, 7/06) |

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; carried over from 2005 session; held in committee at end of formal sessions, 7/06) |

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; carried over from 2005 session; held in committee at end of formal sessions, 6/6/06) |

S

NY
A 6336,
S 5029
Assm. Gottfried,
Sen. Golden

Would provide for the establishment of a state pharmaceutical purchasing program with a pharmaceutical purchasing panel; requiring the board to negotiate agreements with suppliers in which the suppliers pay rebates for drugs purchased by participants of the program.
(Filed 3/10/05; carried over from 2005 regular session; passed Assembly 6/23/06; held in Senate committee 7/06) |

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; carried over from 2005 session; held in committee at end of formal sessions, 7/06) |

D, Price, Generic

NY
A 6674,
S 4781
Assm. Lafayette,
Sen. Marchi

Would authorize an interstate compact on equitable pricing of pharmaceutical patented and generic drugs; would make 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; carried over from 2005 regular session; in committees 1/06; did not pass by end of 2006 regular session) |

Bulk, D, Price, Generic

NY
A 6870,
S 4637
Assm. Jacobs,
Sen. Sabini

Would require all pharmaceutical clinical trials and studies to be posted on a web site to provide public with full disclosure. (Filed 3/30/05, 4/18/05; amended, favorable report 6/7/05; carried over from 2005 session; held in committee at end of formal sessions, 5/16/06) |

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; would require 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; carried over from 2005 session; held in committee at end of formal sessions, 7/06) |

M, PDL

Would provide for cost of living and marriage penalty adjustments to eligibility standards for the program for elderly pharmaceutical insurance coverage (EPIC).
(Filed 2/28/05, 3/3/05, 4/27/05; carried over from 2005 session; held in committee at end of formal sessions, 7/06) |
(S 2971 favorable report 5/17/05)

NY
A 7716,
S 154
Assm. Colton

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; carried over from 2005 session; held in committee at end of formal sessions, 7/06) |

S

Would provide for the proper packaging and labeling of pharmaceutical drugs, creating penalties for intentional fraudulent replacement, packaging, and labeling of such drugs; provides for better consumer protection
(Filed  3/7/06; held in committee at end of formal sessions, 7/06) |

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 referred to committee 3/9/05; carried over from 2005 regular session; did not pass by end of 2006 regular session) |

Bulk, Study

NC
SB 581
Sen. Forrester

Would create a prescription management program to lower medical costs.
(Filed and referred to committee 3/16/05; carried over from 2005 regular session; held in committee at end of formal sessions, 12/06)|

-

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 and referred to committee 4/7/05; carried over from 2005 regular session; held in committee at end of formal sessions, 12/06) |

MMA, S

NC
SB 1095
Sen. Boseman

Would establish a state lottery to provide funds for prescription drugs for seniors.
(Filed and referred to committee 3/24/05; carried over from 2005 regular session; held in committee at end of formal sessions, 12/06) |

S

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 and referred to committee 3/19/05; carried over from 2005 regular session; no further action before end of formal sessions, 12/06)|

Mkt

OH
SB 14
Sen. Hagan

Would create the Drug Importation Program.
(Filed and referred to committee 1/26/05; carried over from 2005 regular session; no further action before end of formal sessions, 12/06) |

Imp

OH
SB 228
Sen. Schuring

Would require terminal and wholesale distributors of prescription drugs to send to the Drug Repository Program all unused or unsold prescription drugs that qualify for the program.
(Filed and referred to committee 11/16/05; carried over from 2005 regular session; no further action before end of formal sessions, 12/06) |

Reuse, Whole

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; would provide criteria, consumer safeguards and reports for certain Board decisions; would require 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;" would provide for 30 days’ public notice prior to any meeting on prior authorization of a specific drug.
(Filed and referred to committee 2/7/05; carried over, but did not pass by end of 2006 regular session) |

Brand, M

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 and referred to committee 2/7/05; carried over, but did not pass by end of 2006 regular session) |

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.  Would require 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 and referred to committee 2/7/05; carried over, but did not pass by end of 2006 regular session) |

