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2003 Prescription Drug State Legislation
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Archive report covering 2003 actions only. For more recent actions see NCSL reports on: |
For 2003, most state legislatures continued to have a substantial interest in or focus on prescription drug access and costs. This year, state budget shortfalls collide with goals of improved coverage or access through state programs.
At the start of 2003, 26 states already had laws providing for state subsidies for certain people, while some 16 states had discount or bulk purchasing programs.
For the 2003 sessions, 49 states considered more than 325 bills to create, expand or substantially change state pharmaceutical programs and policies. In a separate tally, another 34 bills sought to affect pharmaceutical marketing or advertising. In addition, 25 states considered non-binding resolutions urging the U.S. Congress to take action. In broad terms, the legislation examined in this report includes one or more of the following purposes:
- To use some state funds to assist or subsidize the cost of pharmaceuticals for elders, low-income residents or others. These include authorizations for waivers seeking federal matching funds.
- To achieve new discounts or reduced prices for eligible residents, through state law, or by combining "bulk" purchases among programs, agencies or states.
- To achieve cost savings to the state and/or eligible state residents, by changing pharmaceutical purchasing policies. These proposals include plans related to use of generic products, prioritized or preferred drug lists, cost-sharing, state-only rebate programs, state coordination of free or discount programs, and other measures related to marketing, labeling, long-distance sales and charitable reuse programs.
This report reflects bills filed or considered in the twelve months covering the 2003 sessions. The list has been a work-in-progress, with new material added on a regular basis 2003 and 2004. Because up to 25 states allowed for carryover of bills into 2004, consider the legislation listed as examples rather than an exhaustive listing of every measure filed or considered.
Laws Signed: In 2003, substantive state pharmaceutical laws were enacted in 39 states: Alabama, Alaska, Colorado, Connecticut, Delaware, Florida, Hawaii, Illinois, Indiana, Iowa, Kansas, Louisiana, Maine, Maryland, Massachusetts, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, North Dakota, Ohio, Oklahoma, Oregon, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, Wisconsin and Wyoming. In addition, non-binding resolutions passed in Maine, Montana and Vermont. Finally, an Arizona executive order has the effect of law in that state.
Medicaid-only: NCSL is tracking Medicaid-only pharmaceutical policy changes separately. Recent Medicaid state laws and regulations are contained in a separate report, "Recent Medicaid Pharmaceutical Laws and Policies, 2001-2004," updated 2004. In addition, Medicaid pending legislation is available to state legislatures in database or memo form from the NCSL Tracking Service, HPTS, at (703) 531-1213.
Note on Bill Status and 2004: This report is complete through December 31, 2003 for the purpose of bill filing with 2004 status updates added where available.
NCSL's 2004 Prescription Drug State Legislation, is a comprehensive supplement to this 2003 report, including measures filed during calendar year 2004.
TABLE #1A - 2003 LEGISLATION BY TYPE
| Prescription Drug Bill Topic | Topic Code |
States with 2003 legislation (Underline = passed; Underline color = passed in 2004; Bold without underline = Exec. Order) |
| Multi-state or agency bulk purchase | Bulk | AZ, CT, DE, IL, IN, IA, ME, MA, MI, NV, NH, NJ, NY, NC, OH, OR, RI, SC, WA, WI |
| Clearinghouse information | CL | DE, FL, MD, MN, MT, NV, NJ, ND, OK, OR, PA, TX, UT, VA, WA, WY |
| Discount program & price-related policy | D | AL, CA, CO, CT, DE, FL, GA, IL, IA, KS, KY, LA, MA, ME, MD, MA, MI, MN, MS, MO, MT, NJ, NY, NC, OH, OR, RI, SC, SD, TN, TX, VT, VA, WA, WV |
| Discount program, similar to Maine Rx | CO, FL, GA, IL, IN, MA, ME, MI, MN, MS, MO, NJ, NY, OH, RI, TN, TX, VT, WV | |
| Regulate drug importation or reimportation | Imp | FL, IL, ME, MA, MI, NV, NJ, PA, RI, VT |
| Regulate labels & packaging on retail pharmaceuticals | Lab | CO, ME, MA NV, NJ, NY, NC, OR, SC, WI |
| Marketing & advertising | Mkt | CA, CT, HI, ID, IL, IN, KY, ME, MD, MA, MI, NV, NJ, NM, NY, ND, OH, OR, VT, WA See separate NCSL Report at rxads.htm |
| Medicaid
(partial list; see notes) |
M | AL, AK, CA, CT, HI, IN, IA, KS, KY, LA, ME, MD, MA, MN, MO, MT, NV, NH, NJ, NY, NC, OH, OR, PA, RI, TN, TX, UT, VT, VA, WA, WV, WI, WY. See separate NCSL materials at medicaidrx.htm |
| Pharmacy Plus Waivers, Medicaid | P+ | CA, FL, HI, IN, KY, LA, MN, MT, NV, NM, NC, OK, WA, WV, WY |
| Regulation of pharmaceutical benefit managers | PBM | AL, AR, CO, CT, FL, HI, IL, IA, KS, LA, ME, MD, MS, NJ, NM, OR, PA, TN, TX, VT, WA, WY |
| Preferred Drug List (partial list; see notes) |
PDL | AL, AK, CO, CT, IL, IN, IA, KS, ME, MD, MA, MN, MO, NV, NH, NJ, NY, OH, OR, PA, SC, SD, TN, TX, UT, VA, WA, WV, WI, WY |
| Reuse or recycling of pharmaceuticals | Re | AL, CO, FL, IN. KY, MS, NE, NV, NJ, OK, TX, VT, WI |
| Subsidy | S | CO, DE, CT, FL, IN, IA, KS, LA, MD, MA, MI, MN, MS, MO, MT, NV, NH, NJ, NM, NY, NC, OK, OR, PA, RI, TN, VT, VA, WA, WV, WI, WY |
| Use of federal 340B discount price program | 340B | CT, KY, ME, TX, WA |
| Other Rx policy | - | AL, CT, FL, IN, KS, KY, LA, ME, MD, MA, NE, NV, NJ, OR, VA, WY |
Note that individual bills often have different approaches, and may modify an existing program, mandate an evaluation, or permit agency action, rather than simply establish a new policy. Many states have more than one bill on a single topic. In some states special sessions can reconsider bills not passed in a regular session; in about 25 states rules allow for carry-over or continuation to 2004.
