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Health Program

2008 Prescription Drug State Legislation New item

  Updated May 5, 2008 -  Subject to additions and regular updates during session months.
      Introduction    |  50-State Map  |  Rx Summary - Table 1   |   Rx Bills by State - Table 2   |   Rx Resources


The total U.S. spending on pharmaceuticals are projected to top $247 billion in 2008, while more than 120 million Americans take one or more prescription medications regularly in a year.  These facts help explain why, in 2008, prescription drug policies continue to attract widespread attention and action in state capitols.  [1] 

So far, more than 540 pharmaceutical bills and resolutions are under consideration in at least 41 states plus DC; 100+ have been newly filed for 2008 legislative sessions while the rest are carried over from last year.  First-time new measures usually are noted with a "New item" icon.  NCSL's separate 2007 Prescription Drug State Legislation online report contains all bills filed for 2007, including 105  bills and resolutions that became law or were signed in 41 states, districts and territories. 

Proposed policies cover a wide range of state-sponsored approaches, from creation of subsidies or discount programs, to promoting safer pharmaceuticals and regulating the management, marketing and distribution of prescription products.

The following are examples of widespread or "hot" topics in 2007-08:

Expanding Access: Discount and Subsidy Programs -- A majority of states have established subsidy or discount programs to reduce prescription drug costs and provide direct relief to qualified low-income residents.  In 2006-07, many states retooled their discount and subsidy programs to include Medicare Part D provisions; in 2008 proposed expansions and/or changes again are on the table in 15+ states. 

Rx Pill bottle

Marketing and Advertising -- A few states already require pharmaceutical manufacturers to disclose marketing expenses, including gifts to drug prescribers.  During 2008, at least 20 states propose legislation requiring marketing disclosures by drug manufacturers, regulating direct-to-consumer advertising of prescription drugs by pharmaceutical companies or prohibiting prescription information from being sold for commercial purposes.  The District of Columbia passed such a bill in January '08.

Privacy and "Data Mining" - In 2006 New Hampshire became the first state to prohibit the sale or redistribution of prescription sales record information that identified patients or prescribers.  In 2008, at least 12 states have similar proposals, using examples from 2007 laws signed in Maine and Vermont.

Medicare Part D Wrap Around Benefits and Services -- Although federal Medicare pharmaceutical plans appear more stable this year, a dozen states are considering 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.  Most bills reference the Medicare Modernization Act or "MMA."

Pharmacy Benefit Managers (PBMs) -- At least 13 states are proposing 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/or mandate full disclosure of drug costs and financial contracts.  Maryland passed a package of bills described in-state as the "most comprehensive in the nation."

Prescription Drug Reuse/Recycling -- Allowing or encouraging donation of unused pharmaceutical drugs is a popular idea - nine states passed such laws in 2006. For 2008 interest continues in 10 states, with some of the focus on 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. 

Electronic Monitoring and Internet Prescribing -- This is a relatively recent trend which gained momentum during the past three years. Proposed laws would 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 more states seek to establish electronic prescription drug databases to monitor the misuse, abuse and diversion of prescription drugs and controlled substances. In August Alaska became the final state to change laws and regulations to allow for e-prescribing.

Comprehensive Health Reforms -- At least six states in 2008 are proposing "comprehensive" health expansions that include pharmaceutical policies as a visible component.  Some measures have been approved by Task Forces or Commissions but not yet seen action in legislatures; see "Reform" summary below.

Other Topics of Interest -- Several states propose legislation to create bulk prescription drug purchasing or multi-state purchasing programs; others are considering bills to create prescription drug importation or re-importation programs.  Bills providing for income tax deductions, incentives or credits for pharmaceuticals or prescription drug-related programs were proposed in some states. 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, local pharmacy audits and publicizing clinical trials also are possible trends during 2008. 

Drug Bills in 2008

2008 Laws and Enacted Resolutions:  So far this year, the District of Columbia enacted a law to require licensing of pharmaceutical representatives and restrict gifts. Kansas created a  law allowing collection and reuse of individually packaged pharmaceuticals from medical care and mail order facilities. Maine authorized expanded use of 340B discounts and higher dispensing fees for Medicaid generics.  Maryland passed a package of bills regulating pharmacy benefit managers.  Nebraska created a Medicaid "cost-effective" PDL, multi-state bulk purchasing and restricted the use of automated dispensing.  New Mexico modified a discount program for high risk populations. Utah passed a law expanding use of 340B discounts through Medicaid.  Virginia passed a law to establish and publicize a toll-free number to provide a clearinghouse on free and discount Rx programs. West Virginia enacted funding for the Office of Pharmaceutical Advocate.
Passed both chambers:  Maryland has passed 13 bills related to PBMs and a clearinghouse. Virginia adopted a resolution regulating financial incentives for product substitutions.

This tracking report is designed to be updated regularly; future editions will include additional bills filed during the session year.  The report generally does not include legislation regulating only pharmacists and pharmacies, prescriptive authority, use of individual products or controlled substances nor measures solely affecting existing Medicaid plans.  For example, bills affecting only epilepsy treatment substitutions usually are not listed. 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 | DC | 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: 2008 Rx Legislation Topic Summary 

Prescription Drug Bill Major Topics

Topic Code

States with 2008 legislation  [Subject to additions]
(Bold = passed by legislature; underline = law)

Use of federal 340B discount price program

340B

AK, HI, KS, ME, MA, NH, OK, TN, UT, VT

Access to brand name pharmaceutical products

Brand

CO, GA, MA, MI, NH, NJ, NY, PA, TN, VA, WA, WV, WI

Multi-state or inter-agency bulk purchasing

Bulk

HI, IA, ME, MA, MI, NE, NM, NY, OH

Clearinghouse information

CL

CO, HI, IL, MD, MA, NJ, NM, NY, OK, SD, VA, WV

Discount program

D

HI, IL, IA, KS, MA, MI, MN, NE, NH, NM, NJ, NY, OK, PA, TN, WV

Electronically transmitted prescription drug orders; electronic prescribing practices, including electronic monitoring

E

CA, GA, HI, IL, MA, MN, NH, NY, OH, PA, SC, TN, VT, WA

Generic drug use

Generic

CO, GA, MA, MI, NE, NH, NJ, NY, PA, TN, VA, WA, WV

Regulate drug importation or reimportation

Imp

FL, HI, IN, IK, MA, NY, OK, TN

Regulate Internet pharmacies (also see "Electronic" above)

Internet

IL, IA, MA, NY, SC

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

Label

CA, CT, GA, HI, IL, MA, MI, NY, OK, SC, TN

Protect Rx manufacturers or providers from lawsuits

Liability

HI, MI, NY

Mail-order pharmaceuticals (also see PBM)

Mail

CO, GA, MA, NH, NY, PA, RI, SC, VT

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

Mkt

AZ, CA, DC, HI, IL, KS, MD, MA, MS, NE, NH, NJ, NY, OK, RI, SC, SD, TN, VT, WA, WI

Medicaid (partial list; see notes)

M

AK, CO, GA, HI, IL, IA, ME, MN, NE, NH, NJ, NY, OK, TN, UT, WV

Medicare Prescription Drug Act (MMA) state changes

MMA

CA, HI, IL, KY, MD, MA, MN, MO, NH, NJ. NY, OK, RI, WV, WI

Regulation of pharmaceutical benefit managers

PBM

DE, GA, IL, IA, KS, MD, MI, MN, MS, NH, NY, SC, VT, WA, WV

Preferred Drug List

PDL

GA, HI, ME, MA, MO, NE, NM, OK, TN, NY, WV

Relates to pricing of pharmaceuticals

Price

AK, CA, CO, GA, HI, IL, IA, ME, MA, MI, MN, MO, NE, NH, NM, NY, RI, SD, VT, VA, WA, WV, WI

Restricting sale or disclosure of Rx sales with patient or prescriber info.

