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Health Program
2006 Prescription Drug State Legislation
State legislatures had a strong health policy focus on prescription drugs in 2006, enacting or adopting at least 85 laws and resolutions in 36 of the 43 states holding sessions. During these 2006 legislative sessions, more than 600 bills were filed and considered, as detailed in this report. Additionally, the governors of several states issued binding Executive Orders, especially to provide supplemental or emergency assistance for new Medicare Part D enrollees.
The following are examples of hot topics in 2006:
Medicare Part D/Emergency & Transition Fixes and Patches -- 29 states considered 92 bills and resolutions intended to modify or adjust state pharmaceutical assistance efforts, in response to the federal Medicare Prescription Drug benefit launched in January 2006. The most widespread actions focus on transitional "fixes" or "patches" for Medicare Part D to temporarily cover prescription drugs for dual-eligibles (people who qualify for both Medicare and Medicaid) and other Medicare enrollees. At least 37 states and D.C. implemented emergency or transitional assistance to those who are legally entitled to benefits but are having trouble receiving them.
Discount and Subsidy Programs -- A large number of states have already established subsidy and discount programs to reduce prescription drug costs and provide direct relief to low-income seniors. In 2006, many states retooled their discount and subsidy programs to include Medicare Part D provisions. New Mexico created a new discount prescription drug program open to residents of all ages to replace its existing senior-only drug program. Oregon voters approved Ballot Measure 44 in November '06, potentially creating the largest discount plan among the states.
Pharmacy Benefit Managers (PBMs) -- Several states proposed legislation to regulate Pharmacy Benefit Management companies -- the middlemen who negotiate directly with manufacturers. The bills seek to assure financial reliability, regulate the licensing of pharmacy benefit managers and mandate full disclosure of financial contracts. Two states have passed laws regulating PBMs, including Kansas and Mississippi, which enacted the "Pharmacy Benefit Prompt Payment Act" regulating repayments to local pharmacies.
Prescription Drug Reuse/Recycling -- A number of states passed laws during 2006 that focus on the donation of unused pharmaceutical drugs. States such as Florida and Nebraska established cancer drug repository programs that allow an individual, health care facility or drug manufacturer to donate cancer drugs or supplies needed to administer cancer drugs for use by those who meet eligibility criteria. Other states, including Arkansas, Georgia, Louisiana, Maryland, Oklahoma and Tennessee, enacted laws creating general prescription drug donation programs.
Electronic Monitoring and Internet Prescribing -- This is a relatively new trend, but one that gained momentum during the 2006 session. At least 16 states proposed legislation or passed laws to allow for the development and regulation of electronic transmission of prescription drug orders, as well as establishing Internet prescribing practices to provide increased protection for consumers purchasing prescription drugs over the Internet. Additionally, several states, including Iowa, Mississippi, South Carolina and Vermont, established electronic prescription drug databases to monitor the misuse, abuse and diversion of prescription drugs and controlled substances.
Marketing and Advertising -- Several states already require pharmaceutical manufacturers to disclose marketing expenses, including gifts to drug prescribers. During 2006, more than 20 states proposed legislation requiring marketing disclosures by drug manufacturers, regulating direct-to-consumer advertising of prescription drugs by pharmaceutical companies, and prohibiting prescription information from being sold for commercial purposes.
| Other Topics of Interest -- 13 states proposed legislation to create bulk prescription drug purchasing programs, with California, Oregon and South Carolina each passing a law to implement such a program. Many states put forth bills that would have created prescription drug importation or re-importation programs, however none has been signed into law during 2006.. Bills that would provide income tax deductions, modifications, incentives or credits for pharmaceuticals or prescription drug-related programs were proposed in 7 states; Louisiana passed a law that exempts prescription drugs purchased through a Medicare Part D plan from all local sales and use taxes. Cost containment also continues as a focus in some states, using measures to establish or modify preferred drug lists, and seek manufacturer rebates or discounts. Other ideas, such as regulation of mail order prescription drug sales, oversight of pharmaceutical wholesalers, privacy of pharmacy records, publicizing clinical trials, and establishing bulk or multi-state purchasing programs have emerged as visible trends during 2006. |
 |
NCSL's separate 2005 Prescription Drug State Legislation online report includes all other bills filed in 2005, including more than 125 bills that became law in 44 states. States with 2005 enacted laws are noted in Table 2 below, with a link to further information.
2006 Laws and Enacted Resolutions: So far, laws have been passed and signed in 36 states: Alabama, Arizona, California, Florida, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Illinois, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Jersey, New Mexico, New York, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, Washington and Wisconsin.
Bills have passed both chambers in Rhode Island and West Virginia. 2006 finally enacted measures were vetoed in Colorado and New York.
In addition, binding Executive Orders have been signed in Arizona, Minnesota, New Hampshire and Rhode Island. Non-binding resolutions have been adopted in California, Idaho, Illinois and North Carolina.
