CHAPTER 244
SB 450 - FINAL VERSION
03/31/2022 1202s
03/31/2022 1254s
2022 SESSION
22-3071
05/11
SENATE BILL 450
AN ACT relative to the prescription drug affordability board.
SPONSORS: Sen. Sherman, Dist 24; Sen. Rosenwald, Dist 13; Sen. Watters, Dist 4; Sen. Carson, Dist 14; Sen. Gannon, Dist 23; Sen. Perkins Kwoka, Dist 21; Sen. Prentiss, Dist 5; Rep. Merchant, Sull. 4; Rep. Marsh, Carr. 8; Rep. Murphy, Graf. 12
COMMITTEE: Health and Human Services
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AMENDED ANALYSIS
This bill clarifies the definition of manufacturer and pricing unit for purposes of the prescription drug affordability board; expands the ability of alternates to sit on the prescription drug affordability board; changes the executive director position from a classified to unclassified position; clarifies the board's authority to assess fees; establishes a dedicated fund to support the board; and establishes a criminal penalty for violation of confidentiality requirements.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/31/2022 1202s
03/31/2022 1254s 22-3071
05/11
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
AN ACT relative to the prescription drug affordability board.
Be it Enacted by the Senate and House of Representatives in General Court convened:
244:1 New Hampshire Prescription Drug Affordability Board; Definition of Manufacturer and Pricing Unit. Amend RSA 126-BB:1, IV and V to read as follows:
IV. "Manufacturer" means a manufacturer of prescription drugs that are distributed in the state. A manufacturer excludes a packager, repackager, labeler, and relabeler unless the packager, repackager, labeler, or relabeler sets the price or controls the price of a prescription drug.
V. "Pricing unit" means the smallest [dispensable amount of a prescription drug that could be dispensed] available package that can be used to dispense the smallest amount of a prescription drug.
244:2 New Hampshire Prescription Drug Affordability Board; Alternates. Amend RSA 126-BB:2, I to read as follows:
I. The board shall consist of 5 members with expertise in health care economics or clinical medicine, who shall not be, or be directly related to, anyone affiliated with, employed by, or representing the interests of a public payor, pharmaceutical or pharmacy company, pharmacy benefits management company, or health insurance provider and who have completed a conflict of interest statement. A member may be a legislator but is not required to be a legislator. They shall be appointed as follows:
(a) Two members by the president of the senate. The president of the senate shall also appoint [one] 2 alternate board [member] members who will participate in deliberations of the board in the event a member appointed by the president of the senate elects to be recused as provided in RSA 126-BB:3 or is absent.
(b) Two members by the speaker of the house of representatives. The speaker of the house of representatives shall also appoint [one] 2 alternate board [member] members who will participate in deliberations of the board in the event a member appointed by the speaker of the house of representatives elects to be recused as provided in RSA 126-BB:3 or is absent.
(c) One member by the governor. The governor shall also appoint [one] 2 alternate board [member] members who shall participate in deliberations of the board in the event the member appointed by the governor elects to be recused as provided in RSA 126-BB:3 or is absent.
244:3 New Hampshire Prescription Drug Affordability Board; Executive Director. Amend RSA 126-BB:2, VI to read as follows:
VI. The board shall be administratively attached to the department of health and human services. The board may employ staff, including but not limited to, an executive director who shall be [a classified] an unclassified employee. The executive director shall be appointed by and serve at the pleasure of the board.
244:4 Salary; Executive Director of the New Hampshire Prescription Drug Affordability Board. The salary for the executive director of the New Hampshire prescription drug affordability board shall be determined after assessment and review of the appropriate temporary letter grade allocation in RSA 94:1-a, I(b) for the position which shall be conducted pursuant to RSA 94:1-d and RSA 14:14-c.
244:5 New Subparagraph; New Hampshire Prescription Drug Affordability Board; Conflicts of Interest. Amend RSA 126-BB:3, II by inserting after subparagraph (f) the following new subparagraph:
(g) Notwithstanding the prohibition in RSA 21-G:25, I, any person whose employer cannot and will not directly benefit from action taken or not taken by the board may be appointed to, and serve as a member of, the board.
244:6 Funding; Assessment of Fees. Amend RSA 126-BB:8, I(e) to read as follows:
(e) Annual assessments of not less than $500 assessed by the board against prescription drug manufacturers, wholesale drug distributors, and pharmacy benefits managers, including those that process and pay claims on the basis of claims processed or paid for each plan sponsor.