Privacy

AZ, CA, DC, HI, IL, KS, MD, MA, MO, NH, NC, RI, SC, VT, WA

Comprehensive health reform with an Rx component

Reform

CA, CO*, IA, MO, NM, SD* [* = not yet filed with legislature]

Reuse or recycling of pharmaceuticals

Reuse

AK, CO, IL, KS, MA, MN, NE, NM, NY, OK, PA, SC, WV

State Rx Subsidy program

S

CA, HI, IL, KY, MA, MN, MO, NE, NH, NJ, NM, NY, PA, RI, SD, WV, WI

Safety issues

Safety

AZ, CT, GA, KS, MA, NY, OK, RI

Study or task force on Rx

Study

AK, NY, OK, PA

Income tax deductions, modifications, incentives or credits for pharmaceuticals or prescription drug-related programs

Tax

IL, MD, MA, NY, WA, WI

Disclose or regulate in-state Rx clinical trials

Trials

IL, MA, NY, WA, WI

Regulate Rx wholesalers; preventing counterfeits

Whole

CO, IL, IA, KS, KY, MA, NY, OK, TN, WA

Other Rx policy

-

HI, ME, MI, MN, NH, NY, OH, PA, VT

 

TABLE 2: 2008 Rx Legislation by State

Bills detailed in this table are subject to consideration during 2008 state legislative sessions.  Six states are are out of session for 2008 (AR, MT, ND, NV, OR, TX).  Because bill content and status change frequently, even daily, the bill status listed is simplified.  For general schedules, see NCSL 2008 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 # / Sponsor  Description  Topic Code
AZ
HB 2562
Rep. Anderson
 Would specify what medical practitioner information could be disclosed to drug manufacturers.
(Filed 1/18/08; held in committee 4/19/08)New item		 Mkt, Privacy
AZ
SB 1078
Sen. Allen		 Allows antibiotics or antimicrobials dispensed to a person believed to be at substantial risk because of that person's contact with an individual who has been diagnosed with a communicable disease.
Deleted from final bill: Changes the the definition of unprofessional conduct in medicine; related to prescribing, dispensing or furnishing a prescription medication without first conducting a physical examination of the recipient or having had a prior doctor-patient relationship, indirectly regulating internet and mail order sales.
(Filed 1/28/08; passed Senate 26y-3n, 2/19/08; passed House 58y-0n, 4/1/08; signed into law by governor as Chapter 12, 4/4/08) |New item

Safety

Internet, Mail

AZ
SB 1250
Sen Burton-Cahill		 Would require full disclosure of specified prescription marketing costs.
(Filed 1/18/08; held in committee 4/19/08) New item		 Mkt
AK
HB 81
Rep. Guttenberg
 Would establish the Alaska Prescription Drug Task Force to consider strategies to manage the increasing costs of prescription drugs and to increase access to affordable prescription drugs for all state residents.
(Filed 1/5/07; did not pass by end of sessions 5/16/07, 4/13/08) |		 Study
AK
HB 82
Rep. Guttenberg		 Would place requirements on pharmacies related to discount pricing including requiring that any 340B "covered entity
may not purchase a covered outpatient drug for a price that is higher than the 340B discounted price; requires the Department of Health and Social Services to conduct a study pertaining to prescription drug discounts and report the results to the legislature.
(Filed 1/16/07; did not pass by end of sessions 5/16/07, 4/13/08) |		 340B, Price, Study
AK
HB 140,
SB 87
Rep. Gara
 Would impose a beneficiary copayment of 20 percent for prescription drug costs and medical services covered under the Medicaid program for enrollees whose household income is between 250 and 350 percent of the federal poverty; would expand coverage for eligible children and pregnant women.
(Filed 1/5/07, 3/14/07; did not pass by end of sessions 5/16/07, 4/13/08) |		 M, Price
AK
HB 304
Rep. Nelson		 Would establish a cancer drug repository for redistribution to recipients of medical assistance within the Department of Health and Social Services; authorizes the Board of Pharmacy to set standards for the cancer drug repository and redistribution program.
(Filed 1/15/08; did not pass committee 2/28/08) | New item		 Reuse
AR  No regular session in 2008  
CA
AB 851
Assm. Brownley		 Would require a pharmacist to include a large print informational insert with any dispensed prescription that poses substantial risk when taken in combination with alcohol or other medications, warning of the risks involved, as specified.
(Filed 2/22/07; carried over to '08; passed Assembly and sent to Senate 1/29/08) 		Label

CA
AB 1276
Assm. Carnett

 Would eliminate the labeling requirement pertaining to the condition for which the drug was prescribed. Requires the container to be labeled with the intended purpose of the drug if indicated on prescription if the patient desires.
(Filed 2/26/07; did not pass committee, 4/24/07; did not pass Assembly by deadline 1/31/08) 		Label
CA
AB 1399
Assm. Richardson

Would require a prescription drug label, upon request of a blind or visually impaired customer, to be readable by an assistive technology device for the blind or visually impaired.
(Filed 2/23/07; did not pass Assembly by deadline 1/31/08)

Label
CA
AB 1587
Assm. De La Torre		 Would prohibit a provider of health care, a health care service plan, contractor, or corporation and its subsidiaries and affiliates from intentionally sharing, selling, using for marketing, or otherwise using any medical information, as defined, for any purpose not necessary to provide health care services to a patient. 
(Filed; AB 1587 passed Assembly, 70y-6n, 5/27/07; re-sent to Senate committee 1/31/08  		Mkt, Privacy
CA
AB 2842
Assm. Berg

Would regulate and restrict on "deceptive marketing of Medicare products, defining as an unfair business practice for various parties engaged in the solicitation of health insurance policies to engage in cold lead advertising or multiple services, affecting Part D plans.
(Filed and sent to committee 2/22/08)New item

 MMA, Mkt
CA
AB X1-1
Speaker Nunez

Comprehensive health reform plan also would make a variety of changes aimed at increasing health care quality and efficiency and reducing costs including requirements on pharmacies for e-prescribing.  Requires insurers with drug formulary to  make the current formularies available electronically to prescribers and pharmacies, as of 2010.  Also requires every licensed prescriber or pharmacy  to have the ability to transmit and receive prescriptions by electronic data transmission, effective 2012.  Exempts Rx-only coverage plans from new reporting requirements under health reform.
(Filed 11/8/07; passed Assembly 12/17/07; did not pass Senate committee 1/24/08) New item