This tracking report is designed to be updated regularly; future editions will include bills filed during the session year. The report generally does not include legislation regulating only pharmacists and pharmacies, nor measures only affecting existing Medicaid plans. Topic codes listed for individual bills identify major topics, but may not include all provisions. Topic codes may include measures that would restrict, as well as expand, use of a particular policy.
Go to an individual state:
AL | AK | AZ | AR | CA | CO | CT | DE | FL | GA | HI | ID | IL | IN | IA | KS | KY | LA | ME | MD | MA | MI | MN | MS | MO | MT | NE | NH | NV | NJ | NM | NY | NC | ND | OH | OK | OR | PA | RI | SC | SD | TN | TX | UT | VT | VA | WA | WV | WI | WY |
TABLE 1: 2006 Rx Legislation Topic Summary
|
Prescription Drug Bill Major Topics |
Topic Code |
States with 2006 legislation
(Bold = passed by legislature; underline = law) |
|
Use of federal 340B discount price program |
340B |
CA, CO, CT, HI, MA, MN, RI |
|
Access to brand name Rx |
Brand |
AK, CT, DE, GA, IL, ME, MD, MA, MN, MS, NJ, OK, PA, RI, SC, TN, UT, VT, WV |
|
Multi-state or inter-agency bulk purchasing |
Bulk |
CA, CO, CT, MA, MI, MN, NY, NC, OK, OR, PA, RI, SC, UT |
|
Clearinghouse information |
CL |
AL, CA, CO, GA, IA, KY, MD, MA, MI, OK, TN |
|
Discount program |
D |
AK, CA, CO, GA, IL, IA, IN, KY, ME, MA, MI, MN, MO, NE, NH, NJ, NM, NY, OH, OK, OR, RI, SC, SD, TN, UT, VT, WA, WV |
| Electronically transmitted prescription drug orders and electronic prescribing practices, including electronic monitoring |
E |
FL, GA, ID, IA, KY, MD, MS, RI, SC, TN, VT |
Medicare Rx emergency and transition patches & fixes. Also see MMA topic, below and NCSL Report:
State Medicare Part D Transitional Coverage, 2006 |
Fix |
AZ, CA, ME, MA, MN, NH, NY, RI, TN, VT, WA |
|
Generic drug use |
Generic |
AK, ME, MD, MA, MI, MN, NJ, NY, OK, PA, SC, TN, UT |
|
Regulate drug importation or reimportation |
Imp |
CA, GA, KY, MA, MN, OH, OK, PA, RI, TN, VT, VA, WA |
| Regulate Internet pharmacies (also see "E" above) |
Internet |
ID, MA, MO, MS, NJ, PA, WI |
|
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 |
AK, AZ, CA, DE, GA, HI, ID, IA, KS, LA, MA, MI, MN, NE, NH, NY, OK, PA, RI, TN, UT, VT |
|
Medicare Prescription Drug Act (MMA) state changes |
MMA |
AK, AZ, CA, CT, GA, HI, ID, IL, IA, LA, ME, MD, MA, MI, MN, MO, NE, NH, NJ, NY, NC, PA, RI, SC, TN, UT, VT, WA, WV |
|
Regulation of pharmaceutical benefit managers |
PBM |
AL, CA, CO, CT, DE, GA, HI, IL, IL, KS, MD, MN, MO, MS, NC, NH, NJ, NM, NY, OK, PA, RI, SC, TN, VT, VA, WA, WV |
|
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 |
| Income tax deductions, incentives or credits for pharmaceuticals or Rx-related programs |
Tax |
CA, IL, LA, MD, MA, NY, WA |
| Disclose or regulate in-state Rx clinical trials |
Trials |
AK, CA, HI, KS, MN, NH, NY, OK, PA, RI, TN, VT |
| Regulate Rx wholesalers; prevent counterfeits |
Whole |
GA, IL, IN, MA, MN, MO, MS, NE, NJ, OH, OK, SD, TN, VA |
|
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 |
TABLE 2: 2006 Rx Legislation by State
Bills detailed in the table below are subject to consideration during 2006 state legislative sessions. 25 states allow for carry-over of 2005 bills into 2006. Because bill content and status change frequently, even daily, the bill status listed is simplified. For general schedules, see NCSL 2006 State Legislative Session Calendar]
Go to an individual state:
AL | AK | AZ | AR | CA | CO | CT | DE | FL | GA | HI | ID | IL | IN | IA | KS | KY | LA | ME | MD | MA | MI | MN | MS | MO | MT | NE | NH | NV | NJ | NM | NY | NC | ND | OH | OK | OR | PA | RI | SC | SD | TN | TX | UT | VT | VA | WA | WV | WI | WY |
State/bill/ web link / sponsor
yellow background = enacted |
Description / excerpts of bill text / status summary
Bill status may change frequently - check state legislative links on bill numbers below or legislative offices for the most recent actions. |
Topic
code |
AL
HB 171
Rep. Johnson |
Would provide for the regulation and licensing of pharmacy benefit managers.