Brand, M

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 and referred to committee 2/7/05; carried over, but did not pass by end of 2006 regular session) |

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; would assess enactment of fair prescription drug pricing policies; would explore discount prices or rebate programs for seniors and persons without prescription drug coverage; would consider coordinated PDLs, generic drugs and other approaches; would require cooperation of all state agencies.
(Filed and referred to committee 2/7/05; carried over, but did not pass by end of 2006 regular session) |

Bulk, Mkt, Study, Generic

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 and referred to committee 2/7/05; carried over. but did not pass by end of 2006 regular session) |

Whole

OK
HB 2039
Rep. Reynolds

Would create the Pharmacy Act.
(Filed and referred to committee 02/7/05; carried over, but did not pass by end of 2006 regular session) |

-

Would establish a program to provide low-cost prescription drugs to the senior citizens of Oklahoma through the use of standard or larger prescription refill sizes and the required use of generic or chemically equivalent drugs, provided that the drugs are of the same quality and have the same mode of delivery as is provided to the general public.
(Filed and referred to committee 2/6/06; did not pass by end of 2006 regular session) |

OK
HB 2914
Rep. D. Morgan

A manufacturer may not advertise a prescription drug for a clinical trial in a television broadcast, radio broadcast or printed material, unless the manufacturer has disclosed to the State Department of Health the name of the entity that conducted or is conducting the clinical trial, a summary of the purpose of the clinical trial, the dates during which the trial has taken place, information concerning the results of the clinical trial, including potential or actual adverse effects of the drug, and any other information determined by the Department to be relevant.
(Filed and referred to committee 2/6/06; did not pass by end of 2006 regular session) |

Would make it illegal to forge or alter any prescription, to sell or give away any unused quantity of drugs obtained by prescription, except through an authorized program, and to enter into any arrangement to receive or deliver prescription orders at a place other than the pharmacy in which they are compounded and dispensed.  This bill would not prohibit a pharmacist or an employee of the pharmacy from personally receiving a prescription or delivering or mailing a legally filled prescription at a residence, office or place of employment of the patient for whom the prescription was written.
(Filed and referred to committee 2/6/06; did not pass by end of 2006 regular session) |

OK
SB 544
Sen. Adelson

Would create the Oklahoma Drug Importation Act, which would require the State Department of Health to establish a web site and a hotline for specified purpose; would require specified pharmacies to register certain information; would require a safety inspection; would allow reliance upon certain inspection and safety standards.
(Filed and referred to committee 2/9/05; carried over from 2005 regular session; did not pass by end of 2006 regular session) |

Imp

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 and referred to committee 3/10/05; did not pass committee by end of 2005 regular session)

Label

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; would specify time frame for and provide for review and discussion related to certain classification process; would provide for additional administrative hearing before the Medicaid Drug Utilization Review Board.
(Filed and referred to committee 2/9/05; carried over, but did not pass by end of 2006 regular session) |

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; would specify list of entities authorized to import certain drugs; would prohibit certain actions without a license and paying fees; would provide for license application and reciprocity; would provide for certain notification to specified consumer or patient.
(Filed and referred to committee 3/08/05; carried over, but did not pass by end of 2006 regular session) |

Imp

Would require health insurance providers that furnish coverage for prescription drugs to extend coverage to the off-label use of drugs (prescribing a drug for treatment of a condition other than what is specifically approved for treatment by the FDA).  Would provide that health insurance that covers prescription drugs may not exclude coverage of a drug for a particular indication on the grounds that the drug has not been approved by the FDA for that indication if the drug is recognized for treatment of the indication in one of the standard reference compendia or in medical literature. 
(Filed and referred to committee 2/8/05; carried over from 2005 regular session, did not pass by end of 2006 regular session) |

-

PA
HB 571
Rep. Lescovitz

Would provide additional information on drug labels, to include the brand name and generic name.
(Filed and referred to committee 2/15/05; carried over from 2005 regular session; did not pass by end of 2006 regular session) |