 E

CA
SB 400

 Among other things, would require federally qualified health centers to use tamper resistant prescription pads for outpatient prescriptions.
(Filed 2/21/07; Senate passed to 3rd Reading; inactive file; did not pass Assembly by deadline 1/31/08) 		Label
CA
SB 623
Sen. Wiggins		 Would provide that the Department of Health Care Services shall pay all copayments required by drug plans under the Medicare Program for generic or brand name medications for full-benefit dual eligible beneficiaries under specified conditions. Requires the department to develop a process for the reimbursement of Medi-Cal enrolled pharmacies for the cost of the copayments, unless specified conditions are met.
(Filed 2/22/07; carried over to '08; passed Senate 37y-0n and sent to Assembly 1/30/08) 		MMA, S
CA
SB 843
Sen. Calderon
 Would allow, under provisions of the Confidentiality of Medical Information Act, a pharmacy to mail specified written communications to a patient, without the patient's authorization provided that such mailing pertain only to the prescribed course of medical treatment, not mention any other pharmaceutical products, and that it include disclosures regarding whether the pharmacy receives direct or indirect remuneration for making that written communication.
(Filed 2/23/07; did not pass Assembly by deadline 1/31/08)  		Mkt, Privacy
CA
SB 1096
Sen. Calderon		 Allows a pharmacy to mail specified written communications to a patient, without the patient's authorization. Provides that the written communication pertain only to the prescribed course of medical treatment may not mention any other pharmaceutical products, that a copy of each version shall be submitted to the federal Food and Drug Administration, and shall include disclosures regarding whether the pharmacy receives remuneration for making that written communication.
(Filed and sent to committee 1/15/08) New item		 Mkt, Privacy
CA
AJR 31
Assm. Jones		 Would urge Congress to amend the Medicare Modernization Act of 2003 to require that the federal government negotiate for the lowest available prices for prescription drugs under the Medicare Part D program, eliminate a specified gap in Medicare Part D coverage, and reduce the lifetime penalty for late enrollment in the program.
(Filed 7/2/07, adopted by Assembly 8/27/07; amended in Senate Comm. 2/4/08)		 MMA, Price
CO
HB08-1032
Rep. Massey		 Would require that the Medicaid state plan be amended to increase the dispensing fees paid to pharmacies for the remainder of the 2007-08 fiscal year for generic and non-patented drugs to offset the reduction in the reimbursement rate due to the federal "Deficit Reduction Act of 2005” (claimed as 36% below acquisition cost).  Sunsets July 1, 2009.
(Filed and sent to committee 1/9/08)  New item		 M, Price
CO
HB08-1062
Rep. Green		 Would authorize the expansion of the "Medication Therapy Management" prescription drug information and technical assistance program (created in Sec. 25.5-5-507) to include persons receiving drug benefits from any program administered by the department of health care policy and financing.
(Filed 1/9/08; passed Assembly and sent to Senate 1/9/08) New item		 CL
CO
SB08-090
Sen. Hagedorn		 Would allow a Medicaid recipient to use a mail-order pharmacy for maintenance prescription drugs, but prohibits the pharmacy from charging the recipient more than the medicaid copayment. Authorizes a mail-order pharmacy to bill the medicaid program for the difference between the Medicaid copayment and the third party insurer's copayment or deductible.
(Filed and sent to committee 1/17/08)New item		 M, Mail
CO
SB08-190
Sen. Tochtrop		 Would require pharmacists to redistribute certain unused medications. Clarifies that the state board of pharmacy shall adopt rules to require pharmacists to redistribute such medications.
(Filed and passed Senate 4/15/08; postponed indefinitely in House 4/28/08)  New item		  Reuse
CO
SB08-242
Sen. Boyd		 Would include the first authorized distributor of record in the chain of distribution for the purpose of a prescription drug pedigree.
 Whole
CO
SJR08-027
Sen. Groff		 Among other things, would encourage transparency and disclosure when a physician is receiving financial or other compensation for prescribing any product.
(Filed and laid over by Senate 4/24/08; Sent to House and laid over 5/2/08) New item		  Generic, Brand
CO
Final 5th Plan
Blue Ribbon Commission for Healthcare Reform		 A comprehensive health reform package would include provisions to A) " Encourage standard benefit plans to not include limits on mental health, therapies, and prescription drugs" and B) a new Basic Benefit package that would include Prescription Drugs Generics with a $5 co-pay and Brand products at 50% of cost, $25 minimum, and a $2,500 annual maximum.
(Recommendations approved 11/17/07; to be filed as legislation after 1/31/08) New item		 Reform:
Brand, Generic, Price
CT
HB 5012
Rep. Zalaski		 Would "increase the accessibility of prescription medications to those who are blind or visually impaired by exempting talking prescription drug containers from the sales tax."
(Filed 2/6/08)New item		 Label, Safety
DE
HB 105
Rep. Maier		 Would establish standards and criteria for the regulation, solvency and licensing of Pharmacy Benefit Managers.
(Filed and sent to committee 3/29/07; did not pass by end of '07 session; may be carried over to '08) 		PBM
DE
HJR 15
Rep. Miro		 Joint resolution would direct the Secretary of the Delaware Department of Health and Social Services to perform a fiscal impact analysis to determine how much revenue Delaware pharmacies are expected to lose because of Medicaid's new formula that determines maximum reimbursement for multiple-source drugs, and directs the state to adopt emergency final regulations that increase the amount of reimbursement.
(Filed and passed House 37y-0n, 6/30/07; carried over to '08; sent to Senate committee 1/9/08)		 M, Price
DC
B17-0364
Councilman Catania
 The SafeRx Act would require licensing of pharmaceutical representatives and impose penalties for "misleading remarks made in sales pitches to doctors," intended to "counteract the influence of pharmaceutical 'detailers.'  Also would require drug-company representatives to have a bachelor's degree, adhere to a code of ethics and ban them from buying meals for physicians or giving them small gifts branded with the names of drugs or pharmaceutical companies.  Company representatives would still be allowed to give doctors drug samples.  Described by sponsors as making "the District the first in the nation" with licensing and penalties. 
    Deleted from final bill: prohibiting pharmaceutical representatives from data mining, or using area prescribing data and trends as a marketing tool to target specific physicians.
News article: "D.C. Council votes to regulate pharmaceutical reps" Washington Business Journal 1/8/08.
(Filed 9/29/07; passed City Council 7y-6n, 1/8/08; signed into law by mayor as Act A17-0282, 2/1/08; requires review by US Congress) New item

Mkt

 


 

Privacy

FL
S 1542
Rep. Ring		 Would require the FL Agency for Health Care Administration to establish the Florida Saves on Rx Program, including a contract to develop a system to purchase prescription medications from authorized pharmacies and pharmacies outside the U.S. (with features similar to the Illinois program.) Would including adopting a preferred drug list or formulary for the program.
(Prefiled 2/5/08)New item		 Imp, PDL
FL
S 1550
Rep. Saunders
 Would require the Agency for Health Care Administration to contract with a vendor to design and operate a website that gives health care practitioners and pharmacists access to patient medication history through a privacy-protected website.
(Prefiled 2/5/08)New item		 E, Safety
GA
HB 18
Rep. Stephens		 Would require refund of Rx rebates from manufacturers and repeal conflicting laws.
(Prefiled 12/7/06; no further action before end of session; carried over to '08*)		 M
GA
HB 19
Rep. Stephens		 Would require disclosure and refund of any Rx rebates from manufacturers that contract with the state.
(Prefiled 12/7/06; no further action before end of session; carried over to '08*)		 M
GA
HB 45
Rep. Stephens