(Filed and referred to committee 1/10/06; did not pass by end of regular session 4/18/06) | |
PBM |
AL
HB 593
|
Would authorize prescription drugs dispensed to patients at certain health care facilities to be donated and transferred to charitable clinics under certain conditions; also permits samples given to physicians to be donated and transferred to charitable clinics and charitable pharmacies.
(Filed 1/06; passed House ; in Senate at end of regular session 4/8/06) | |
Reuse |
AL
SB 75
|
FY07 Budget includes authorization for continued operation of the "Alabama SeniorRx: Partnership for Medication Access" clearinghouse program, including $2,001,125 appropriation "to ensure that Alabama SeniorRx services are maximized and that paperwork and inconvenience to the clients are minimized." Requires quarterly reports to the legislature on number of clients served, the number of prescriptions filled and the value of the drugs provided.
(Filed 1/06; passed by Senate and House; signed into law by governor as Act 2006-335, 4/8/06) |
CL |
AK
HB 452
Rep. Guttenberg |
Would create an Alaska Prescription Drug Task Force.
(Filed 2/13/06; did not pass committee by end of regular session 5/9/06) | |
D, Price, Study |
AK
HB 453
Rep. Guttenberg |
Would establish a program for prescription drug discounts.
(Filed 2/13/06; did not pass committee by end of regular session 5/9/06) | |
D |
AK
HB 454,
HB 457
Rep. Guttenberg |
Would require disclosure of certain drug marketing costs.
(Filed 2/13/06; did not pass committee by end of regular session 5/9/06) | |
Mkt |
AK
HB 455
Rep. Guttenberg |
Would affect prescriptions and generic drugs.
(Filed 2/13/06; did not pass committee by end of regular session 5/9/06) | |
Brand, Generic |
AK
HB 456
Rep. Guttenberg |
Would affect clinical trials of prescription drugs and biological products.
(Filed 2/13/06; did not pass committee by end of regular session 5/9/06) | |
Trials |
AK
HB 458
Rep. Guttenberg |
Would establish a "Fair Market Drug Pricing" program and Rx discount card.
(Filed 2/13/06; did not pass committee by end of regular session 5/9/06) | |
D, M, MMA, Price |
| AK |
(Also see 2005 enacted Rx laws) |
|
| AR |
NO 2006 REGULAR SESSION |
|
| AR |
(Also see 2005 enacted Rx laws) |
|
|
AZ
HB 2382
Rep. Groe |
Would require the Board of Pharmacy to establish a prescription medication repository program to accept and dispense prescription medications that are donated to the repository.
(Filed and referred to committee 1/17/06; passed House 55y-0n, 3/6/06; passed Senate 28y-0n, 4/4/06; signed into law by governor as Ch. 136, 4/17/06) |
Reuse |
AZ
HB 2479
Rep. Lopez |
Would require the Arizona Heath Care Cost Containment System (AHCCCS) to absorb the cost of persons’ prescription drug copayments who are dually eligible for Medicare and Medicaid and who did not have copayments before January 1, 2006, but who now do have copayments under Medicare Part D.
(Filed 1/19/06; did not pass committee by end of regular session) | |
Fix, MMA, S |
AZ
HB 2800
Rep. Burton Cahill |
Would require a licensed pharmacist or pharmacy to keep confidential prescription information containing identifiable patient and prescriber data and would prohibit the release or sale of this information for any commercial purpose. Any such release or sale of confidential prescription information would constitute unprofessional conduct.
(Filed and referred to committee 2/6/06; did not pass by end of regular session) | |
- |
AZ
HB 2863
Rep. Weiers |
FY 2006-2007 budget bill includes $1.5 million appropriations for payment of Part D copays for dual eligible enrollees, including acute, long-term care and behavioral health, administered by AHCCCS, the Medicaid agency. "The intent of the Legislature is that all Part D copayments will be covered as a state subsidy." Effective 7/1/06-6/30/07.
(Filed 5/16/06, passed House and Senate; signed into law by governor as Chapter 344, 6/21/06) | |
Fix, M, MMA, S |
AZ
EO 2006-01
Gov. Napolitano |
Transfers $500,000 (in increments of $50,000) from the Health Crisis Fund to the Arizona Heath Care Cost Containment System (AHCCCS) to pay for expenses that may be uncovered between 1/1/06 and 2/1/06. Eligible expenses include medications for dual eligible persons who have had organ or tissue transplants, who have life-threatening conditions, or who have not been assigned to a MediCare prescription drug plan.
