Revision: Jan. 16, 2019, 9:35 a.m.
HB 656 - AS INTRODUCED
2019 SESSION
19-0799
01/03
HOUSE BILL 656
SPONSORS: Rep. Butler, Carr. 7; Rep. Marsh, Carr. 8; Rep. Knirk, Carr. 3; Rep. Hennessey, Graf. 1; Sen. Bradley, Dist 3; Sen. Sherman, Dist 24
COMMITTEE: Commerce and Consumer Affairs
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ANALYSIS
This bill establishes a commission to study the impact of financial initiatives for commercially insured members by drug manufacturers on prescription drug prices and health insurance premiums.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
19-0799
01/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Commission to Study the Impact of Financial Initiatives for Commercially Insured Members by Drug Manufacturers on Prescription Drug Prices and Health Insurance Premiums. Amend RSA 415 by inserting after section 27 the following new section:
415:28 Commission to Study the Impact of Financial Initiatives for Commercially Insured Members by Drug Manufacturers on Prescription Drug Prices and Health Insurance Premiums Established.
I.(a) There is established a commission to study the impact of financial initiatives for commercially insured members by drug manufacturers on prescription drug prices and health insurance premiums. The members of the commission shall be as follows:
(1) Three members of the house of representatives, appointed by the speaker of the house of representatives.
(2) One member of the senate, appointed by the president of the senate.
(3) The insurance commissioner, or designee.
(4) The commissioner of the department of health and human services, or designee.
(5) Two public members who have used copay coupons or drug discount cards to assist with the cost of his or her prescription medications, appointed by the speaker of the house of representatives.
(6) A representative of the New Hampshire Hospital Association, appointed by the association.
(7) A physician licensed under RSA 329, appointed by the New Hampshire Medical Society.
(8) The executive director of New Futures, or designee.
(9) A representative of the New Hampshire Pharmacists Association, appointed by the association.
(10) A member representing pharmacy benefit managers, appointed by the Pharmaceutical Care Management Association.
(11) A representative of America's Health Insurance Plans (AHIP), appointed by that organization.
(12) A representative of Pharmaceutical Research and Manufacturers of America, appointed by that organization.
(b) Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.
II.(a) The commission shall study how financial initiatives for commercially insured members impact the cost of prescription drug prices and health insurance premiums. The commission’s study shall include, but not be limited to:
(1) Identification of current financial assistance initiatives for commercially insured members provided by drug manufacturers, both directly and indirectly.
(2) How the use of free drug samples, copay coupons, and drug discount cards affect the health plan formularies, use of medications, charges, and payment rates for drugs.
(3) How the use of free drug samples, drug copay coupons, and drug discount cards affect medical cost trends and health insurance premiums.
(4) How drug manufacturer financial assistance with member cost sharing coordinates within commercial health insurance cost sharing structures, including high deductible health insurance plans.
(5) An examination of all persons, entities, and organizations that benefit from consumer use of drug manufacturer provided financial assistance to commercially insured members.
(6) How the use of drug manufacturer provided financial assistance drives market share of certain prescription drugs.
(7) Identification of various funding provided to patient advocacy groups by drug manufacturers, either directly or indirectly.
(8) A review of legislative efforts in other states and the results of those efforts.
(9) How drug manufacturer financial assistance initiatives benefit consumers who cannot otherwise afford their prescription medication.
(10) Recommending changes to New Hampshire law, as necessary, to reduce the rising cost of pharmaceuticals.
(b) The commission may solicit input from any person or entity the commission deems relevant to its study.
III. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named house member. The first meeting of the commission shall be held within 45 days of the effective date of this section. Eight members of the commission shall constitute a quorum.
IV. On or before November 1, 2019, the commission shall submit an interim report of its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library and shall submit a final report on or before November 1, 2020.
2 Repeal. RSA 415:28, relative to a commission to study the impact of financial initiatives for commercially insured members by drug manufacturers on prescription drug prices and health insurance premiums, is repealed.
I. Section 2 of this act shall take effect November 1, 2020.
II. The remainder of this act shall take effect upon its passage.