SB688 (2020) Detail

(New Title) relative to the pricing of generic prescription drugs.


SB 688-FN - AS AMENDED BY THE SENATE

 

03/12/2020   1065s

2020 SESSION

20-2728

01/10

 

SENATE BILL 688-FN

 

AN ACT relative to the pricing of generic prescription drugs.

 

SPONSORS: Sen. Fuller Clark, Dist 21; Sen. Rosenwald, Dist 13; Sen. Hennessey, Dist 5; Sen. Sherman, Dist 24; Rep. McMahon, Rock. 7; Rep. Bartlett, Merr. 19

 

COMMITTEE: Commerce

 

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AMENDED ANALYSIS

 

This bill clarifies the pricing of generic prescription drugs under the law governing consumer protection.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/12/2020   1065s 20-2728

01/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to the pricing of generic prescription drugs.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Consumer Protection: Acts Unlawful.  Amend RSA 358-A:2, XIV to read as follows:

XIV.  Pricing of goods or services in a manner that tends to create or maintain a monopoly, or otherwise harm competition, including the pricing of generic prescription drugs.

2  Effective Date.  This act shall take effect upon its passage.

 

LBAO

20-2728

1/7/20

 

SB 688-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT prohibiting price gouging in the sale of prescription drugs.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

The Judicial Branch was originally contacted for a fiscal note worksheet on November 18, 2019, which they have not provided as of January 7, 2020.

 

METHODOLOGY:

This bill requires the commissioner of the Department of Health and Human Services to notify the Department of Justice of certain price increases for essential off-patent or generic drugs.  The bill authorizes the Department of Justice to issue a civil investigative demand upon receipt of notification of suspected price gouging or in any other case in which the Department has reasonable cause to believe that unfair price gouging has occurred or is about to occur.  The Department of Justice expects the bill to result in an increased number of investigations, with an indeterminable fiscal impact.  The Department of Health and Human Services likewise expects an indeterminable cost associated with monitoring and reporting on price increases.   

 

AGENCIES CONTACTED:

Department of Health and Human Services, Department of Justice, and Judicial Branch

 

Links

SB688 at GenCourtMobile
SB688 Discussion

Action Dates

Date Body Type
Jan. 21, 2020 Senate Hearing
March 12, 2020 Senate Floor Vote
March 11, 2020 Senate Floor Vote

Bill Text Revisions

SB688 Revision: 8314 Date: March 12, 2020, 12:52 p.m.
SB688 Revision: 8006 Date: Jan. 14, 2020, 4:15 p.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and Referred to Commerce; SJ 2
Jan. 21, 2020 Hearing: 01/21/2020, Room 100, SH, 01:15 pm; SC 3
March 11, 2020 Committee Report: Ought to Pass with Amendment # 2020-1065s, 03/11/2020; SC 10
March 12, 2020 Committee Report: Ought to Pass with Amendment # 2020-1065s, 03/12/2020; SC 10
March 11, 2020 Committee Amendment # 2020-1065s, AA, VV; 03/11/2020; SJ 6
March 11, 2020 Ought to Pass with Amendment 2020-1065s, RC 14Y-10N, MA; OT3rdg; 03/11/2020; SJ 6
March 12, 2020 Sen. Feltes Moved to Reconsider the following action taken by this Body: Rescind Order to Third Reading and Final Passage, and Reconsider the Vote on Ought to Pass with Amendment, MA, VV; 03/12/2020; SJ 7
March 12, 2020 Ought to Pass with Amendment 2020-1065s, RC 24Y-0N, MA; OT3rdg; 03/12/2020; SJ 7
June 30, 2020 Introduced and Laid on Table MA VV 06/30/2020