(Executive Order #1 issued and signed by governor 1/13/06) |
Fix, MMA |
| AZ |
(Also see 2005 enacted Rx laws) |
|
|
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 72
Assm. Frommer |
Would establish the Patient Safety and Drug Review Transparency Act to ensure that information regarding clinical trials of prescription drugs is available to the public, physicians and researchers. Would prohibit a California-based institutional review board with responsibility for ensuring the protection of human subjects involved in clinical trials from approving any clinical trial related to a prescription drug unless the sponsor certifies in writing that it (1) will register the clinical trial, no later than 21 days after its approval by the institutional review board, with a government sponsored and public clinical trial registry, (2) will publish the results of the study, and (3) has complied with the registry and publication requirements for any prior clinical trial that was approved by the board. Includes state civil penalty of $1,000 for failure to comply.
(Filed 1/3/05; sent to committees; did not pass committee by deadline 1/31/06) | |
Trials |
|
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 132
Rep. Nunez |
This law requires the state, beginning on January 12, 2006, and concluding 15 calendar days later, to provide drug benefits to a Medicare-eligible person who is also eligible for Medi-Cal prescription drug benefits and who is not able to obtain drug benefits from his or her prescription drug plan under the Medicare Program. The bill would allow the Governor to extend coverage for these drug benefits from the close of the initial 15-day period for up to an additional 15-calendar-day period.
(Filed 1/13/06; reactivated 1/17/06; signed into law by governor as Chapter 2, Statutes of 2006, 1/20/06) | |
Fix, M, MMA |
|
CA
AB 225 
Assm. McLeod |
Changes law about electronic Rx prescribing information sharing, by allowing nonmonetary payment to providers for equipment, constistent with MMA regulations.
(Filed and referred to committee 2/3/05; passed Assembly 75y-0n, 4/18/05; passed Senate 40y-0n, 8/16/06; signed into law by governor as Chapter 698 of 2006, 9/29/06) | |
MMA |
|
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
AB 813
Assm. Nunez |
Allocates $120 million to extend the Part D "emergency" program (previously authorized in AB 132) from May 17, 2006 to March 2007. The program is designed to "make whole" the dual eligible population, by allowing the department "to provide to a full-benefit dual eligible beneficiary, on an emergency basis only, coverage for a drug or drugs not included on the full-benefit dual eligible beneficiary’s prescription drug plan’s formulary or by prior authorization under Part D" for which federal financial participation is not available.
(Filed 2/18/05; passed Assembly 6/1/05; passed Senate 30y-5n 5/11/06; repassed Assembly 66y-5n, 5/15/06; signed into law by governor as Chapter 24, Statutes of 2006, 5/15/06) |
Fix, MMA, S |
CA
AB 1930
Assm. Berg |
Would require the Department of Health Services (DHS) to provide Medi-Cal drug benefit coverage, including retroactive coverage, during any period in which drugs are provided to a resident of a long-term health care facility if that resident is Medicare eligible at the time of admission to the facility and the resident applies for and is determined eligible for full benefits under the Medi-Cal program for the period in which the drugs are provided.
(Filed and referred to committee 2/1/06; favorable committee report 3/27/06; did not pass committee by end of regular session 8/31/06) | |
MMA |
CA
AB 1937
Assm. DeVore |
Would exclude from state gross income any federal subsidy payment made to a taxpayer for providing a retired employee a qualified prescription drug plan.
(Filed and referred to committee 2/1/06; did not pass committee by end of regular sesison 8/31/06) | |
Tax |
CA
AB 2170
Assm. Chan |
Would require the existing Gallegos-Rosenthal Patient Advocate Program to include information in the report card on the quality of care and access provided by Medicare drug plans and stand-alone prescription drug plans under Medicare Part D. (The Gallegos-Rosenthal Patient Advocate Program represents the interests of enrollees of health care service plans, and one of its functions is to create a quality of care report card on health care service plans.)
(Filed and referred to committee 2/21/06; passed Assembly 5/31/06; passed Senate 8/23/06; vetoed by governor 9/29/06) | |
MMA, - |
CA
AB 2730
Assm. Nation |
Would prohibit the department from entering into a contract for a drug, and from placing a drug on the Medi-Cal contract drug list, if the drug has been promoted in California through the use of direct-to-consumer advertising.
(Filed and referred to committee 2/24/06; did not pass committee by end of regular session 8/31/06) | |
Mkt |
CA
AB 2877
Assm. Frommer |
Establishes the California RxPrescription Drug Web Site Program, which would provide information to California residents about options for obtaining prescription drugs at affordable prices. The site "shall include price comparisons of at least 150 commonly prescribed prescription drugs, including typical prices charged by licensed pharmacies in the state" by July 2008. The web site could also provide information about drug importation.
Requires the CA Department of General Services, University of California, and the Public Employees’ Retirement System "regularly meet and share information regarding each agency’s procurement of prescription drugs in an effort to identify and implement opportunities for cost savings." Requires the state to "participate in at least one independent association" that evaluates Rx effectivessness.