244:7 New Hampshire Prescription Drug Affordability Board; Assessments. Amend RSA 126-BB:8, II to read as follows:
II. The aggregate level of annual assessments under subparagraphs (c) and (e) shall be an amount sufficient to meet the board's expenditures authorized; provided that such amount shall not exceed 125 percent of the board's annual operating costs. The board may waive assessments otherwise due under subparagraphs (c) and (e) when a waiver is determined to be in the interests of the board and the parties to be assessed.
II-a. Any entity assessed a fee or other assessment under this section may appeal such action in accordance with RSA 541.
244:8 New Hampshire Prescription Drug Affordability Board; Rulemaking; Appeal. Amend RSA 126-BB:6, IV to read as follows:
IV. The appeals process for assessments issued by the board under RSA 126-BB:8.
V. Any other matter required to implement this chapter.
244:9 New Paragraph; New Hampshire Prescription Drug Affordability Board; Dedicated Fund. Amend RSA 126-BB:8 by inserting after paragraph II the following new paragraph:
III. There is established a nonlapsing fund to be known as the New Hampshire prescription drug affordability board administration fund, which shall be kept distinct and separate from all other funds. The fund shall be continually appropriated to and administered by the board. All fees and assessments collected under this section shall be deposited in the fund. The board shall use the fund, consistent with the provisions of this chapter, to receive funds and to reimburse costs incurred by the board. The fund may be used to pay administrative, technical, legal support, or other costs incurred by the board under this chapter. The state treasurer may invest moneys in the fund as provided by law, and all interest received on such investment shall be credited to the fund.
244:10 New Section; Criminal Penalty. Amend RSA 126-BB by inserting after section 9 the following new section:
126-BB:9-a Criminal Penalty. Any person who knowingly uses confidential information obtained pursuant to this chapter or knowingly discloses confidential information obtained pursuant to this chapter to any person not authorized to review such information shall be guilty of a misdemeanor.
244:11 New Subparagraph; Dedicated Fund. Amend RSA 6:12, I(b) by inserting after subparagraph (382) the following new subparagraph:
(383) Moneys deposited in the New Hampshire prescription drug affordability board administration fund, established in RSA 126-BB:8, III.
244:12 Repeal. RSA 126-BB:8, I(c)(4), relative to annual assessment of pharmacy benefits managers, is repealed.
244:13 Effective Date. This act shall take effect July 1, 2022.
Approved: June 17, 2022
Effective Date: July 01, 2022
| Date | Body | Type |
|---|---|---|
| Jan. 20, 2022 | Senate | Hearing |
| March 31, 2022 | Senate | Floor Vote |
| April 25, 2022 | House | Hearing |
| April 25, 2022 | House | Exec Session |
June 22, 2022: Signed by the Governor on 06/17/2022; Chapter 0244; Effective 07/01/2022
June 7, 2022: Enrolled (in recess of) 05/26/2022 HJ 14
June 6, 2022: Enrolled Adopted, VV, (In recess 05/26/2022); SJ 13
June 7, 2022: Enrolled (in recess of) 05/26/2022 HJ 14
June 6, 2022: Enrolled Adopted, VV, (In recess 05/26/2022); SJ 13
May 4, 2022: Reconsider SB450 (Rep. Goley): MF DV 157-175 05/04/2022 HJ 11
May 4, 2022: Ought to Pass: MA RC 173-161 05/04/2022 HJ 11
May 4, 2022: Refer for Interim Study: MF DV 164-168 05/04/2022 HJ 11
April 26, 2022: Minority Committee Report: Ought to Pass
April 26, 2022: Majority Committee Report: Refer for Interim Study (Vote 10-9; RC)
April 26, 2022: Executive Session: 04/25/2022 11:15 am LOB 302-304
April 6, 2022: Public Hearing: 04/25/2022 11:15 am LOB 302-304
April 1, 2022: Introduced 03/31/2022 and referred to Executive Departments and Administration
March 31, 2022: Ought to Pass with Amendments 2022-1202s and 2022-1254s, MA, VV; OT3rdg; 03/31/2022; SJ 7
March 31, 2022: Sen. Sherman Floor Amendment # 2022-1254s, AA, VV; 03/31/2022; SJ 7
March 31, 2022: Committee Amendment # 2022-1202s, AA, VV; 03/31/2022; SJ 7
March 23, 2022: Committee Report: Ought to Pass with Amendment # 2022-1202s, 03/31/2022; SC 13
Jan. 13, 2022: Hearing: 01/20/2022, Room 101, LOB, 11:00 am; SC 3
Dec. 30, 2021: To Be Introduced 01/05/2022 and Referred to Health and Human Services; SJ 1