Would prohibit prior authorization for a prescription drug which a drug manufacturer provides to a community pharmacy at the lowest price of a pricing structure.
(Filed and sent to committee 1/11/07; no further action before end of session; carried over to '08*)

 Brand, PDL, Price
GA
HB 127
Rep. Byrd		 Would provide that a patient may instruct a pharmacist not to substitute a generic name drug in lieu of a brand name drug; otherwise a pharmacist may substitute a drug "which is, in the pharmacist's reasonable professional opinion, pharmaceutically equivalent."
(Filed 1/24/07; passed House 3/1/07; Senate favorable report 3/28/07; carried over to '08; recommitted 1/14/08)		 Brand, Generic
GA
HB 285

Would require an ID to be shown prior to dispensing a controlled substance.
(Filed and sent to committee 2/8/07; no further action before end of session; carried over to '08*)

 Safety
GA
HB 367
Rep. Carter		 Would allow health insurance coverage for therapeutically equivalent substitutions in certain situations.
(Filed and sent to committee 2/10/07; no further action before end of session; carried over to '08*)		 Generic, Brand
GA
HB 454
Rep. Gardner

Would require pharmacists to include the approximate retail price for an outpatient drug on the receipt for that product and repeal conflicting laws.
(Filed and sent to committee 2/14/07; no further action before end of session; carried over to '08*)

 Price
GA
HB 455
Rep. Stephens		 Would enact the Georgia Prescription Monitoring Program Act to monitor dispensing of schedules II-IV.
(Filed and sent to committee 2/15/07; no further action before end of session; carried over to '08*)		 E
GA
HB 180
Rep. Rogers		 Would allow that certain prescription drugs and other health care products sold by Georgia biotechnology, biopharmaceutical, or pharmaceutical companies not be subject to certain prior authorization or supplemental rebates for purposes of coverage under the state health benefit plan, medical assistance program, PeachCare for Kids, or any other health benefit plan or policy administered.
(Filed and sent to committee 1/26/07; no further action before end of session; carried over to '08*)		 Brand, M
PDL
GA
HB 550
Rep. Lindsey		 Would expand certain obligations of insurers, managed health care entities, and pharmacy benefit managers.
(Filed 2/27/07; favorable committee report 3/19/07; House withdrawn, recommitted; no further action before end of session) |		 PBM
GA
HB 556
Rep. Benton		 Would require the prescriber's name to be printed on a prescription below his or her signature for controlled substances.
(Filed and sent to committee 2/27/07; no further action before end of session; carried over to '08*)		 Label
GA
HB 798
Rep. Scott		  "Pharmacy Consumer Protection and Transparency Act" would provide that a pharmacy benefits manager shall not intervene in the delivery of prescriptions; to provide for the dispensing of a substitute prescription drug.
(Filed and sent to committee 4/10/07; no further action before end of session; carried over to '08*)		 PBM, Brand, Generic
GA
HB 949
Rep. Stevens		 Would provide that if a new pharmacy benefits manager for the state employees' health insurance plan or Georgia's Medicaid program provides lower reimbursement rates to pharmacies than provided by the previous pharmacy benefits manager, the difference shall be paid into the state's general fund; provides for an opportunity for pharmacies to opt out.
(Filed and sent to committee 1/16/08)New item		 M, PBM, Price
GA
SB 28
Sen. Hill

Would require pharmacies to submit comparative price information, to be posted on a state sponsored website.
(Filed and sent to committee 1/22/07; no further action before end of session; carried over to '08)

 Disclose, Post, Price
GA
SB 129
Sen. Grant		 Would allow limited copayments by inmates for prescription medications. Amount of copayment is not specified, but would not apply to inmates without funds in a prison account.
(Filed and sent to committee 2/10/07; no further action before end of session; carried over to '08)		 Copay
GA
SB 150
Sen. Hill		 Would provide for creation of a state website, including prescription drugs for which price information shall be collected. Such information shall include recent average wholesale prices and retail prices. If a prescription drug is available in a generic form, price data shall be reported for the generic drug and its brand name equivalent.
(Filed and sent to committee 2/13/07; no further action before end of session; carried over to '08)		 Price, Disclose
GA
SB 178
Sen. Balfour

Would allow for mail order prescription sales under regulated conditions.
(Filed 2/20/07; passed Senate 3/20/07; withdrawn, did not pass House committee 4/2/07; carried over to '08)

 Mail
GA
SB 294
Sen. Murphy		 Would change the criteria for substituting generic drugs for brand name drugs.
(Filed and sent to committee 3/1/07; no further action before end of session; carried over to '08)		 Generic, Brand

HI
HB 6,
SB 817
Rep. Takumi

 Would require quarterly reports that disclose the average wholesale price, wholesale acquisition cost, average manufacturer price, and best price for each of the manufacturer's drugs from manufacturers of certain prescription drugs dispensed.
(Filed 1/22/07; deferred in House committee 1/29/07; carried over to '08)		 M, Price, Mkt
HI
HB 7,
SB 817
Rep. Takumi		 Would direct the governor to establish the State of Hawaii's participation in the I-SaveRx prescription drug program to provide residents with increased access to affordable drugs; relates to prescription drugs.
(Filed and sent to committee 1/25/07; deleted from agenda 2/9/07; carried over to '08)		 D, Imp
HI
HB 8, SB 819
Rep. Takumi		 Would allow consumers, the State, and other affected parties to obtain an injunction, damages, and other relief when a drug manufacturer or its licensee sells prescription drugs for an excessive price.
(Filed 1/22/07; deferred in House committee 1/29/07; carried over to '08)		 Liability, Price
HI
HB 9
SB 822
Rep. Takumi

Would prohibit the sale or transfer of patient prescription information by certain businesses as an unfair and deceptive act in the conduct of trade or commerce.
HB 9 (Filed and sent to committee 1/22/07 and deferred in House Committee) |
SB 822 (Filed and held in committee 2/6/07; carried over to '08)

 Mkt
HI
HB 11
SB 814
Rep. Takumi

Would require prescription drug advertisements to meet Federal standards, public disclosure of clinical trial information, and drug manufacturers to pay fees to Department of Health to fund a public education initiative on clinical trials and drug safety.
(Filed and sent to committee 1/22/07; deferred by committee 2/2/07; carried over to '08)

 Trials
HI
HB 12
Rep. Takumi		 Would require the Director of Human Services 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.
(Filed and sent to committee 1/25/07; deferred by committee 2/7/07; did not pass by end of '07 session; may be carried over to '08) 		Bulk, M, PDL
HI
HB 370,
SB 232
Rep. Lee		 Would establish remote dispensing pharmacy regulations.
(Filed and referred by committee 1/22/07; carried over to '08)		  -
HI
HB 817,
SB 1195
Rep. Mizuno		 Would appropriate funds for the Sage PLUS program, which provides assistance at no charge to people receiving Medicare and Medicaid benefits and near-retirees, to expand services to the neighbor islands and to support the program's operating costs. House amended effective date to July 2020.
HB 817 (Filed, passed House and sent to Senate 3/6/07; referred by committee 3/23/07) |
SB 1195 (Filed, sent and referred by committee 2/15/07; carried over to '08)		 MMA, CL
HI
HB 1321,
SB 1407
Rep. Say		 Would establish licensing and solvency requirements for prescription drug plans that are offering a pharmacy benefit pursuant to Medicare Part D.
HB 1321 (Filed, sent to and referred by committee 1/24/07; carried over to '08)
SB 1407 (Filed sent to and referred by committee 2/16/07; carried over to '08)		 MMA