(Filed 2/24/06; passed Assembly 5/31/06; passed Senate 22y-14n, 8/31/06; signed into law by governor as Chapter 720 of 2006, 9/29/06) | |
Bulk, Imp, Price |
CA
AB 2911
Assm. Nunez |
Establishes the California Discount Prescription Drug Program within the Department of Health Services. The voluntary drug discount program includes: 1) individuals with annual income to 300% of the federal poverty guidelines, 2) persons or families facing extraordinary medical expenses equal to at least 10 percent of annual income, or 3) is enrolled in the Medicare Program, but whose prescription drugs are not covered by the
Medicare Program. The program excludes persons who receive coverage in whole or in part by Medi-Cal (Medicaid), state-funded health programs like the Healthy Families Program or "another third-party payer, provided that the individual has not reached the annual limit on his or her prescription drug coverage." Also requires the Department to negotiate drug discount agreements with drug manufacturers " and shall attempt to negotiate the maximum possible discount" and pursue manufacturer rebate agreements for drugs in each therapeutic category, with such manufacturer price disclosures defined as confidential. Law also includes a mechanism allowing the state to remove a manufacturer’s product from the state’s Medi-Cal preferred drug formulary and "may require prior authorization" if the drug company does not provide sufficient discounts. The use of prior authorization option takes effect August 2010. The state also will "encourage a participating manufacturer to maintain those private discount drug programs" that provide more favorable discounts, including simplified single-point-of-entry" applications.
(Filed 2/24/06; passed Assembly 48y-32n, 5/31/06; passed Senate 25y-12n, 8/29/06 signed into law by governor as Chapter 619 of 2006, 9/29/06) |Legislative news release 8/30/06 |
CL, D, M, PDL |
CA
AB 3041
Assm. Pavley |
Would allow an individual enrolled in the health plan offered by the Peace Officers Research Association (PORAC) to also enroll in a prescription drug plan under Medicare Part D.
(Filed and referred to committee 2/24/06; passed Assembly 5/4/06; passed Senate 8/23/06; signed into law by governor as Ch. 326, 9/18/06) |
MMA |
|
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 163
Sen. Scott
|
Would require a pharmaceutical company entering into a contract with an agency of the state to disclose the percentage of its national operating budget that is expended on marketing purposes, and the percentage of its national operating budget expended on research and development. The bill would prohibit a state department or agency from entering into a contract with a pharmaceutical company in the absence of that disclosure.
(Filed and referred to committee 5/24/05; passed Senate 22y-15n, 5/31/05; carried over from 2005; did not pass Assembly committee 6/20/06) | |
Mkt |
|
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 |
As part of a universal health plan, would use the purchasing power of the state to negotiate price discounts and bulk rates for prescription drugs and durable and nondurable medical equipment for use by the California Health Insurance System.
(Filed and referred to committee 2/22/06; passed Senate 25y-15n, 5/31/06; passed House 45y-33n, 8/28/06; vetoed by governor, 9/22/06; reconsideration of veto pending 10/2/06) |
Bulk |
CA
SB 1683
Sen. Scott |
Would require a pharmaceutical company that sells, delivers or gives away pharmaceutical drugs within the state to make publicly available every new and ongoing clinical trial, the results of every completed clinical trial, and an explanation of noncompletion for any uncompleted clinical trial that the company conducts or sponsors. Includes provision for a civil penalty if a company fails to report to the state.
(Filed 2/24; favorable committee report 4/19/06; did not pass by end of regular session 8/31/06) | |
Trials |
CA
SB 1691
Sen. Runner |
Would establish the California State Pharmacy Assistance Program within the department to provide discount prescription drugs for low-income uninsured Californians.
(Filed and referred to committee 2/27/06; set for hearing 4/19/06; did not pass by end of regular session 8/31/06) | |
D |
CA
SB 1702
Sen. Perata |
Would establish the California State Pharmacy Assistance Program, to be administered by the State Department of Health Services, and would establish eligibility criteria for California residents to participate in the program.
Note: all pharmaceutical provisions were amended and deleted by the Assembly on 8/31/06 - see AB 2911 above.
(Filed 2/27/06; passed Senate 6/1/06; passed Assembly without Rx sections 8/31/06; signed into law by governor , as Ch. 683, 9/29/06) |
D |
CA
SB 1729
Sen. Soto |
Would amend the Public Employees Medical and Hospital Care Act to provide the CalPERS Board of Administration maximum flexibility for the implementation of Medicare Part D.
(Filed 2/24/06; passed Senate 5/11/06; passed Assembly 8/31/06; vetoed by governor, 9/29/06; reconsideration of veto pending 10/4/06) |
MMA |
CA
SJR 25
Sen. Figueroa |
Would urge the United States Trade Representative to take specified actions regarding international trade agreements and pharmaceutical drug programs.