TABLE #2A - 2003 LEGISLATION BY STATE
| 2003 State Bills | 2003 Rx Marketing | 2003 Resolutions | Medicaid Rx Policies | 2004 State Bills |
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 | 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 yellow = enacted or completed |
Description / excerpts of bill text (Bill status may change frequently - check state legislative links (below) or legislative sites for most recent actions: |
Subject code |
| AL HB 153 Rep. Johnson SB 77 Sen. Means |
Would regulate pharmaceutical benefit managers and other entities that are payors of any type of medical claims must pay claims within certain time periods. (Filed 3/4/03; passed House 4/8/03; no Senate action before the end of session)| |
PBM |
| AL HB 217 Rep. Page SB 114 Sen. Poole |
Would allow correctional facilities and jails to transfer unused prescription medication to charitable clinics. (Filed 3/4/03; passed House 4/22/03; no Senate action before the end of session)| |
Re |
| AL HB 603 Rep. Beasley |
Creates a preferred drug list (PDL) in Medicaid. (Filed 3/20/03; passed House 6/11/03; passed Senate 6/16/03; signed into law by governor as Act No. 2003-297)| |
M, PDL |
| AL HB 443 Rep. Johnson |
Would authorize the Alabama Medicaid Agency to enter into arrangements to require manufacturers of generic drugs prescribed to Medicaid recipients to provide rebates of a specified percentage of the average manufacturer price for the manufacturer's generic products. (Filed 3/20/03 and sent to committee; no action before the end of session)| |
M |
| AL SB 10 Sen. Smithernan |
Would require a physician prescribing a medication to prescribe a generic equivalent if available unless the physician notes in the patient's record that the brand name is medically necessary and notes on the prescription to the pharmacist that the brand name medication is medically necessary. (Filed 3/4/03 and sent to committee with no action before the end of session)| |
- |
| AK HB 32 Rep. Coghill |
Would create a uniform health insurance and prescription drug information card. (Filed 1/21/03; sent to committee 5/8/03 with no action before end of session*)| |
- |
| AK SB 109 |
States it is the intent of the legislature that the state continue to provide coverage for all Medicaid approved medications. If the department develops a preferred drug list to improve the Medicaid program's efficiency, it is the legislature's intent that the department should work with providers to develop the preferred drug list and that the department should establish an authorization system that is minimally intrusive to the providers while protecting access to medically necessary medications. The legislature encourages the department to develop case management systems or tools that allow for the comparison of cost savings associated with a preferred drug list or alternative cost containment methodologies. The cost containment measures taken may include new utilization review procedures, changes in provider payment rates, and negotiation for federal coverage under Indian Health or Medicare. (Passed House and Senate, signed into law by governor 6/16/03) |
M, PDL |
| AZ Executive Order |
Gov. Janet Napolitano signed an executive order #2003-03 setting in motion a new program to allow Medicare-eligible seniors to purchase prescription drugs at lower prices through contracts to be administered by Arizona's Health Care Cost Containment System (AHCCCS.) Also requires exploration of bulk purchasing. Operational details are online at RxAmerica. (Executive order signed 1/7/03)| |
D, Bulk |
| AR S 313 Sen. Malone |
Would regulate and license pharmacy benefit managers. (Filed 2/19/03; passed Senate 3/24/03; died in House committee at end of session)| |
PBM |
| CA AB 30 Assm. Richman |
Would expand the Healthy Families Program to provide medical and pharmaceutical coverage to employed childless adults who are uninsured for health care coverage and who meet certain household income requirements, subject to approval of a federal waiver and appropriation of state matching funds. Under existing law, the Healthy Families Program became inoperative on January 1, 2004. (Filed 1/13/03; passed House 5/26/03; Rx provisions did not pass Senate 8/29/03; 8/18/04)| |
M, P+ |
| CA AB 881 Assm. Koretz |
Would prohibit the Department of Health Services from entering into a contract with the manufacturer of a drug unless the net ingredient cost paid for the drug is the same as, or less than, the lowest price paid for the drug by the federal government (such as the Federal Supply Schedule). (Filed 2/03; carried over for 2004, died in committee 2/20/04)| |
D, M |
| CA AB 1762 Budget Comm. |
Reduces the time period in which pharmaceutical manufacturers have to respond to the state's request for and completion of negotiations for Medi-Cal and Golden Bear Program drug rebates. The provisions do not apply to AIDS, cancer or mental health drugs, which in part are subject to manufacturer rebate agreements. (?10, ?15) Also authorizes the Department of Health Services (DHS) to establish step therapies for drugs and other items. (Passed Assembly and Senate, 7/03; signed into law by governor , 8/9/03) |
D, M |
| CA | See Rxads for additional legislation. | Mkt |
| CO HB03-1049 Rep. Butcher |
Would require providers of pharmaceutical services to reimburse the department of health care policy and financing for the cost of medications that the department has paid to the provide that are returned by health care providers, if those medications are available to be dispensed to another person. (Filed 1/13/03 died in committee 4/3/03)| |
Re |
| CO HB03-1058 Rep. Stafford |
Would allow a tax credit for seniors for pharmaceutical expenses. (Filed 1/8/03; died in committee 1/22/03)| |
S |
| CO HB03-1063 Rep. Johnson |
Allows the patient to request the prescription label to list the purpose or symptoms for which the prescription is written. In the case of anabolic steroids, it is mandatory. Also requires the prescriber to notify the patient of this option but not grounds for discipline if they do not. (Filed 1/8/03; passed House 1/20/03; passed Senate 3/10/03; signed into law by governor 3/25/03) |
Lab |
| CO HB03-1154 Rep. Butcher |
Would create a program to provide assistance with prescription drug costs to senior citizens using moneys received under the tobacco master settlement agreement. Would also allow additional rebates from manufacturers. (Filed 1/14/03; died in committee 2/3/03)| |
S |
| CO HB03-1162 Rep. Salazar |
Would designate an entity to create a prescription drug purchasing pool and make prescription drugs available to certain low-income people at a discounted rate. (Filed 1/15/03; died in committee 1/31/03)| |
D |
| CO HB03-1264 Rep. McFadyen |
Would create a preferred drug list (formulary) for Medicaid. (Filed 1/31/03; died in committee 2/17/03)| |
M, PDL |
| CO HB03-1300 Rep. Pommer |
Would create a waiver program modeled after "Healthy Maine" for people at or below 200 percent of the FPL. Would require a federal waiver which shall only be prepared if the department receives gifts, grants, or donations sufficient to provide for the state's administrative costs of preparing and submitting the waiver. (Filed 2/7/03; died in committee 2/19/03)| |
D |
| CO SB03-142 Sen. Entz |
Would establish evidence-based medicine as basis for a preferred drug list and regulation of pharmacy benefit managers. (Filed 1/24/03; died in committee 4/4/03 | |
M, PDL, D, PBM |
| CT HB 5225 Rep. Dillon |
Would increase income eligibility for Connecticut's Pharmaceutical Assistance Contract to the Elderly and Disabled Program. (Filed 1/17/03; combined with HB6473 (see Rxads)| |
S |
| CT HB 5348 Rep. Witkos |
Would allow seniors to deduct the cost of pharmaceuticals to qualify for Connecticut's Pharmaceutical Assistance Contract to the Elderly and Disabled Program. (Filed 1/21/03 and sent to committee; no further action before end of session)| |
S, D |
| CT HB 5469; SB 743 Rep. Fleischman |
Would require the commissioner of Social Services to negotiate supplemental Medicaid rebates from drug companies in an amount equal to or greater than rebates available under existing federal law, and to further negotiate with such drug companies the cost of prescription drugs for uninsured residents, and establish the Affordable Prescription Drug Board. Would protect consumers and improve the functioning of the prescription drug marketplace by increasing information available about prescription drug pricing. (Filed 1/22/03 and sent through committees favorably but no further action before end of session)| |