HI
HB 1359
SB 1445
Rep. Say

 Would create a Hawaii State Pharmacy Assistance program by merging the current State Pharmacy Assistance program which coordinates the Medicare Part D drug benefit and the Hawaii Rx Plus program under a single comprehensive Hawaii State Pharmacy Assistance program umbrella.  Would allow 340B qualified entities to use telepharmacy if there is no other pharmacy within 5 miles.
HB 1359 (Filed, passed House 3/6/07; passed Senate 25y-0n & sent to conference comm., 4/10/07; carried over to '08)		 D, MMA, S, M, 340B, PDL
HI
HB 1478
SB 1729
Rep. Green		 Would extend income eligibility requirement to 200% of the federal poverty level; Would require the department to provide enrollees with counseling about prescription drug plans; would repeal prescription drug rebate funding limitations; relates to state pharmacy assistance program.
HB 1478 (Filed and sent to committees 1/24/07, 2/16/07; carried over to '08)		 D, S
HI
HB 2001,
HB 2246
Rep. Morita		 Would authorize pharmacies that dispense medications within the 340B Drug Pricing program to engage in telepharmacy dispensing of medication.
(Filed and sent to committee 1/16/08) New item		 340B
HI
HB 2270
Rep. Oshiro		 Would authorize refills for prescriptions during disasters; Directs the director of health to convene a work group to establish an online emergency prescription database.
(Filed and sent to committees 1/16/08) New item		 E
HI
HB 2445
Rep. Takumi		 Would require prescription drug ads to meet federal standards, public disclosure of clinical trial information, and drug manufacturers to pay fees to department of health to fund a public education initiative on clinical trials and drug safety.
(Filed and sent to committees 1/22/08)New item		 Mkt, Trials
HI
SB 257		 Would prohibit pre-signed and predated prescriptions.
(Filed, passed Senate 3/6/07; deferred by House committee 3/22/07; carried over to '08)		 Label
HI
SB 816
Sen. Ige

Would require the Director of Human Services 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 prescriptions.
(Filed, passed Senate 3/6/07; amended, deferred by House committee 3/29/07; carried over to '08)

 Mkt, PDL,
HI
SB 2406
Sen. Hooser		 Would require the HI Board of Pharmacy to allow telepharmacy by certain federally qualified health centers participating in the federal 340B Pharmaceutical Purchasing Program; defines telepharmacy to limit dispensing to only acute medications.
(Filed and sent to committees 1/22/08)New item		 340B
HI
SB 2533
Sen. Ige		 Would require prescription drug ads to meet federal standards public disclosure of clinical trial information, and drug manufacturers to pay fees to department of health to fund a public education initiative on clinical trials and drug safety.
(Filed 1/15/08) New item		 Mkt, Trials
HI
SB 2534
Sen. Ige		 Would require the Director of Human Services 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 prescriptions.
(Filed and sent to committees 1/22/08)New item		 D, M, Mkt, PDL
HI
SB 2536
Sen. Ige		 Would direct the Governor to establish the State of Hawaii's participation in the I-SaveRx prescription drug program to provide residents with increased access to affordable drugs; relates to prescription drugs.
(Filed and sent to committees 1/22/08)New item		 Imp
ID
H 357		 Would amend existing law to revise language regarding the exemption of prescription drug sales from the sales and use.
tax.
(Filed and sent to committee 1/25/08)New item		 Tax
ID
S 1377
Committee
 Would eliminate the bond requirement for wholesale drug distribution licensure.  The original intent of the Act "will not be affected and will help to keep counterfeit prescriptions out of our supply chain while allowing small businesses to do business" in the state.
(Filed and sent to committee 1/25/08)New item		 Whole, Counterfeit
ID
S 1386
Committee		 Would  establish the Pharmacy and Therapeutics Committee; provides for exemption and exceptions to prior authorization and related use of preferred drug lists.
(Filed and sent to committee 2/7/08)New item		 M, PDL
IL
HB 157
HB 301
HB 1513		 Would amend the Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act. Provides for an annual increase in the household income amounts used to determine eligibility for a grant, the increase being equal to the cost-of-living increase designated under the federal Social Security Act.
(Filed and sent to committee 3/23/07; did not pass before end of '07 session; carried over to '08)		 S, Tax
IL
HB 691		 Would state that prescribers may not prescribe medications for patients via the Internet, WWW, phone or fax unless the patient has been physically examined by the prescriber or has been given a documented patient evaluation, including any medical history and physical exam for the condition prescribed.
(Filed and sent to committee 2/8/07; passed House 3/28/07 and sent to Senate; did not pass before end of '07 session; carried over to '08)		 E, Internet
IL
HB 813

Would establish a cancer drug repository program to which people may donate cancer drugs or supplies to be used by individuals who meet criteria set by the Department of Health. Also sets forth requirements that cancer drugs or supplies must meet in order to be accepted and dispensed under the program.
(Filed and sent to committee 2/7/07; passed House 3/21/07; did not pass before end of '07 session; carried over to '08)

 Reuse
IL
SB 86
HB 3601		 Would amend the Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act and increase the household income eligibility limitations for grant year 2007, and provides that, for grant years 2008 and thereafter, the limitations shall be increased annually by the percentage increase in the Consumer Price Index for the previous calendar year.
(Filed and sent to committee 1/31/07; did not pass before end of '07 session; carried over to '08)		 Price, Disclose
IL
HB 872		 Would create a Prescription Drug Ethical Marketing Act that would require every manufacturer and labeler in the state to disclose the value, nature, and purpose of any gift, fee, payment, subsidy, or other economic benefit provided in connection with detailing or promotional activities by the company, directly or through its pharmaceutical marketers, to any physician, or any other prescriber in the state.
(Filed and sent to committee 2/7/07; did not pass before end of '07 session; carried over to '08)		 Mkt
IL
HB 1082		 Would create the online clearinghouse to be known as the State of Illinois Prescription Drug Price Finder to provide a Drug Price that identifies the 50 most commonly prescribed drugs in Illinois and their usual and customary prices.
(Filed and sent to committee 2/8/2007; passed House 3/22/07; postponed in Senate; did not pass before end of session) |		 CL, Price
IL
HB 1248		 Would allow the symptom to be put on the prescription bottle label.
(Filed and sent to committee 2/9/07; did not pass before end of '07 session; carried over to '08)		 Label 
IL
HB 1459		 Would amend existing code and law to prohibit the licensure, transfer, use or sale of any records relative to prescription information containing patient-identifiable or prescriber-identifiable data by any licensee or registrant of the Acts for commercial purposes.
(Filed and sent to committee 2/21/07; did not pass before end of '07 session; carried over to '08)		 Privacy, Mkt
IL
HB 1461		 Amends pharmaceutical assistance programs so that covered prescription drugs includes any agent or drug added by the Department of Healthcare and Family Services within the therapeutic categories of antipsychotics, antidepressants, and anticonvulsants.
(Filed and sent to committee 2/21/07; did not pass before end of '07 session; carried over to '08)		 M