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 and referred to committee 2/15/05; carried over from 2005 regular session; did not pass by end of 2006 regular session) |

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 and referred to committee 2/24/05; carried over from 2005 regular session; did not pass by end of 2006 regular session) |

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 and referred to committee 2/24/05; carried over from 2005 regular session; did not pass by end of 2006 regular session) |

D, Imp, Price, Study, PDL

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 and referred to committee 2/24/05; carried over from 2005 regular session; did not pass by end of 2006 regular session) |

Reuse

PA
HB 752
Rep. Mann

Would provide for the donation of unused prescription drugs.
(Filed and referred to committee 2/24/05; carried over from 2005 regular session; did not pass by end of 2006 regular session) |

Reuse

PA
HB 879
Rep. Allen

Would extend coverage of Pharmaceutical Assistance Contract for the Elderly (PACE) to disabled individuals of any age.
(Filed and referred to committee 3/14/05; carried over from 2005 regular session; did not pass by end of 2006 regular session) |

S

PA
HB 1052
Rep. S. Smith

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 and referred to committee 3/22/05; carried over from 2005 regular session; did not pass by end of 2006 regular session) |

S

PA
HB 1177
Rep. Allen

D, -

PA
HB 1196
Rep. Bebko-Jones

Would exempt Lottery winnings from income eligibility for the PACE and PACENET programs.
(Filed and referred to committee 3/29/05; carried over from 2005 regular session; did not pass by end of 2006 regular session) |

S

drug programs and for reimbursement for pharmacy services.
(Filed and referred to committee 11/22/05; re-referred to committee 3/21/06; did not pass by end of 2006 regular session) |

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 and referred to committee 2/8/05; carried over from 2005 regular session; did not pass by end of 2006 regular session) |

 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 and referred to committee 3/1/05; carried over from 2005 regular session; did not pass by end of 2006 regular session) |

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 and referred to committee 2/23/05; carried over from 2005 regular session; did not pass by end of 2006 regular session) |

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 and referred to committee 2/23/05; carried over from 2005 regular session; did not pass by end of 2006 regular session) |

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 and referred to committee 3/1/05; carried over from 2005 regular session; did not pass by end of 2006 regular session) |

Trials

PA
SB 320
SB 321
Sen. Stack

Would provide for annual expense reports and for disclosure by pharmaceutical marketers; would impose penalties up to $10,000 for violations.
(Filed 2/18/05; carried over from 2005 regular session; did not pass by end of 2006 regular session) |

Mkt

PA
SB 460
Sen. Wonderling

Would establish the Cancer Drug Repository Program for accepting donated cancer drugs and dispensing cancer drugs.
(Filed and referred to committee 3/28/05; carried over from 2005 regular session; did not pass by end of 2006 regular session) |

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 and referred to committee 3/28/05; carried over from 2005 regular session; did not pass by end of 2006 regular session) |

 Imp, Study

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 and referred to committee 2/2/05 &2/10/05; held in committees at end of regular '05 session, 7/05; did not pass by end of 2006 regular session) |

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; did not pass by end of 2006 regular session) |

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; did not pass by end of 2006 regular session) |

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; did not pass by end of 2006 regular session) |

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; did not pass by end of 2006 regular session) |

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; would take effect on January 1, 2006.
(Filed 2/15/05; held in committee at end of regular '05 session, 7/05; did not pass by end of 2006 regular session) |

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; did not pass by end of 2006 regular session) |

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; did not pass by end of 2006 regular session) |

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; did not pass by end of 2006 regular session) |

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; did not pass by end of 2006 regular session) |

S

Would require that all mail order or catalog deliveries of pharmaceutical products be received and signed for by an individual who is at least seventeen years of age.
(Filed and referred to committee 2/9/06; held for futher study 3/1/06; did not pass by end of 2006 regular session) |

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; did not pass by end of 2006 regular session) |

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; did not pass by end of 2006 regular session) |

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; did not pass by end of 2006 regular session) |

D

RI
SB 806
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; did not pass by end of 2006 regular session) |