M, D, |
| CT HB 5878 Rep. Fleischmann |
Would establish a ConnPACE, Part B program to allow more state residents (seniors at or below 400 percent of federal poverty level and other residents at or below 300 percent) access to discounted prescription drug benefits. (Filed 1/24/03 and sent to committee with no further action before end of session)| |
D |
| CT HB 5985 Rep. Barry |
Would allow seniors to deduct cost of pharmaceuticals in order to qualify for ConnPACE. (Filed 1/27/03 and sent to committee with no further action before end of session)| |
S, D |
| CT HB 6495 Budget |
An FY 03 budget reduction law increases copayments for ConnPACE state subsidy program members from $12 up to $16.25; increases the application fee from $25 to $39; and reduces the dispensing fee to retail pharmacies for ConnPACE (and Medicaid), from $3.85 to $3.60. (Passed House and Senate, signed into law by governor 2/28/03 as Public Act 03-2) |
S, M |
| CT HB 6606 Committee |
Would require the insurance commissioner, in consultation with the Pharmacy Commission, to study pharmacy benefit management (PBM) plans. The study must decide whether further regulation of such plans is required, and if so, the commissioner must indicate the type of regulation needed. (Filed 1/27/03 and sent to committees with no further action before end of session)| |
PBM |
| CT SB 520 Sen. Gaffey |
Would require the state join in a purchasing pool with the other New England states for the procurement of prescription drugs and other health care goods and services. (Filed 1/23/03 and sent to committee; no further action before end of session)| |
D, Bulk |
| CT SB 1123 Committee |
Would provide loans to federally qualified health centers for the cost of establishing a pharmacy facility or a partnership with a community pharmacy to serve as a centralized prescription drug distributor for federally qualified health centers that have established affordable pharmaceutical drug programs for qualified low income patients of such centers. The Commissioner of Social Services would assist any federally qualified health center that is applying for a loan by providing non-individual identifying information concerning potential participants in the affordable pharmaceutical drug program. (Filed 3/12/03; passed Senate 5/28/03; passed House 6/2/03; signed into law by governor as Public Act 03-166)| |
D, 340B |
| CT SB 2001 Sen. Sullivan |
FY04 budget includes a ConnPACE pharmaceutical subsidy program new requirement for an asset test of $100,000 maximum for individuals and $125,000 for couples (?58, effective 10/1/03). Also gives the state a recovery claim on the estates of deceased ConnPACE beneficiaries to recoup the money the state has paid for their prescriptions. (?59, effective 9/1/03) Also reduces pharmacies' dispensing fee by 30 cents from $ 3.60 to $ 3.30 in Medicaid, ConnPACE, and other state funded pharmacy benefits; it allows DSS to provide an enhanced dispensing fee to a pharmacy enrolled in the federal 340B drug discount program or a pharmacy under contract to provide services under that program. (?52, effective 10/1/03). Also requires the state to submit a Medicaid state plan amendment to allow pharmacies to refuse to fill Medicaid prescriptions for "beneficiaries who demonstrate a documented and continuous failure to pay co-payments in spite of their ability to make these payments", described as unpaid for six prescriptions or six months. (?69). Existing law requires a state preferred drug list for its medical assistance programs by July 1, 2003. The bill specifies that the preferred drug list is for use in the Medicaid and ConnPACE programs and that the preferred drug list and the committee's functions also apply to the SAGA program. The bill specifies that, for FY 2003-04, the preferred drug list must be limited to three classes of drugs (?83). Current law generally requires prior authorization for brand name drugs under Medicaid or ConnPACE if a generic drug is available at a lower cost. The bill removes the requirement that the generic drug cost less and specifies that where the brand name drug is less costly than the generic, the pharmacist must dispense the brand name drug. (passed House and Senate, 8/16/03, signed into law by governor 8/20/03 as Public Act 03-3) | |
S, M, PDL, 340B |
| CT | See Rxads for additional legislation. | Mkt |
| DE HB 62 Rep. Williams |
Would authorize the Health Security Authority to negotiate or establish manufacturer discounts and rebates for covered prescription drugs and other health care products as part of a single payer health care system. (Filed 3/13/03; did not pass by end of '03 or '04 regular session)| |
D |
| DE HB 300 |
FY '04 budget requires the state establish a drug rebate process for any prescription benefits provided to clients enrolled in the non-Medicaid programs administered by the division including: the Delaware Healthy Children program, the Renal Disease program, the Delaware Prescription Assistance program and the Legal Non-Citizen Health Care program. Process for the Non-Medicaid Prescription Benefit program is to be" in the best interests of the citizens who are being served." The funds transferred into accounts established for the Non-Medicaid Prescription Benefit Program shall be used to cover prescription benefits only. The Department of Health and Social Services is authorized to contract with a cooperative Multi-State purchasing contract alliance for the procurement of pharmaceutical products, services and allied supplies. (Passed House and Senate, signed into law by governor , 6/25/03)| |
Bulk, S |
| DE HJR16 Rep. George |
Would direct the Division of Public Health to coordinate and disseminate information and offer assistance to senior citizens and disabled persons with the various federal, state and private prescription drug programs. (Filed and sent to committee, 7/10/03; no further action before end of session; Withdrawn from further consideration 1/24/04)| |
CL |
| FL HB 843 Appropriations Committee |
Would revise the pharmaceutical expense assistance program for low-income elderly individuals, add eligibility groups and provide benefits. (Filed 3/4/03; passed House 3/11/03; died in Senate Committee, 5/2/03)| |
D |
| FL HB 1599; SB 2536 Sen. Margolis Rep. Cusak |
Would enact the Florida Pharmacy Benefit Management Regulation Act to establish standards and criteria for regulation & licensing of pharmacy benefit managers (PBMs). (Filed 3/10/03; died in Committee, 5/2/03) | |
PBM |
| FL SB 22A Special session Budget |
The FY 04 budget includes $16.2 million for expansion of the Silver Lifesaver Rx Program, to seniors up to 200 percent of federal poverty. Sliding scale benefits include "Eligible individuals with incomes up to 120 percent of the federal poverty level receive a discount of 100 percent for the first $160 worth of prescription drugs they receive each month, subject to copayments; others receive discounts of 50 percent, 41 percent, or 37 percent for those between 175 and 200 percent, with no monthly dollar limit. The program runs under the Pharmacy Plus federal waiver approved in 2002. Also requires a 2.5 percent co-insurance for pharmaceuticals from Medicaid beneficiaries, up to $7.50 limit (see ?409.9081); also establishes a prescription drug recycling/reuse program in long term care facilities, with estimated savings of $14.1 million. Also creates the "Sunshine for Seniors Program" to assist low-income seniors with obtaining prescription drugs from manufacturers' free pharmaceutical programs. (passed House and Senate in special session, 5/27/03; signed into law by governor 6/26/03) | |
M, P+, S, CL, Re |
| FL SB 48A Wasserman Schultz |
Would require state to operate LifeSaver Rx program as state pharmaceutical assistance program to provide discounts to participants for prescription drugs covered by rebate agreement; requires secretary to negotiate discount prices or rebates for prescription drugs from manufacturers or labelers; requires publishing of average wholesale prices of drugs provided through program. (Filed 5/14/03, died in committee 5/27/03)| |
D |
| FL SB 484 Sen. Fasano |
Would urge the Congress of the United States to enact legislation repealing all laws prohibiting importation of large quantities of prescription drugs for resale in the United States in order to make such drugs available to the people within the United States at a cost competitive with the costs incurred by the residents of England, Italy, Germany and France. (Filed 3/4/03; died in Committee, 5/2/03) | |
D, Imp |
| FL SB 2084 Sen. Wasserman |