(Filed 3/6/06; adopted/passed by Senate 5/11/06; did not pass Assembly by end of regular session 8/31/06) | |
- |
CA
AJR 40
Rep. Chan |
Urges Congress to pass H.R. 3861 (the "MediCare Informed Choice Act of 2005"), which would extend the deadline for enrollment in Medicare Part D until December 31, 2006, permit Medicare beneficiaries to change plans once in 2006 if they have made a poor selection, and protect those with retiree health benefits who may not be aware that purchasing Medicare drug coverage could cost them their retiree benefits.
(Filed 1/19/06; adopted/passed by Assembly 4/14/06; adopted/passed by Senate 5/25/06; Chaptered by Secretary of State as Res. Chapter 60, 6/1/06) |
Fix |
CA
AJR 49
Rep. Nation |
Requests that the United States Food and Drug Administration aggressively monitor and regulate direct-to-consumer advertising of prescription drugs by pharmaceutical companies, and would memorialize the President and the Congress to ban that advertising.
(Filed and referred to committee 4/3/06; adopted by Assembly 5/25/06; adopted by Senate 8/22/06) |
Mkt |
| CA |
(Also see 2005 enacted Rx laws) |
|
|
CO
HB 06-1100
Rep. Frangas |
Would require the General Assembly to enact a statute to create the Colorado Discount Drug Program, which will be a negotiated drug purchasing program. Would also refer the question of whether the General Assembly should enact such a statute to Colorado voters at the next general election.
(Filed and referred to committee 1/13/06; did not pass House third reading 5/2/06) | |
D |
CO
HB 06-1252
Rep. Frangas |
Would establish the "Colorado Care Rx Program," which would allow any eligible person, political subdivision of the state or business to purchase prescription drugs at the discounted rate negotiated by the entity administering the program. Would create the "Colorado Rx Clearinghouse" to provide medically necessary prescription drugs through patient assistance programs sponsored by pharmaceutical drug manufacturers, drug wholesalers or retail pharmacies and the program. Would require the administering entity to maximize prescription drug discounts through the use of the federal 340B drug pricing program.
(Filed and referred to committee 1/31/06; did not pass House committee 5/1/06) | |
D, Price, 340B, CL |
CO
SB 06-1
Sen. Hagedorn |
Would require the Department of Health Care Policy and Financing to apply for federal authorization to enter into a multi-state drug purchasing pool for the benefit of Colorado's Medicaid recipients and eligible low-income residents; would establish the Colorado Cares Rx Program to allow for the purchase of discounted prescription drugs and authorize use of a preferred drug list; would require a pharmaceutical manufacturer to annually disclose to the Medical Services Board specific expenditure information, including expenditures for direct marketing to consumers and lobbying; would require the Board to disclose expenditure information to the public via the Internet; would refer the question of whether Colorado should enact these cost-saving measures to Colorado voters at the next general election.
(Filed 1/1/06; passed Senate 25y-10n, 4/26/06; passed House 64y-1n, 5/3/06; vetoed by governor 5/26/06) | |
Bulk, D, Mkt, PDL |
CO
SB 06-164
Sen. Keller |
Would require a pharmacy benefits manager to disclose any conflicts of interest to a covered entity; would prohibit a pharmacy benefits manager from requiring a pharmacist to participate in one contract as a requirement to participate in another contract; would require periodic audits; would make the information disclosed to a covered entity a trade secret.
(Filed and referred to committee 1/30/06; passed Senate 21y-13n, 2/27/06; did not pass House committee by end of session 3/20/06) | |
PBM |
| CO |
(Also see 2005 enacted Rx laws) |
|
CT
HB 5005
Rep. Janowski |
Would ensure that ConnPACE recipients who are required to enroll in the Medicare Part D program continue to receive their prescription drugs in quantities that are the equivalent of what such persons received prior to the implementation of the Medicare Part D program.
(Filed and referred to committee 2/8/06; did not pass by end of regular session) | |
MMA |
CT
HB 5636
Human Services Comm. |
Would lower the ConnPACE copayment requirement from $16.25 to $10.25.
(Filed and referred to committee 3/1/06; did not pass by end of regular session) | |
MMA |
CT
HB 5637
Human Services Committee |
Would allow recipients of prescription drug benefits under the Medicaid, state-administered general assistance and ConnPACE programs access to a temporary supply of a brand name prescription drug in the absence of prior authorization for such drug in emergency situations.
(Filed and referred to committee 3/1/06; did not pass by end of regular session) | |
Brand |
CT
SB 2
Sen. Prague |
Would increase the state's purchasing power by joining with other states to purchase prescription drugs.
(Filed and referred to committee 2/8/06; did not pass by end of regular session) | |
Bulk |
CT
SB 450
General Law Committee |
Would allow for the rapid transfer and dispensing of medications and to create a mechanism for the Department of Consumer Protection to obtain the location of specific medications in the event of an emergency.
(Filed and referred to committee 2/28/06; public hearing 3/7/06; did not pass by end of regular session) | |
- |
CT
SB 483
Ins./Real Estate Comm. |
Would provide greater transparency and disclosure between pharmacy benefit managers and the entities which employ them to manage their prescription drug benefit plans.