IL
HB 3005

 Would make a technical change in a Section concerning pharmacy payments under the Medicaid program.
(Filed and sent to committee 2/26/07; did not pass before end of '07 session; carried over to '08)		 M
IL
HB 3689		 Would amend the wholesale drug distribution licensing procedure.
(Filed and sent to committee 3/1/07; did not pass before end of '07 session; carried over to '08)		 Whole
IL
HB 4389
Rep. May		 Would require prescription drug, medicine, or poison labels to show the expiration date of the drug, medicine, or poison, as provided by the manufacturer.
(Filed 1/10/08)New item		 Label
IL
HB 4449
Rep. Franks		 In connection with the pharmaceutical assistance program, would provide eligibility for persons who have a maximum household income at or below 225% of the Federal Poverty Level if they qualify under certain conditions. Eliminates an Eligibility Group.
(Filed and sent to committee 1/17/08)New item		 S
IL
H 4486
Rep. Burke		 Amends the Medical Practice Act and the Wholesale Drug Distribution Licensing Act; would prohibit a physician from intentionally soliciting or accepting from a manufacturer and a manufacturer from intentionally conferring upon a physician any gift having a cumulative total value of more than $50. Excludes drug product samples and educational materials from the ban.
(Filed and sent to committee 1/17/08) New item		 Mkt
IL
HB 4511,
HB 4512
Rep. Jeffries		 Concerning the pharmaceutical assistance program, would provide that Eligibility Group 1 consists of persons who are not eligible for Medicare Part D and who are disabled and under age 65. Provides that Eligibility Group 3 consists of persons age 65 or older who are eligible for Medicare Part D.
(Filed and sent to committee 1/18/08)New item		 S
IL
HB 4638
Rep. Hassert		 Would lower the retailers' occupation tax and service occupation tax imposed on sales of certain prescription and nonprescription medicines to 1% (now, 1.25%) in Cook County and 0.25% (now, 0.75%) in the counties of DuPage, Kane, Lake McHenry, and Will.
(Filed and sent to committee 1/22/08) New item		 Tax
IL
SB 509		 Would create a whole licensure and prescription medication integrity act.  Would mandate licensure for wholesalers and those that ship Rx into the state.
(Filed and sent to committee 2/8/07; passed Senate 5/8/07; did not pass before end of '07 session; carried over to '08)		 Whole
IL
SB 726		 Would allow the cost of a prescription reading machine or machine that makes audible prescription labels to be tax deductible.
(Filed and sent to committee 2/8/07; did not pass before end of '07 session; carried over to '08)		 Tax

IL
HB 915, HB 948,
HB 1089, HB 1176,
HB 2581, HB 2988,
HB 2989, HB 2990,
SB 86, SB 524,
SB 1195

Would amend the state Pharmaceutical Assistance programs (SPAP) by adjusting enrollee benefits and eligibility, including wrap around benefits tied to Medicare Part D.
(All filed and sent to committees 2/07;; did not pass before end of '07 session; carried over to '08)

 D, MMA, S, Tax
IL
SB 1518

Would require PBMs or other parties that contract with the state to be legally responsible for payment of a health care claim.
(Filed and sent to committee 2/9/07; passed Senate 3/21/07 and sent to House; did not pass before end of '07 session; carried over to '08)

 PBM
IL
SB 147		 Would create the Pharmaceutical Best Price Buying Initiative Act and amends the Freedom of Information Act and the Illinois Public Aid Code. Creates the Pharmaceutical Best Price Buying Initiative Program. Requires the Department of Healthcare and Family Services to negotiate prescription drug discount agreements with drug manufacturers to provide discounts for drugs purchased by pharmacies and drug wholesalers participating in the program.
(Filed and sent to committee 1/31/07; did not pass before end of '07 session; carried over to '08)		 D, Price
IN
S 251
Sen. Riegsecker		 Would prohibit a local unit from entering into a contract with a person to import prescription drugs from a foreign country unless the unit has received a waiver from the federal Food and Drug Administration and the person entering into the contract is accredited through the National Association of Boards of Pharmacy's Verified Internet Pharmacy Practice Sites.
(Filed and sent to committee 1/10/08) New item		 Imp
IA
HF 506

Would provide for prescription drug retail price comparison.
(Filed and sent to committee 2/22/07; did not pass before end of '07 session; carried over to '08)|

 Price
IA
HF 204		 Would create "fair market pricing" and establish a prescription drug card program.
(Filed and sent to committee 2/6/07; did not pass before end of '07 session; carried over to '08)		 D, Price
IA
SF 111

 Would allow online prescription drug retail price comparison.
(Filed and sent to committee 2/6/07; did not pass before end of '07 session; carried over to '08)

 Internet, Price
IA
SF 25,
SSB 1037		 Would provide for the establishment of a limited drug and device distributor license.
(Filed and sent to committee 1/30/07; did not pass before end of '07 session; carried over to '08)		 Whole
IA
SSB 1047		 Would regulate pharmacy benefit management companies.
(Filed and sent to committee 1/17/07; did not pass before end of '07 session; carried over to '08)		 PBM
IA
SSB 1089,
SSB 3149		 Would regulate pharmacy benefits managers; including the timely payment of claims payable under a PBM plan and disclosure of certain information.
(SSB 1089 filed 1/24/07; did not pass before end of '07 session; carried over to '08)
(SSB 3149 filed and sent to committee 2/7/08)New item		 PBM
IA
SSB 3140,
HSB 636
Reform Commission 		The Legislative Commission on Affordable Health Care's comprehensive reform plan would direct the following strategies for health care payers and purchasers to promote or adopt:
• Considering a four-tier prescription drug copayment system within prescription drug benefits that includes a zero co-pay tier for select medications to improve patient compliance.
• Providing a standard medication therapy management program with prescription drug benefits to optimize high-risk patients’ medication outcomes.
• Investigating whether pooled purchasing for a prescription drug benefit (common statewide preferred drug list) would decrease costs.
(Final report approved 1/16/08; filed and sent to committees 2/5/08) New item		 Bulk,
Co-pay, Price, Reform
KS
HB 2392		 Would require pharmacy wholesalers and distributors to be registered with the state.
(Filed and sent to committee 2/6/07; did not pass before end of '07 session; carried over to '08)		 Whole
KS
HB 2416
 Would enact the prescription monitoring program model act, intended to improve the state’s ability to identify and stop diversion of prescription drugs.
(Filed and sent to committee 2/7/07; did not pass before end of '07 session; carried over to '08)		 Monitor, Safety
KS
HB 2542,
SB 357
House Appropriations Committee; Senate W & M		 Would specify that "expenditures shall be made from the 'Prescription Support for Community Based Primary Care Clinics' account for: (1) Purchase of drug inventory under 340B of the federal public health service act for community health center grantees and federally qualified health center look-alikes who qualify; (2) increasing access to prescription drugs by subsidizing 340B patients on a sliding fee scale."
(Filed and sent to committee 1/07; HB 2564 passed House 79y-44n, 3/16/07; SB 357 passed Senate 26y-14n, 3/21/07; held in conference committee, did not pass 5/4/07)
(S 357 passed Senate 3/23/07; amended to delete Rx provision & passed House 5/2/07; signed into law by governor with pharmaceutical policy deleted, 5/21/07) |		 340B, D
KS
HB 2578
House Appropriations Comm.		 Creates the utilization of Unused Medications Act; allowing collection and reuse of individually packaged pharmaceuticals from medical care and mail order facilities; it would not apply to Rx purchased by Medicaid or SCHIP.
(Filed 3/14/07; passed House 3/27/07; passed Senate 2/14/08'; signed into law by governor 3/20/08) |		 Reuse
KS
SB 229		 Would create the Prescription Confidentiality Act.
(Filed and sent to committee 1/31/07; did not pass before end of '07 session; carried over to '08)		 Privacy, Mkt
KS
SB 272