Requires that written drug prescriptions "must be legibly printed or typed" to assure they can be understood by pharmacists. Effective date July 1, 2003. (Filed 3/4/03; passed Senate 4/30/03; passed House 5/1/03; signed into law by governor 5/23/03 as Chapter 2003-41) | |
- |
| FL SB 2098 Sen. Wasserman Schultz |
Would create "The LifeSaver Rx Program," that would operate as a pharmaceutical assistance program to provide discounts to participants for prescription drugs covered by rebate agreement and would allow the state to negotiate discount prices or rebates for drugs from manufacturers or labelers. (Filed 3/4/03; died in committee 5/2/03)| |
D |
| FL SB 2188 HB 977 Sen. Wilson |
Would establish Florida Fair Market Drug Pricing Act and the Rx Card program as a state pharmaceutical assistance program to provide discounts to participants for drugs covered by a rebate agreement. It would use funds from negotiated rebates to provide a discount for people who are in the Medicare program or have a net family income at or below 300 percent of the FPL and are without any other adequate prescription drug coverage. (Filed 3/4/03; died in committee 5/2/03)| |
D |
| FL SB 2322 HB 1 Sen. Peaden |
Would create the Sunshine for Seniors Act to assist low-income seniors with obtaining prescription drugs from manufacturers pharmaceutical assistance programs. Appropriates $226,660 for operations. (HB 1- Filed 3/4/03; passed House 3/11/03; died in Senate 5/2/03) | |
CL |
| GA HB 935 Rep. Harrell |
Would create an advisory group on seniors and prescription drug costs. Filed 4/8/03, passed House 3/15/04; did not pass by end of regular session 4/04)| |
Study |
| GA SB 112 Sen. Hill |
Would create a discount program for those aged 55 and over, based on use of voluntary manufacturer rebates, using features of the Maine Rx law. (Filed 2/11/03; died at end of regular session*) | |
D |
| HI HB 1361 Rep. Takumi |
Would allow the income eligibility limit for the Medicaid Prescription Drug Expansion Program, created in 2002, to be lower than the original 300 per cent of the federal poverty level. (Filed 1/23/03; passed House 3/4/03; passed Senate 4/9/03; signed into law by governor 6/17/03 as Act 191) |
M, P+ |
| HI SB 775 HB 18 Rep. Takumi |
Would establish duties and obligations for pharmaceutical benefit management companies that administer or manage prescription drug benefit coverage to their clients. (HB 18- Filed 1/15/03; passed House 3/4/03; sent to Senate committee 3/7/03; no further action before end of session*) (SB 775- Filed 1/17/03; sent to committee 1/22/03; held 2/27/03; no further action before end of session*) |
PBM |
| HI | See Rxads for additional legislation. | Mkt |
| ID | See Rxads for additional legislation. | Mkt |
| IL HB 209 (vetoed) Rep. Franks SB 3 |
Establishes the Senior Citizens and Disabled Persons Prescription Drug Discount Program Act, requiring the state to "negotiate and enter into rebate agreements with drug manufacturers" to effect prescription drug price discounts, with enrollees receiving the resulting discount. Eligible senior citizens and disabled persons are not subject to income maximums, with disabled defined to include those eligible for Social Security disability or "unable to engage in substantial gainful activity." Those eligible for the state Rx subsidy program also are eligible, for coverage of products not covered by the state subsidy. Requires a $25 annual enrollment fee, which could be lowered. Will reimburse retail pharmacies the average wholesale price minus 12% for brand name drugs, single-source generic drug products, and a dispensing fee of $3.50 for brand-name and $4.25 for all other generic products. The program is permitted to use or establish a preferred drug list. The program has no connection to Medicaid. Effective date is July 1, 2003 (Filed 1/14/03; finally passed House and Senate 5/15/03; SB 3 signed into law by governor 6/16/03 as Public Act 93-18. HB 209 was enrolled, but was vetoed only because it was an exact duplicate of SB 3) | |
D, PDL |
| IL HB 239 Rep. Franks |
Would require the department to establish a Prescription Drug Purchasing Policy Office. The office would determine and implement strategies for best price purchasing practices for state agencies that pay for prescription drugs by direct purchase or by other arrangements. This may include establishing a central state purchasing policy, entering into cooperative agreements with other states or other public or private entities that may enable the state to reduce its prescription drug costs, and establishing any other state agency policies and practices that may enable the state to reduce its costs. (Filed 1/23/03; sent to committee 4/4/03; ; no further action before end of session*) |
D, Bulk |
| IL HB 244 Rep. Franks |
Would implement drug utilization review and address a reduced rate for prescription drugs for Medicare beneficiaries. (Filed 1/23/03; passed House 3/27/03; sent to Senate committee 4/2/03; ; no further action before end of session*) |
D |
| IL HB 343 Rep. Jakobsson |
Would affect medical record privacy by adding pharmaceutical companies to the list of entities prohibited from sharing medical information about a patient. (Filed 1/29/03; passed House 3/28/03; sent to Senate committee 5/14/03; ; no further action before end of session*) |
Mkt |
| IL HB 520 Rep. Miller |
Would create the Pharmacy Benefit Management Regulation Act and establish the standards and criteria for regulation and licensing of pharmacy benefit management companies. (Filed 1/30/03, sent to committee 4/4/03; ; no further action before end of session ) |
PBM |
| IL SB 1769 Sen. Lauzen |
Would add Canadian pharmacies to the existing requirements for out-of-state mail order pharmacies. The state Board of Pharmacy "shall require and provide for an annual nonresident special pharmacy registration for pharmacies in a province of Canada that dispense medications for Illinois residents and mail, ship, or deliver prescription medications into this State." Such pharmacies must meet six operational requirements, including being licensed in the state or Canadian province where it is located, that it complies with all board regulations and that it have a toll-free number for consumer use. (Filed and sent to committee 2/20/03; ; no further action before end of session*) |
Imp |
| IL | See Rxads for additional legislation. | Mkt |
| IN HB 1330 Rep. Adams |
Would require the lottery commission to establish a $2 instant win game for the benefit of the prescription drug program and require the lottery commission to transfer $1 for each ticket sold to the prescription drug account. (Filed 1/14/03 and sent to committee; did not pass before end of session*) |
S |
| IN HB 1458 Rep. Brown |
Allows the state to limit access to prescription drugs for prescription drug program recipients to prevent fraud, abuse, waste, overutilization, and inappropriate utilization in Hoosier Rx subsidy program; also creates an evaluation procedure for mental health drugs in Medicaid (Filed 1/15/03; passed House 3/4/03; amended and passed Senate; signed into law by governor 5/7/03) | |
S, M, PDL |
| IN HB 1567 Rep. Kersey |
Would require the office of the secretary of family and social services to establish, implement, and maintain a prescription drug purchasing program to negotiate the costs of prescription drugs for the following groups who may participate in the program: (1) a state agency that purchases prescription drugs or that arranges for the payment of the purchase of prescription drugs; (2) a local unit; or (3) a state educational institution. Specifies that if the state personnel department participates in the program, the self-insurance program or contract must provide for payment for prescription drugs purchased through the prescription drug purchasing program. (Filed 1/16/03; passed House 3/3/03; did not pass by end of session*)| |
Bulk, D |
| IN HB 1569 Rep. Thomas |
Would require the drug utilization review board to develop and implement an Internet site to provide to the public comparative information concerning efficacy, use, and cost of prescription drugs. (2/26/03, passed House; sent to Senate committee 3/4/03; did not pass by end of session*)| |
D |
| IN HB 1688 Rep. Kersey |