(Filed and referred to committee 3/1/06; did not pass by end of regular session) | |
PBM |
CT
SB 580
Public Health Comm. |
Would establish standards and disclosure requirements for pharmacy benefits managers.
(Filed and referred to committee 3/3/06; did not pass by end of regular session) | |
PBM |
CT
SB 648
Public Health Comm. |
Would allow any Federally Qualified Health Center that has received Department of Social Services funds to establish a “§ 340B” affordable pharmaceutical drug program for qualified low-income patients or expand an existing drug program to include qualified low-income patients according to “§ 340B,” to use these funds for administrative, operational and capital costs associated with the programs.
(Filed and referred to committee 3/9/06; passed Senate 4/27/06; did not pass House by end of regular session) | |
340B |
| CT |
(Also see 2005 enacted Rx laws) |
|
|
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 |
Would establish standards and criteria for the regulation, solvency and licensing of Pharmacy Benefit Managers. This Act is designed to promote, preserve and protect the public health, safety and welfare by and through effective regulation of Pharmacy Benefit Managers practices.
(HB 516 filed and referred to committee 6/21/06; HB 541 filed and referred to committee 6/29/06; no action taken before end of session 6/30/06) | |
PBM |
| DE |
(Also see 2005 enacted Rx laws) |
|
FL
HB 371
Rep. Harrell |
Establishes and maintains a cancer drug donation program under which a person, health care facility, hospital, pharmacy, drug manufacturer, medical device manufacturer or supplier, wholesaler of drugs or supplies, or any other entity may donate cancer drugs or supplies needed to administer cancer drugs for use by an individual who meets eligibility criteria specified by the Department of Health by rule. A person who is eligible to receive cancer drugs or supplies under the state Medicaid program or under any other prescription drug program funded in whole or in part by the state is ineligible to participate in the program.
(Filed and referred to committee 11/10/05; passed House 116y-0n, 4/25/06; passed Senate with amendments 38y-0n, 5/5/06; passed House as amended 93y-20n, 5/5/06; signed into law by governor as Ch. 2006-310, 6/27/06) |
Reuse |
FL
HB 1541
Rep. Slosberg |
Would authorize the Agency for Health Care Administration and the Department of Management Services to conduct studies to determine the cost savings associated with the importation of pharmaceuticals for state Medicaid recipients, as well as for members of the state group health insurance plan. The purpose of this bill would be to discover more fically responsible pharmaceutical purchasing practices for state-funded prescription plans.
(Filed and referred to committee 3/7/06; died in committee 5/5/06) | |
Study |
|
FL
HB 7125
Rep. Garcia
SB 1408
Health Care Comm. |
Would allow for the development and regulation of electronic prescribing practices and provides protection for consumers, including the prohibition of advertising. This bill would establish information that must be contained in electronic prescriptions and provides mechanisms to ensure that patients receive brand name drugs, when such drugs are medically necessary, instead of generic substitutes when prescribed electronically. This bill would also establish disclosure and confidentiality requirements for medical and prescription records.
(HB 7125 filed and referred to committee 3/15/06)
(SB 1408 filed and referred to committee 1/13/06; passed Senate 37y-0n, 3/29/06; passed House 118y-0n, 5/3/06; signed into law by governor as Chapter 2006-271, 6/22/06) |
E, Mkt |
FL
SB 1310
Sen. Clary |
Would create the "Cancer Drug Donation Program Act," which would establish the Cancer Drug Donation Program within the Department of Health.
(Filed and referred to committee 1/31/06; substituted HB 371, which was signed into law by governor as Ch. 2006-310, 6/27/06) |
Reuse |
|
FL
SB 1332
Sen. Fasano |
Would require the Agency for Health Care Administration to collect data on retail prices charged by pharmacies for the 100 most frequently prescribed medications.
(Filed and referred to committee 1/10/06; substituted HB 7073, which was signed into law by governor as Ch. 2006-261, 6/20/06) |
Price |
| FL |
(Also see 2005 enacted Rx laws) |
|
|
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 430,
HB 1178
Rep. Hill, Rep. Cooper |
Would enact "Karon´s Law" to provide for the establishment and operation of a drug repository program to accept and dispense donated prescription drugs; and defining who is authorized to donate drugs; defining entities that may accept and dispense donated drugs; and limit the liability for drug manufacturers and for persons and entities participating in the program.
(Filed and referred to committee 2/14/05; carried over to 2006 from 2005 regular session.
HB 1178 passed House 166y-0n, 3/9/06; passed Senate 32y-15n; signed into law by governor as Ch. 468, 4/18/06) |
Reuse, Liability |
|
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 907
Rep. Reece |
Would enact the "Wholesale Licensure and Prescription Medication Integrity Act," which provides for license requirements and procedures for wholesale distributors of prescription drugs.