340B, Bulk, PDL, S

RI
SB 2247
Sen. Levesque

Would regulate pharmaceutical companies advertising in the state, and would include disclosure of clinical trials of prescription drugs.
(Filed and referred to committee 3/15/06; did not pass by end of 2006 regular session) |

SC
HB 3090
Rep. White

Would provide civil lawsuit protection for physicians, optometrists, nurse practitioners and physician assistants who prescribe FDA approved drugs.
(Filed  and referred to committee 1/11/05; carried over, but did not pass by end of 2006 regular session) |

Liability

SC
HB 3091
Rep. White

Would provide 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.
(Filed and referred to committee 1/11/05; carried over, but did not pass by end of 2006 regular session) |

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 no other medication on the approved list is acceptable for treatment of the insured.
(Filed and referred to committee 1/11/05; carried over, but did not pass by end of 2006 regular session) |

Brand, Generic

Would enact the "Cancer Drug Donation Program Act", which would establish the program in the Department of Health and Environmental Control for the donation of cancer drugs to certain patients who do not qualify for Medicaid or any state funded prescription drug program.
(Filed and referred to committee 3/28/06; did not pass by end of 2006 regular session) |

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 and referred to committee 1/11/05; carried over, but did not pass by end of 2006 regular session) |

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; would provide for coordinating with Medicare part D to provide low income Medicare-eligible state residents assistance with the cost of prescription drugs.
(Filed and referred to committee 3/3/05; carried over, but did not pass by end of 2006 regular session) |

MMA, S

Would make it a deceptive or unfair trade practice to sell, market, promote, advertise or otherwise distribute any card or other purchasing mechanism or device that is not insurance that purports to offer discounts or access to discounts from pharmacies for prescription drug purchases if: (a) the card or other purchasing mechanism or device does not expressly state in bold and prominent type, prevalently placed, that discounts are not insurance; (b) the discounts are not specifically authorized by a separate contract with each pharmacy listed in conjunction with the card or other purchasing mechanism or device; or (c) the discount or access to discounts offered, or the range of discounts or access to the range of discounts, is misleading, deceptive or fraudulent, regardless of the literal wording.
(Filed and referred to committee 1/10/06; passed Senate 31y-3n, 1/24/06; did not pass House as amended 2/23/06) |

Would require drug manufacturers to offer discounts to purchasers and wholesale distributors for volume purchases of a drug and prompt payment for purchases of that drug.
(Filed 1/19/06; did not pass committee 1/25/06) |

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 referred to committees 1/26/05, 4/20/05; carried over, but did not pass by end of 2006 regular session) |

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 and referred to committees 1/31/05; carried over, but did not pass by end of 2006 regular session) |

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 and referred to committees 1/31/05; carried over, but did not pass by end of 2006 regular session) |

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; would require enrollees to pay for certain Brand name products; would require maximum allowable cost (MAC) list and new Pharmacy & Therapeutics committee.
(Filed and referred to committees 2/1/05; SB 1176 passed Senate 28y-0n, 5/19/05; carried over, but did not pass by end of 2006 regular session) |

Brand, Generic, M, Price

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 and referred to committees 2/3/05; carried over, but did not pass by end of 2006 regular session) |

Mkt

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 and referred to committee 2/8/05; carried over, but did not pass by end of 2006 regular session) |

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 federal poverty) 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 and referred to committees 2/17/05; carried over, but did not pass by end of 2006 regular session) |

CL, D, MMA

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 referred to committees 2/11/05; carried over, but did not pass by end of 2006 regular session) |

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 programs or a new Tennessee international prescription drug cost savings program for residents.  Would not apply to Medicare or Medicaid/TennCare.
(Filed and referred to committees 2/16/05; SB1989 passed Senate 25y-1n, 5/25/05; carried over, but did not pass by end of 2006 regular session) |

Imp, Price

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 referred to committees 2/17/05; carried over, but did not pass by end of 2006 regular session) |