Would authorize the office of Medicaid policy and planning in consultation with the drug utilization review board, to develop and implement a preferred drug formulary. It would set out parameters of the preferred drug formulary; and establish the Rx program to provide discounted prescription drug prices to Indiana residents who are: (1) uninsured; (2) underinsured; (3) Medicare recipients; and (4) covered under insured or self-funded employee welfare benefit plans that provide prescription drug benefits. It would allow a drug manufacturer or labeler that sells prescription drugs to voluntarily enter into a rebate agreement with the state department of health that requires rebate payments to be made to the state for the Rx program; authorize the state department to negotiate the amount of the rebate and audit a manufacturer or labeler to assure compliance; and require a retail pharmacy to sell the drugs covered by the Rx program to participants in the Rx program at the discounted price. It would establish: (1) a formula for the state to use in calculating discount prices for drugs covered by the rebate agreement; (2) a procedure for resolving rebate amount discrepancies; and (3) the Rx dedicated fund, consisting of revenue from manufacturers and labelers who pay rebates and appropriations to the fund. (Filed 1/16/03; passed House 2/26/03; sent to Senate Committee 3/4/03; did not pass by end of session*)| |
PDL, M, |
| IN HB 1703 Rep. Brown |
Would modify the Medicaid preferred drug list, by allowing the state to add a drug that has been approved by the Food and Drug Administration to the preferred drug list without prior approval from the drug utilization review board. (Filed 1/21/03 and sent to committee; did not pass by end of session*)| |
M, PDL |
| IN HB 1809 Rep. Becker |
Would require the secretary of the office of family and social services to use money in the Indiana prescription drug account only for the Hoosier prescription drug program, and automatically allot the money for use in the prescription drug program. (Filed 1/23/03 and sent to committee; did not pass by end of session*)| |
S |
| IN SB 217 Sen. Sipes |
Would allow the designation of a mail order or an Internet-based pharmacy to provide prescription drugs under Medicaid or other health plans and would prohibit a denial of coverage for a covered prescription drug solely because the prescription drug was obtained from a pharmacy other than a designated mail order or Internet-based pharmacy. (Filed 1/9/03 and sent to committee; did not pass by end of session*)| |
|
| IN SB 441 Sen. Riegsecker |
Would require group health coverage programs for public employees, the office of Medicaid policy and planning, accident and sickness insurers, and health maintenance organizations that use a multi-tier copayment policy for prescription drugs to maintain on an Internet web site: (1) a list of the prescription drugs; (2) the tier that applies to each prescription drug and any alternative to the prescription drug that is in the prescription drug category entered by the consumer; (3) the preferred drug in the drug category entered by the consumer; and (4) a definition of "prior authorization" and the policy concerning prior authorization. (Filed 1/21/03 and sent to committee; did not pass by end of session*)| |
M, PDL |
| IN SB 507 Sen. Alexa |
Distribution of unused drugs. Would allow a pharmacy or pharmacist to donate medications to certain health clinics. Would allow a pharmacist to accept returned medications from a hospice program. (Filed 1/23/03; passed Senate 3/4/03; did not pass House by end of session*) |
Re |
| IN | See Rxads for additional legislation. | Mkt |
| IA HF 375 Rep. Osterhaus |
Would provide for the establishment of a senior pharmaceutical assistance program; to "provide a comprehensive pharmacy benefits plan for Iowa's Medicare-eligible population." Eligibility would include residents age 65 or older, with three tiers of benefit and copayments: Those with income up to 160 percent of poverty would have no deductible; income between 160 and 240 percent would be responsible for a deductible of $500 per year; and income over 240 percent would be responsible for a deductible of $1,000 per year. All enrollees would pay a $20 annual enrollment fee, and copayments of $5 for generics and $20 for brand-name drugs. To "ensure appropriate use of pharmaceuticals, the program shall reimburse pharmacists for medication therapy management services." Medicaid provider pharmacies would be required to participate, and provide program discounts to all enrollees. Fees and rebates would be appropriated for operation of the program. (Filed and sent to committee 3/3/03; did not pass by end of regular session*) |
D, S |
| IA HF 496 Rep. Osterhaus |
Would regulate pharmacy benefit managers. (Filed 3/10/03 and sent to committee; no further action before end of session*)| |
PBM |
| IA H 619 Health Committee |
Establishes a multi-agency bulk purchasing council, preferred drug list, increased co-pays and other changes in pharmacy reimbursements for Medicaid. (Filed 3/18; passed House 4/2/03; passed Senate 4/14/03; signed into law by governor 5/2/03) |
Bulk, M, PDL |
| KS H. 2233; Insurance Comm. H. 2268 |
Would create the uniform prescription drug information card, to be used by all health benefit plans for all enrollees, beginning at the effective date July 1, 2003. (H 2233 Filed 2/7/03; passed House and Senate, signed into law by governor 4/16/03) | |
- |
| KS H 2357 Rep. Swensen |
Would establish the Kansas prescription drug card program as a state pharmaceutical assistance program under Medicaid, using some features of the Healthy Maine program. It would "provide discounts to participants for drugs covered by a (voluntary) rebate agreement. Using sums from negotiated rebates, the department shall contract with participating retail pharmacies to deliver discounted prices to participants, with eligibility defined as Medicare enrollees or others with income of not more than 300 percent of federal poverty. The discounts received by participants shall be calculated by the secretary on a quarterly basis, but must "approximately equal" the negotiated rebate, minus administrative costs. Would require federal waiver approval. Also would establish standards for a Medicaid preferred drug list. (Filed and sent to committee 2/13/03; did not pass by end of session 5/03*) | |
D |
| KS H. 2392 Insurance Comm. |
Would require the registration of pharmacy benefits management (PBM) companies, including a $500 application fee, a certificate of authority to be renewed annually, and disclosure of financial matters, including "all incentive arrangements or programs such as rates, discounts, disbursements or any other similar financial program or arrangement relating to income or consideration received or negotiated, directly or indirectly, with any pharmaceutical company." (Filed and sent to committee, 2/17/03; did not pass by end of session 5/03*) | |
PBM |
| KS SB 234 |
Would require the registration of pharmaceutical benefit management companies. (Filed 2/14/03 and sent to committee; did not pass by end of session)| |
PBM |
| KS S 268 Committee |
Establishes a revised "Senior Pharmacy Assistance Program" that "shall provide financial assistance to eligible individuals for the purchase of prescription drugs." Eligibility is age 65 or older, with incomes up to 200 percent of federal poverty, consistent with the requirements for federal matching funds. ($17,960 for an individual in 2003). The current program covers people age 67 and older up to 150 percent of federal poverty. The program would be suspended if a federal benefit would cover the enrollees. (Filed 3/24/03; passed Senate; passed House 5/2/03; signed into law by governor 5/28/03) |
S |
| KY HB 118 Burch |
Would provide for the transfer of unused legend drugs, except for controlled substances, from a hospital, nursing home, assisted-living community, or hospice care program to a charitable health care provider. (Filed 1/7/03; sent to committee 2/7/03; ; did not pass by end of session 3/25/03)| |
Re |
| KY HJR 16 (BR 498) S. Nunn |
Would require the Cabinet for Health Services to lead a work group to study the possibility of expanding participation in the federal 340B prescription drug discount program and report its findings to the Legislative Research Commission, the Interim Joint Committee on Appropriations and Revenue, and the Interim Joint Committee on Health and Welfare by October 30, 2003. (Filed 1/7/03; sent to committee 3/10/03; did not pass by end of session 3/25/03)| |
D, 340B |
| KY SB 9 (BR 243) D. Mongiardo |