(Filed and referred to committee 3/31/05; re-reported to committee 1/9/06; passed House 163y-3n, 3/13/06; did not pass Senate by end of regular session) | |
Whole |
GA
HB 1364
Rep. Sheldon |
Would create the "Georgia Medicare Part D Authorized Decision Makers Act," which would meet the pharmaceutical needs of disabled adults and elder persons who need to purchase an insurance product to provide for their prescription drugs and lack the capacity to do so on their own and have no authorized representative to do so on their behalf.
(Filed and referred to committee 2/16/06; passed House 152y-1n, 3/6/06; did not pass Senate by end of regular session) | |
MMA |
|
GA
HB 1507
Rep. Stephens |
Would prohibit prior authorization for a prescription drug that a drug manufacturer provides to a community pharmacy at the lowest price of a pricing structure.
(Filed and referred to committee 3/1/06; did not pass by end of regular session) | |
Price |
GA
HR 1767
Rep. Drenner |
Non-binding resolution, commends the Together Rx Access Card program and its participating pharmaceutical companies for their efforts to help uninsured Georgia residents gain greater access to prescription products.
(Filed, referred to committee and adopted 3/9/06) |
Brand, D |
|
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 |
GA
SB 397
Sen. Goggans |
Would require that electronically transmitted prescription drug orders may only be transmitted by the prescribing practitioner and must be transmitted directly to the patient's pharmacy of choice with no access by intervening persons. For the purposes of this bill, electronically transmitted prescription drug orders would be considered confidential.
(Filed and referred to committee 1/10/06; did not pass by end of regular session) | |
E |
|
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, - |
HI
HB 1869
Rep. |
Would require that a prescription drug manufacturer post on the publicly accessible Internet web site of the federal National Institutes of Health or another publicly accessible web site, the name of the entity that conducted the clinical trial, a summary of the, the dates of the trial, and the results of the clinical trial, including potential or actual adverse effects of the drug. Would also require that a manufacturer may not present a regulated advertisement, unless that advertisement meets federal and state requirements concerning misbranded drugs and devices and prescription drug advertising. Effective date would begin October 15, 2007.
(Filed and referred to committee 1/19/06; passed House, 3/3/06; favorable Senate committee report 3/24/06; measure deferred 4/4/06; did not pass by end of 2006 regular session) | |
Mkt, Trials |
HI
HB 1872
Rep. Takumi |
Would make it illegal for any drug manufacturer or drug manufacturer's licensee, excluding a point of sale retail seller, to sell or supply for sale a patented prescription drug at an excessive price or impose minimum resale requirements for a patented prescription drug that results in the prescription drug being sold in the State of Hawaii for an excessive price.
(Filed and referred to committee 1/19/06; committee recommends measure be deferred 2/23/06; did not pass by end of 2006 regular session) | |
Price |
HI
HB 1873
Rep. Takumi |
Would prohibit prescription records containing identifiable patient and prescriber data from being sold for commercial purposes.
(Filed and referred to committee 1/19/06; passed House, 3/7/06; did not pass by end of 2006 regular session) | |
- |
HI
HB 1875
Rep. Schatz |
Would lower prescription drug costs for individuals, businesses, and the state and protect the health of Hawaii residents by deterring the practice of unethical gift giving by drug manufacturers. This bill would require drug manufacturers to disclose the value, nature and purpose of any gift, fee, payment, subsidy or other economic benefit in excess of $25 that is provided in connection with detailing, promotional or other marketing activities by the manufacturer to any physician, hospital, nursing home, pharmacist, health benefit plan administrator or any other person in the state authorized to prescribe, dispense or purchase prescription drugs.
(Filed and referred to committee 1/19/06; committee recommends measure be deferred 1/30/06; did not pass by end of 2006 regular session) | |
Mkt |
HI
HB 2046
Rep. Shimabukuro |
Would prohibit any drug manufacturer, excluding a point of sale retail seller, from selling or supplying for sale a patented prescription drug for an excessive price or imposing minimum resale requirements for a patented prescription drug that results in the prescription drug being sold for an excessive price.
(Filed and referred to committee 1/20/06; did not pass by end of 2006 regular session) | |
Price |
|
HI
HR 60
HCR 80
Rep. Takumi |
Would request that the President and Congress of the United States adopt the following changes to the Medicare Part D Program: (1) eliminate the penalty for all Medicare-eligible individuals enrolling after May 15, 2006; (2) permit prescription drug plans to drop coverage of drugs on their formularies only after advance notice; (3) standardize the formulary design; (4) modify the requirements for what can be counted toward the Medicare beneficiaries' "true out-of-pocket cost," or "TROOP," (5) ensure transparency so that states know the cost negotiated by the prescription drug plan; and (6) institute price negotiations for the purchase of prescription drugs for the Medicare program.
(Filed and referred to committee 3/13/06; HR 60 did not pass by end of 2006 regular session; HCR 80 adopted in final form 4/24/06) | |
MMA |
|
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 |
|