Generic, M

TN
HB 2210
Rep. Buck

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 and referred to committees 2/17/05; carried over, but did not pass by end of 2006 regular session) |

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 and referred to committees 2/17/05; SB 2309 favorable committee report 5/4/05; carried over; but did not pass by end of 2006 regular session) |

MMA, S

Would establish a prescription drug redispensing pilot program through which nursing homes may transfer unused prescription medications, other than controlled substances, to charitable clinic pharmacies to redispense to indigent state residents.  No charitable clinic dispensations would be eligible for Medicaid reimbursement.
(Filed and referred to committees 2/7/06; did not pass by end of 2006 regular session) |

Would authorize the distribution and donation of legend drugs that are within one year beyond their expiration date, as long as the drugs are in solid form, unopened, and in their original packaging and they are distributed by a licensed pharmacist or pharmacy to a tax-exempt nonprofit organization with the primary purpose of collecting legend drugs and redistributing them to impoverished persons.  "Legend drugs" are defined as drugs that may not legally be prescribed without a prescription from a licensed doctor, dentist, optometrist or veterinarian.
(Filed and referred to committees 2/7/06; did not pass by end of 2006 regular session) |

Would require disclosure of certain financial arrangements between pharmacy benefit managers and drug companies and establishes penalties for violations.
(Filed and referred to committee 2/16/06; did not pass by end of 2006 regular session) |

Would institute a program for the donation of cancer drugs, including drugs used to treat cancer, the side effects of cancer, or the side effects of a prescription drug used to treat cancer or its side effects.
(Filed and referred to committee 2/16/06; did not pass by end of 2006 regular session) |

Would require that every wholesale distributor who engages in the wholesale distribution of prescription drugs be licensed by the board of pharmacy or the state licensing authority in the state in which it resides, and that every non-resident wholesale distributor be licensed in a state if it ships prescription drugs into that state; would establish requirements and regulations for prescription drug wholesalers in the state.
(Filed and referred to committee 2/21/06; did not pass by end of 2006 regular session) |

Would authorize pharmacists under the Tennessee Affordable Drug Act of 2005 to dispense a more expensive generic equivalent drug covered under the patient's drug plan, if the prescriber prescribes the least expensive generic equivalent and the patient requests and is willing to pay the difference between the more expensive and least expensive generic equivalent prescribed.
(Filed and referred to committee 2/22/06; did not pass by end of 2006 regular session) |

Would urge the governor to provide safety net coverage to dually eligible beneficiaries and medically needy disenrollees under the Medicare Modernization Act, Part D prescription drug program.
(Filed and referred to committees 2/6/06; did not pass by end of 2006 regular session) |

Would require the Department of Administrative Services to develop a plan for bulk purchasing of prescription drugs and other cost-saving measures for the purchase of prescription drugs by state entities.
(Filed 1/16/06; substituted & passed House 65y-4n, 2/1/06; substituted and did not pass Senate, 3/1/06) |

VT
H 29
Rep.
Obuchowski

Would create a program to regulate the price of prescription drugs sold in Vermont; would require the state, municipalities and school boards to purchase drugs covered by a health benefit plan from Canadian sources; would 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 and referred to committee 1/13/05; carried over, but did not pass by end of 2006 regular session) |

D, Imp, Price

VT
H 225
Rep. Fisher
S 93
Sen. Sears

Would prohibit the advertising of prescription drugs on broadcast media.
(Filed and referred to committee 2/10/05; carried over, but did not pass by end of 2006 regular session) |

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 and referred to committee 2/15/05; carried over, but did not pass by end of 2006 regular session) |

M, Price

VT
H 415
Rep. Nuovo

Would establish minimum standards for the approval of clinical trials within Vermont; would include a requirement that drug manufacturers publicly disclose the results of clinical trials on a federal public web site.
(Filed and referred to committee 3/8/05; carried over, but did not pass by end of 2006 regular session) |

Trials

VT
H 534
H. Human Services

Would provide wrap around 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 and referred to committee 4/19/05; carried over, but did not pass by end of 2006 regular session) |

MMA, S