Would require the Department for Medicaid Services to apply for a Medicaid waiver for outpatient prescription drug coverage for seniors and Medicare beneficiaries with incomes that do not exceed 200 percent of the federal poverty level; create the Kentucky Senior Rx Program upon approval of the waiver; establish guidelines for phasing in the program; permit the department to establish enrollment or expenditure caps and cost sharing requirements; establish a Kentucky Senior Rx fund; and require manufacturer rebates and other fees collected in association with the program to be deposited in this fund. (Filed 1/7/03; sent to committee 1/10/03; ; did not pass by end of session 3/25/03)| |
P+, M, D |
| KY | See Rxads for additional legislation. | Mkt |
| LA HCR 105 Rep. Durand |
Memorializes the United States Congress to study the impact that the United States Food and Drug Administration's policies, rules, and regulations may have on pharmaceutical companies and the development of new pharmaceuticals. (Filed 4/14/03; passed House 4/14/03; passed Senate 6/5/03)| |
- |
| LA HB 1612 Rep. Townsend |
Would require that pharmacy benefit managers (PBMs) be licensed and regulated by the Department of Insurance, including a $500 filing fee. (Filed 3/31/03; initially passed House 4/14/03; did not pass by end of session 6/23/03) | |
PBM |
| LA HB 1991; HB 2024; SB 535 Rep. Futrell; Sen. Fields |
Would create the Louisiana Seniors Pharmacy Assistance Program, including a special fund to assist the elderly and disabled to pay for prescription medications. Eligibility would require enrollees to be age 65 or older, with annual income not more than 100 percent of federal poverty ($8,980 for 2003). Copayment shall be not more than 30 percent of the cost, with maximum annual benefits capped at $1200 and covering only specified maintenance medications. The program may be reduced to conform to available funds; the program would be suspended as of the date a federal subsidy program would begin to serve the affected population. (Filed 4/30/03; passed House 5/28/03; did not pass by end of session 6/23/03) | |
P+, S |
| LA SB 67 Sen. Fields |
Would create the Fair Market Pricing Act, with a mandate that the state should expand its "role to negotiate voluntary drug rebates, using these funds to maintain and expand Medicaid services while offering lower drug prices to the uninsured who do not qualify for Medicaid." Would provide "that the secretary of DHH shall negotiate discount prices" or supplemental Medicaid rebates for prescription drugs from drug manufacturers and labelers, with rebate funds used to establish an "Rx Card Program", for use by residents either eligible for Medicare, or with income not more than 300 percent of federal poverty. The state could require prior authorization in Medicaid for manufacturers that fail to provide an adequate rebate. The discount card program would be authorized as of January 1, 2004. (Filed and sent to committee 3/31/03; did not pass by end of session 6/23/03) | |
D, M |
| LA SB 86 Sen. Hines |
Would create the Louisiana Seniors Pharmacy Assistance Program. Eligibility would require enrollees to be age 65 or older, with annual income not more than 100 percent of federal poverty ($8,980 for 2003). Copayment would be not more than 30 percent of the cost, with maximum annual benefits to be set by the agency and legislature at a future date; and covering only specified maintenance medications. The program could be reduced to conform to available funds; the program would be suspended as of the date a federal subsidy program would begin to serve the affected population. (Filed 3/11/03; passed Senate 6/5/03; passed House 6/19/03; signed into law by governor as Act #801, 7/1/03)| |
S |
| ME LD 46 Rep. Laverriere-Boucher |
Allows certain health care facilities that provide primary and preventive care services to purchase through state agencies or state contracts, prescription drugs and medical supplies for patients to whom they provide free care. (Filed 1/16/03; passed House 4/1/03; passed Senate 4/7/03; signed into law by governor as Chapter 79, 4/25/03) | |
340 B, Bulk |
| ME LD 88 Rep. Lemoine |
Would require the state, under certain circumstances, to seek bids for pharmacy benefit management services from a nonprofit pharmacy benefit management entity. (Filed 1/21/03; died in committee 4/15/03; did not pass by end of '03 or '04 session) | |
PBM |
| ME LD 102 Rep. Lemoine |
Requires the label and receipt for the purchase of a prescription drug to disclose the full retail price of the prescription and the cost of any payment required of the patient and any third-party payor. (Filed 1/21/03; passed House and Senate 5/28/03; signed into law by governor as Public Law 375, 6/2/03) | |
Lab |
| ME LD 120 Sen. Mayo |
Would provide funding to allow the state to continue to pay its share of the budget to participate as a member in the National Legislative Association on Prescription Drug Pricing for fiscal years 2003-04 and 2004-05. (Filed 1/21/03; died in committee 4/8/03; did not pass by end of '03 or '04 session) | |
D |
| ME LD 132 Sen. Mayo |
Would require prescription drug manufacturers and labelers whose drugs are dispensed to Maine residents to file annual reports with the Maine Health Data Organization regarding their expenses for advertising and promoting their drugs. (Filed 1/21/03; died in committee 4/15/03; did not pass by end of '03 or '04 session) | |
Mkt |
| ME LD 254/ HP 209 Rep. Kane |
Requires a manufacturer or labeler of prescription drugs dispensed in this state that employs, directs or utilizes marketing representatives in this state shall report marketing costs for prescription drugs in this state. Would also require prescription drug manufacturers and labelers whose drugs are dispensed to residents to file annual reports with the department of Human Services regarding their expenses for marketing their drugs and would require that manufactures be fined for failure to report. (Filed 1/23/03; passed by House and Senate 5/28/03; signed into law by governor as Chapter, 6/5/03) | |
Mkt |
| ME LD 329/ SP 111 Sen. Brennan |
Requires a pharmacist to fill a prescription with a generic and therapeutic equivalent to the drug if the prescribing physician does not specify that a particular brand name drug be dispensed. (Filed 1/28/03; passed Senate 5/23/03; passed House 5/28/03; signed into law by governor as Chapter 384, 6/2/03) | |
generic |
| ME LD 554/ SP 194 Sen. Treat |
Regulates the practices of pharmacy benefit mangers (PBMs) to ensure full disclosure of contracted activities including contractual financial terms that apply between a pharmacy benefit manger and a drug manufacturer. It also would require that benefits of special drug pricing deals negotiated by these companies would be passed through to consumers and not simply used to as company profits. It also clarifies that violations of law regarding these issues are violations of the Maine Unfair Trade Practices Act and are enforceable by private action or the attorney general. (Filed 2/6/03; passed Senate and House; signed into law by governor as Chapter 456, 6/13/03)| Update: On March 9, 2004, an order by the U.S. District Court in Maine temporarily blocked the implementation by issuing a preliminary injunction of LD 554, enacted in 2003. PCMA News release | On Feb. 2, 2005 US District Magistrate Judge Kravchuk recommended summary judgment in favor of Maine and against PCMA on each of the trade association’s claims. |
PBM |
| ME LD 711/ SP 249 Sen. Treat |
Requires the Department of Human Services to study and report to the Joint Standing Committee on Health and Human Services the benefits that could be recognized by the state through prescription drug discount programs available under Section 340B of the federal Public Health Services Act used to provide prescription drugs in Maine. (Filed 2/14/03; finally passed House and Senate, 5/7/03; signed into law by governor as Resolve Chapter 30) | |
D, 340B |
| ME LD 1220/ HP 894 Rep. Kane |
Would revise the dates in the Maine Rx law to reflect the delay in implementation due to the federal court challenge. Discounts would begin April 1, 2004, with rebate agreements to be effective January 1, 2005. (Filed 3/6/03; amended and passed by House and Senate, 5/30/03, but not finally passed in '03 or '04 session) | |
D |
| ME SP 560 / LD1634 Sen. Treat |