Would establish the duties for the pharmacy benefit managers and create penalties for violations.
(Filed and sent to committee 2/6/07; did not pass before end of '07 session; carried over to '08)

 PBM
KY
HB 7
Rep. Burch		 Relates to drug importation; would require the Governor, in coordination with the Secretary of the Cabinet for Health Services; to request that the Secretary of the United States Department of Health and Human Services certify to Congress that drug importation from foreign countries by Kentucky licensed pharmacists, distributors, and wholesalers poses no additional risk to the public's health and safety.  Amended to request the FDA certify safety and savings to the state.
(Filed 1/17/08 amended favorable report 2/7/08) New item		 Imp
KY
HB 301		 Woluld create the Kentucky Senior Prescription Drug Assistance Program within the Department for Aging and Independent Living, as a supplement to Medicare Part D prescription drug benefit, .
(Filed and sent to committee 1/25/08)New item		 MMA, S
KY
SB 79
Sen. Denton		 Would require a wholesale distributor to be licensed by the board; specifies conditions for a wholesale distributor to receive prescription drugs and require a manufacturer or a wholesale distributor to supply drugs only to a person licensed to possess or distribute drugs to an end user.
(Filed and sent to committee 1/16/08) New item		 Whole
ME > See Note NOTE: Although Maine permits carry-over from 2007 to 2008, all first year bills of interest were either signed or died and therefore were not continued to 2008.  See 2007 Legislation report for history.  .
ME
HP 321 / LD 405
Rep. Lewin		 Would direct the Department of Health and Human Services to amend the rules for MaineCare reimbursement to pharmacies for prescription drugs in order to increase the dispensing fee on a basis that is indexed to the Consumer Price Index and to provide other increases in reimbursement.
(Filed 1/30/07; passed House 3/31/08; passed Senate 4/1/08, signed into law by governor as Chapter 590, 4/10/08) |		 M, Price
ME

HP 1591 / LD 2231
Rep. Treat


 Requires the Governor's Office of Health Policy and Finance to "coordinate with the Department of Health and Human Services and other state agencies and representatives of state employees, health care providers and federally qualified health centers to identify opportunities no later than July 1, 2009 to provide prescription drugs through Section 340B for the following, if the costs of implementing such a plan are less than the current cost of providing prescription drugs: 1) State-funded managed care plans; 2) MaineCare (Medicaid); 3) State bulk purchasing initiatives and 4) Populations using high-cost chronic care and specialty drugs.  Also requires the Department of Corrections to convene a working group to maximize use of the 340B. The effective date is April 16, 2008.

(Filed 2/26/08; passed House and Senate 4/15/08; signed by governor as PS Chapter 43, 4/16/08)

 340B, Bulk
ME
SP 910 / LD 2286
Sen. Brannigan		 Directs the Office of Health Policy and Finance and the Department of Health and Human Services to report on activities for implementing a multipayor patient-centered medical home pilot project; provides for streamlining preauthorization processes for primary care physicians; provides for adopting flexible prescribed medication dispensing standards - allowing a pharmacist to dispense prescribed medication in a dosage that varies from the prescription but is equivalent to the overall dosage prescribed; provides for streamlined MaineCare procedures that will exempt primary care physicians and other practitioners who demonstrate a history of cost-effective prescribing that meets the needs of patients from most preauthorization requirements.
(Filed; passed Senate; passed House 4/1/08; signed by governor as Resolve 195, 4/10/08)		 M, PDL
MD
HB 37
Del. Manno		 Would provide for a deduction under the individual income tax of 50% of qualified prescription drug expenses of an individual eligible for prescription drug coverage under Part D of the Medicare Program and is enrolled in the Senior Prescription Drug Assistance Program.
(Filed and introduced 1/9/08; withdrawn, did not pass 3/17/08) | New item		 Tax, MMA
MD
HB 50
Del. Montgomery

Would establish a prescriber data-sharing program for certain purposes with requirements, including requiring a pharmaceutical detailer to disclose certain information to a prescriber under certain circumstances.
(Filed and sent to committee 1/9/08;withdrawn, did not pass 2/12/08) |New item

 Mkt, Privacy
MD
HB 120
Del. Bromwell		 Would require a pharmacy benefits manager to disclose information to a prospective purchaser and a purchaser; specifying the manner in which disclosures must be provided and information remaining confidential.
(Filed 1/17/08; passed House 3/22/08; passed Senate 4/4/08; signed into law by governor as Chapter 206, 4/24/08)New item		 PBM
MD
HB 243
Del. Benson

Would prohibit a pharmacy benefits manager from determining reimbursement on a specified basis; prohibiting a pharmacy benefits manager from imposing a copayment, deductible, limit on quantity, or other condition under specified circumstances.
(Filed 1/23/08; withdrawn, did not pass 3/17/08) |New item

 PBM
MD
HB 257, SB 725
Del. Kullen		 Requires a pharmacy benefits manager to enter into contracts with pharmacy providers under specified circumstances; specifying the requirements of the contracts; specifying provisions that apply to audits carried out by pharmacy benefits managers of pharmacies or pharmacy claims and providing penalties.
(Filed 1/23/08; HB 257 & SB 725 passed House 3/22/08; passed Senate 4/7/08; HB 257 signed into law by governor as Chapter 262, 4/24/08)New item		 PBM

MD
HB 343,
SB 720, SB 723,
SB 724
Del. Kipke

 Would prohibit a pharmacy benefits manager from substituting one prescription drug for the drug originally prescribed unless specified conditions are met.
(Filed 1/25/08, 2/1/08; HB 343, SB 720, SB 723, SB 724 all passed House 3/22/08; passed Senate 4/4/08; signed into law by governor Chapters 203, 204 and 205, 4/24/08)New item		 PBM
MD
HB 419, SB 722
Del. Elliott

Would require a person to register with the Maryland Insurance Commissioner before the person acts as or represents itself as a pharmacy benefits manager in Maryland
(Filed 1/28/08; passed House 3/22/08; passed Senate 4/4/08; signed into law by governor  as Chapters 201 and 202, 4/24/08)New item

 PBM
MD
HB 514, SB 775
Del. Donoghue		 Would authorize funds of the Senior Prescription Drug Assistance Program of the Maryland Health Insurance Plan to be  appropriated to the Department of Health and Mental Hygiene to provide funding, not to exceed $425,000, for the Maryland Medbank Program.
(Filed 1/28/08; passed House 3/22/08; passed Senate and sent to governor 4/2/08)New item		 CL
MD
HB 580
Del. Oaks