Establishes the Maine Rx Plus program, which would supplant the original Maine Rx law of 2000. It provides for pharmaceutical discounts to people with incomes up to 350 percent of the federal poverty level. ($31,430 for an individual, $42,420 for a family of two). Eligibility is extended to residents with unreimbursed prescription expenses totaling 5 percent or more of family income, or medical expenses of 15 percent or more. The 275,000 estimated eligible will include all of the 225,000 people who were eligible for the Healthy Maine Prescriptions Program. Eligible persons will get discounts estimated at 15 percent to 60 percent on those drugs that are on the "preferred drug list" that the state uses for the Medicaid program. For products not covered by manufacturer rebate agreements, the state "shall impose prior authorization" in Medicaid "to the extent the department determines it is appropriate to do so" consistent with program goals and requirements of federal law. The program is scheduled to be operational in January 2004. (Filed 6/11/03; passed House 6/12/03 and Senate 6/13/03; signed into law by governor as Chapter 494, 6/24/03) | Update:| On January 28, 2005, Maine Rx was upheld by the U.S. District Court | Read decision |
D, M, PDL |
| ME SP 32 Pres. Daggett |
Resolution declares January 22nd as a Maine Rx Program Day and reaffirms support for the Maine Rx Program. (Adopted by House and Senate, 1/21/03) | |
D |
| ME SP 380 Sen. Mayo |
Resolution calls on GlaxoSmithKline and other drug manufacturers to stop the boycott of furnishing drugs to Canadian pharmacies that fill prescription drugs for U.S. citizens. (Adopted by House and Senate 3/4/03) | |
D, Imp |
| ME | See Rxads for additional legislation. | Mkt |
| MD HB 17 Del. Donoghue |
Changes eligibility for participation in the Maryland Pharmacy Assistance Program, setting maximum income at 116 percent of federal poverty guidelines ($10,417 for an individual) and maximum assets at the same level as Medicare QMB enrollees. (Filed1/9/03; passed House and Senate; signed into law by governor as Chapter 270, 5/13/03) | |
S |
| MD HB 143 SB 334 Del. Donoghue |
Extends the termination date of the Maryland Medbank Program administered by the Maryland Health Care Foundation, through 2006; authorize program funds to be used to distribute medication to enrollees; and require the governor to include in the annual budget bill an appropriation of at least $3,000,000 to the Department of Health and Mental Hygiene for transfer to the Maryland Health Care Foundation for the purpose of making grants to entities to operate the program. (HB 143- Filed 1/24/03, passed House and passed Senate 4/2/03) (SB 334- Filed 1/31/03, passed House 4/2/03 and passed Senate 4/5/03; signed into law by governor as Chapter 236, 5/13/03) | |
CL |
| MD HB 211 / SB 450 Del. Bromwell |
Repeals the former 30,000 limit on enrollees in the 2001 Short-Term Pharmacy Assistance Plan. It has been renamed the Senior Prescription Drug Program. (Filed 1/29/03; passed House and Senate; signed into law by governor as Chapter 4, 4/8/03) | |
S |
| MD HB 410 Del. Goldwater |
Would require the insurance department to conduct an examination of any pharmaceutical benefit manager acting as a private review agent, conducting utilization reviews. [fiscal note & summary] (Filed 2/5/03; passed House and Senate; signed into law by governor as Chapter 298, 5/13/03) |
PBM |
| MD HB 684 Del. Haynes |
Would require an employee of a pharmacy or a pharmacist to advise consumers of generically equivalent drugs; and require an employee of a pharmacy or a pharmacist to advise consumers of the cost difference of generically equivalent drugs as compared to brand name drugs. (Filed 2/7/03; passed House 3/20/03; passed Senate 4/4/03; became law 5/13/03 as Chapter 318)| |
generic |
| MD HB 803 Del. Hurson |
Alters the responsibilities of the Health Services Cost Review Commission with respect to funding for the Maryland Health Insurance Plan. Specifies that rebates and discounts obtained by plan administrators shall go to the state program. (Filed 2/03; passed House and Senate; signed into law by governor as Chapter 1, 4/8/03) | |
S |
| MD HB 1093 Del. Hurson |
Would authorize the Department of Health and Mental Hygiene to establish a specified preferred drug list; would require the department to implement specified benefits to offset Medicaid expenditures; would establish the State Pharmacy and Therapeutics Committee within the department for the purpose of developing a specified preferred drug list; would require the department to implement specified procedures for prescription drugs that are subject to prior authorization. (Filed 2/4/03; sent to committee 3/31/03, no action by end of regular session 4/7/03) | |
PDL, M |
| MD SB 17 Sen. Della |
Would require the Maryland Medbank Program to be administered by the Department of Health and Mental Hygiene and extend the termination date of the Maryland Medbank Program. (Filed 1/13/03; passed Senate 3/22/03; amended and passed House 4/1/03; see signed SB 334 above) | |
CL |
| MD | See Rxads for additional legislation. | Mkt |
| MA H 38 Executive Office of Elder Affairs. |
Would exempt elders and disabled persons in the state's Prescription Advantage Program from being assessed the new $1.30 per prescription pharmacy user fee, created by a 2002 law. (Filed 1/1/03; carried over to 2004; did not pass by end of '04 formal session 7/31/04) |
S |
| MA H 354 Rep. Ruane |
Would limit payments to manufacturers by pharmacies, hospitals or other institutions licensed to dispense drugs in the Commonwealth. (Filed 1/1/03; carried over to 2004; did not pass by end of '04 formal session 7/31/04) |
D |
| MA H 899 Rep. Hynes |
Would establish a pharmacy trust fund to assist in financing the Prescription Advantage Plan. (Filed 1/1/03; carried over to 2004; did not pass by end of '04 formal session 7/31/04) |
S |
| MA H 3655 Rep. Frost |
Relating to advertising costs in setting the price of wholesale drugs and medicines. (Filed 1/1/03; carried over to 2004; did not pass by end of '04 formal session 7/31/04) |
- |
| MA H 3762 Rep. Jehlen |
Would require registration and reporting of pharmaceutical company marketing activities to doctors. Would regulate prior authorization procedures. Would allow supplemental rebates. Would allow filing of a 1115 waiver to provide a subsidy for people with incomes of 188-300% of FPL. Would establish a "fair drug pricing program" with a uniform preferred drug list for the state and allow for bulk purchasing. Would allow the state to contract with a pharmaceutical benefit manager to reduce costs. Would create a pharmaceutical discount card program for those without pharmaceutical coverage. Would allow Massachusetts to work with the National Legislative Association on Prescription Drug Prices. (Filed 1/01/03; carried over to 2004; did not pass by end of '04 formal session 7/31/04) |
Mkt, S, D, Bulk, PDL |
| MA H 3778 Rep. Straus |
Would allow the aggregate purchase of prescription drugs. (Filed 1/01/03; carried over to 2004; discharged; did not pass by end of '04 formal session 7/31/04) |
Bulk |
| MA H 3779 Straus |
Would allow the state to negotiate with pharmaceutical companies in order to reduce the pricing or cost of prescription medications made available to the states by any means necessary. (Filed 1/01/03; carried over to 2004; did not pass by end of '04 formal session 7/31/04) |
D |
| MA H 3789 Rep. Timilty |
Would establish a special commission to study the delivery of prescription drug benefits in the Commonwealth. The Commission shall study and analyze bulk purchasing, discount cards, private section insurance drug programs, pharmaceutical benefit managers, and other issues which may improve prescription drug benefits for the citizens of the Commonwealth. (Filed 1/01/03; carried over to 2004; did not pass by end of '04 formal session 7/31/04) |
Study |
| MA H 3862 Rep. Frost |
A proposed resolution memorializing the congress of the united states to enact legislation relative to the pricing of prescription drugs. (Filed 5/22/03; carried over to 2004; did not pass by end of '04 formal session 7/31/04) |
- |
| MA H 3971 Rep. Bradley |
Would allow members of prescription advantage subsidy program to obtain 3 months supply of prescriptions from pharmacies. (Filed 7/24/03; carried over to 2004; did not pass by end of '04 formal session 7/31/04) |
S |
| MA H 4000 H 4001 House Ways and Means |
The FY 04 budget filed by the Governor (H.1) and the Ways and Means budget (H .4000) would completely eliminate the Prescription Advantage state subsidy program, funded last year at $99 million. A successful House floor amendment would have partially restored the program, funded at $59 million. New enrollees would have needed to meet a $3,000 deductible, and pay increased copayments and premiums. For those with incomes of less than $17,000 a year, quarterly deductibles would rise from $20 to $24, while copays would drop slightly to $10. For those with incomes of $17,000 to $20,000, quarterly deductibles would rise from $25 to $60 and copays would rise from $12 to $20. Enrollees would continue to pay monthly premiums. Also would seek to use Medicaid funding. (Further amended/did not pass; see H 4004, below, for final status) |
S, M |
| MA H. 4004 Conference Committee |
The final FY'04 budget restores funding for the Prescription Advantage subsidy program, at $96.4 million (budget line 9110-1455). Section 614 raises monthly premiums, from $5 month for those up to 188% of federal poverty, up to $50 per month for those over 500% of poverty. "The program shall pay the costs of all prescription drugs for a single enrollee whose out-of- pocket expenditures on prescription drugs exceeds the lesser of (a) 10 per cent of such enrollee's gross annual household income; or (b) $2,000 in out-of-pocket expenditures made by an enrollee for co-payments and deductibles in the current fiscal year." Copayments for those with incomes up to 188 percent of federal poverty are set at $9 for generics up to $45 for some brand-name drugs. A 2-month enrollment period is established. If funds run out, the agency may raise fees and limit enrollment and eligibility. Section 19 requires executive agencies to "develop and implement a coordinated prescription drug procurement plan for all pharmacy benefit plans funded or subsidized, in whole or in part, by the commonwealth. The plan shall maximize cost savings, efficiencies, affordability and be designed to improve health outcomes, benefits and coverage in the pharmacy benefit plans. Also mandates that the state "shall contract with a third party nonprofit pharmacy benefits manager to provide pharmacy benefit management services and negotiate pharmaceutical discounts, rebates and other prescription related cost savings with pharmaceutical manufacturers." (Finally passed by House and Senate, 6/23/03; signed into law/vetoed by governor 6/30/03) [Section 19 veto recommendation] |
Bulk, D, M, S |
| MA S 494 Sen. Barrios |
Would establish a Mass-Rx discount program, based on required manufacturer rebates, to reduce Rx cost to all qualified residents (based on the Maine Rx program). The names of manufacturers and labelers who do and do not enter into rebate agreements shall be public records. "The department shall impose prior authorization requirements in the Medicaid program under this Title, as permitted by law, for the dispensing of prescription drugs provided by those manufacturers and labelers." Also would establish "Maximum retail prices for prescription drugs sold in the commonwealth". Would create a new "office of pharmaceutical purchasing for the purpose of negotiating for the purchase of prescription drugs without the commonwealth, including but not limited to, Canadian sources." (Note: A pending amendment, 9/03, would change a purpose to "providing information to residents of the commonwealth regarding the purchase of prescription drugs from sources within and without the commonwealth, including but not limited to, Canadian sources" and shall act as a central agency through which residents of the commonwealth may obtain information.) (Filed 1/1/03 and sent to committee; carried over to 2004; did not pass by end of '04 formal session 7/31/04) |
D, CL, Imp |
| MA S 538, S 2161 Sen. Knapik |
Would require mail order and internet pharmacies outside of the state to register with the board of pharmacy. (Filed 1/1/03; carried over to 2004; did not pass by end of '04 formal session 7/31/04) |
Mkt |
| MA S 556 Sen. Montigny |
Would establish a program extending Medicaid discounts on prescription drugs to uninsured citizens. Eligible individuals include Medicare-eligible individuals whose financial eligibility exceeds 188 per cent of federal poverty level and who do not have an insurance policy that covers drugs and other individuals whose financial eligibility does not exceed 300 per cent of the federal poverty level. The division may establish, as part of the discount program, an annual enrollment fee. Subject to appropriation, the division shall make a payment of at least 2 percent of the cost of each prescription or refill dispensed to individuals enrolled in the program. (similar to Healthy Maine) (Filed 1/1/03; carried over to 2004; did not pass by end of '04 formal session 7/31/04) |
D, M |
| MA S 557, S 2207 Sen. Montigny |
Would require the division of medical assistance to negotiate supplemental rebates for prescription drugs. (Filed 1/1/03; carried over to 2004; did not pass by end of '04 formal session 7/31/04) |
M |
| MA S 558 Sen. Montigny |
Would provide that the senate president and speaker each appoint three representatives to National Legislative Association of Prescription Drug Pricing, and a that they provide a "summary of the activities of the association, and any findings and recommendations for making prescription drugs more affordable and accessible to citizens." (Filed 1/1/03; carried over to 2004*; favorable committee reports 2/5/04; did not pass by end of '04 formal session 7/31/04) |
D, M |
| MA S 559 Sen. Montigny |
Would require registration and disclosure of pharmaceutical marketing activities and reporting of gifts over $25. Would establish requirements for a prior authorization system. Would allow for supplemental rebates. Would establish a prescription drug waiver and would allow Medicare-eligible individuals below 188 percent of FPL who do not have an insurance policy that covers drugs and other individuals whose financial eligibility does not exceed 300 percent of the federal poverty level who do not have an insurance program that includes a prescription drug benefit, to purchase prescriptions at the Medicaid rate. The state would pay 2 percent of the cost of the prescription. Would establish the Massachusetts Prescription Drug Fair Pricing Program that would, 1) establish a state-wide preferred drug list, 2) use a single purchasing unit, 3) approve the use of bulk purchasing, 4) would approve use of a nonprofit PBM, 5) would allow a discount card program. (Filed 1/1/03; carried over to 2004; did not pass by end of '04 formal session 7/31/04) |
Bulk, D, Mkt, S, PDL |
| MA S 573 Sen. Moore |
Would allow doctor and pharmacist collaboration for drug therapy treatments. (Filed 1/1/03; carried over to 2004; did not pass by end of '04 formal session 7/31/04) |
- |
| MA S 606 Sen. Moore |
Would require that children in the child health insurance program receive prescription drug assistance from the division of medical assistance. (Filed 1/1/03; favorable committee report 11/10/03; carried over to 2004; did not pass by end of '04 formal session 7/31/04) |
S, M |
| MA S 612 Sen. Moore |
Would regulate the dispensing of complimentary sample or starter dose medication. (Filed 1/1/03; favorable committee report 6/26/03; carried over to 2004; did not pass by end of '04 formal session 7/31/04) |
- |
| MA S 656 Sen. Nuciforo |
Would require that patients in long-term care facilities be prescribed prescription drugs in single unit doses to reduce wasted medications. Bar code systems would be used to ensure that patients receive the right dosage and medication. Would require a study of the preferred drug list and prior authorization procedure. (Filed 1/1/03; favorable committee report 6/26/03; carried over to 2004; did not pass by end of '04 formal session 7/31/04) |
Lab |
| MA S 690 Sen. Tolman |
Would provide that as a condition of a pharmacy's participation in the Medicaid program, the pharmacy must charge Medicare beneficiaries a price that does not exceed the Medicaid/MassHealth reimbursement rate, including its dispensing fee. The bill would also allow that tax deductions for medical, dental or other expenses shall include the reasonable costs of travel to Canada for the purpose of purchasing prescription medications for personal use. (Filed 1/1/03; carried over to 2004; did not pass by end of '04 formal session 7/31/04) |
D |
| MA | See Rxads for additional legislation. | Mkt |
| MI HB 4151 Rep. Woodward |
Would create the "Michigan prescription drug fair pricing act," as a discount prescription drug program for certain individuals; allowing prescription drug manufacturers and labelers to enter into rebate agreements with the department of community health; and would allow certain retail pharmacies to offer certain discounts. (Filed and sent to committee 2/5/03; did not pass by end of '03 session*; held in committee 7/04) |
D, S |
| MI HB 4179 Rep. Shackleton |
Amends the Elder Prescription Insurance Coverage Act (EPIC) to change the $25 annual nonrefundable administrative fee to a refundable fee and to clarify that residents of an adult foster care home, home for the aged, |