Establishing requirements for a pharmacy and therapeutics (P&T) committee of a pharmacy benefits manager; requiring a PBM to ensure that its pharmacy and therapeutics committee has specified policies and procedures; authorizing the Maryland Insurance Commissioner to adopt regulations;
(Filed 1/25/08, 2/1/08; HB 580 passed House 3/22/08; passed Senate 4/4/08; signed into law by governor as Chapter 279, 4/24/08)New item

 PBM
MD
HB 1492
Spkr. Busch,
Del. Hamman		 Would authorize a Senior Prescription Drug Assistance Program - Subsidy for Medicare Part D Coverage based on an agreement signed by the Governor. Would include incomes from Social Security benefits or retirement plans up to 300 percent of the federal poverty level -- about $30,000 for a single person. CareFirst has agreed to pay the annual $7 million cost of the program.
(Filed 2/18/08; passed House 3/18/08; passed Senate and sent to governor 4/2/08)New item		 MMA, S
MA
H 2
Governor Patrick
FY09 budget (§ 8) would allow the Department of Elder Affairs, within the Prescription Advantage wrap around for Medicare Part D, to adjust cost sharing guidelines to reflect cost changes that are a result of pricing adjustments made by pharmaceutical suppliers, similar to policies for 2006-07.  Also would appropriate $238,900,000 for the Medicare Part D Part D Phased Down Contribution and (§19) authorize the state to recover Medicaid clawback payments from the estates of dual eligibles.
(Filed and sent to committee 1/23/08) New item
 MMA, S
MA
H 66
Rep. S. Walsh		 Would expand requirements for safeguarding and monitoring prescription drugs.
(Filed 1/10/07; did not pass committee by end of 2007; carried over to '08*)		 Safety, Whole
MA
H 372
Rep Reinstein		 Would prohibit certain advertising by pharmaceutical companies.
(Filed  1/5/07; did not pass committee 3/20/08) |		 Mkt 
MA
H 602
Rep. Hingham		 Would allow 3 month supply prescription for those in Prescription Advantage program.
(Filed  1/11/07, sent to study as H4326 on 10/29/07; did not pass committee by end of 2007; carried over to '08*)		  S
MA
H 603
Rep. Correia

Would extend the Medicare Part D safety net by authorizing emergency 30-day supplies for enrollees once each calendar year.
(Filed 1/5/07; favorable committee report 8/13/08; carried over to '08*)

 MMA
MA
H 2911
Rep. Frost		 Would provide for an income tax deduction for prescription drug costs.
(Filed 1/2/07; did not pass committee by end of 2007 formal session; carried over to '08*)		 S, Tax
MA
H 1005,
S 1275,
S 1309
Rep. Mariano;
Sen. Moore

Would prevent the sharing of prescription data and protect the confidentiality of patient prescription records.
(Filed 1/8/07; H 1005 favorable report; resent to Joint committee on Financial Services, 10/3/07; 3/4/08)

 Mkt, Privacy
MA
H 1036,
Rep. McCarthy 		Would create requirements providing "equity in the provision of prescription drug coverage" with same financial and quantity terms for in-store purchases and mail-order purchases.
(Filed 1/10/07; did not pass committee by end of 2007 formal session; carried over to '08*)		 Mail
MA
H 1074
Rep. Scaccia		 Would require "disclosing in writing the wholesale price of the drug being delivered as well as the exact co-pay or contribution being made on the consumer's behalf" by an insurer or third party payer.
(Filed  1/10/07; did not pass committee by end of 2007 formal session; carried over to '08*)		 Label, Price
MA
H 1163
Rep. Sannicandro		 Would require the state to request a federal waiver for the office of Rx Information to act as an agent for residents in providing information on purchase of prescription drugs from state and Canadian sources.
(Filed 1/10/07; accompanied a study order, H4038, 5/17/07; did not pass committee by end of 2007 formal session; carried over to '08*)		 Imp
MA
H 1170 
Rep.  Straus		 Would provide for state-coordinated bulk purchasing of prescription drugs.
(Filed 1/10/07; did not pass committee by end of 2007 formal session; carried over to '08*)		 Bulk

MA
H 602, H 1146,
H 3771
Rep. Bradley,
Rep. Koczera

Would amend the Prescription Advantage subsidy program.  H3771 would extend the open enrollment period.
(H 3771 Filed and sent to committee on Elder Affairs 1/10/07)
(H 602 & (H 1146, accompanied a study order, H 4319, 10/24/07; did not pass before end of '07 session; carried over to '08)

 S, MMA
MA
H 2249
Rep. Smola		 Would require typed or printed Pharmacy Prescriptions.
(Filed and sent to committee 1/9/07;; did not pass before end of '07 session; carried over to '08)		 Label, Safety

MA
H 2120, H 2146,
H 2182, H 2240,
H 2242, H 891,
S 1311
Rep. Scibak, Rep. Jones

 Would provide for health care facilities and hospice programs to return certain unused pharmaceutical drugs.
(Filed and sent to committee 1/10/07; did not pass before end of '07 session; carried over to '08)		 Reuse
MA
H 2153,
Rep. Koutoujian		 Would expand wholesale licensure and prescription medication integrity requirements.
(Filed and sent to committee 1/10/07; did not pass before end of '07 session; carried over to '08)		 Safety, Whole
MA
H 2160
Rep. Koutoujian		 Would establish procedures for internet prescription consumer protection.
(Filed and sent to committee 1/10/07; did not pass before end of '07 session; carried over to '08)		 Internet
MA
H 2166,
S 420
Rep. Koutoujian, Sen. Moore

Would establish collaborative drug therapy management, including initiating, monitoring, modifying and discontinuing of a patient's drug therapy by a pharmacist in accordance with a collaborative practice agreement with a physician or other prescriber.
(Filed 1/10/07; did not pass before end of '07 session; carried over to '08)

 MTM
MA
H 2197
Rep. Marzilli		 Would establish a "counter-detailing" program, to "inform prescribers about drug marketing that is intended to circumvent competition from generic or other therapeutically equivalent pharmaceutical alternatives or other evidence-based treatment options.
(Filed and sent to committee 1/10/07; did not pass before end of '07 session; carried over to '08)		 Mkt
MA
H 2243 
Rep. Scibak		 Would require certain health care entities to participate in the 340B prescription drug discount program.
(Filed and sent to committee 1/10/07; did not pass before end of '07 session; carried over to '08)		 340B
MA
H 2251 
Rep. Spellane		 Would provide for the disclosure of certain gifts made by pharmaceutical companies.
(Filed 1/9/07 and sent to committee 9/12/07; did not pass before end of '07 session; carried over to '08)		 Mkt
MA
H 1163  
H 2090
Rep. Fennell,
Rep. Sannicandro		 Would create a Office of Pharmacy Information, authorized to provide information on purchasing prescription drugs in the state or from Canada.
(Filed and sent to committee 1/9/07; held for study; did not pass before end of '07 session; carried over to '08)		 CL, Imp
MA
HD 4707		 Relates to eligibility requirements for the Prescription Advantage SPAP program.
(Filed 12/12/07) New item		 MMA, S
MA
HD 4745
Rep. Koutoujian		 Would regulate incentive plans between insurance carriers and providers for the switching of prescriptions or medical pro