Revision: March 30, 2022, 4:35 p.m.
Sen. Sherman, Dist 24
Sen. Bradley, Dist 3
March 29, 2022
2022-1254s
05/04
Floor Amendment to SB 450
Amend the bill by replacing section 1 with the following:
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.
Amend RSA 126-BB:8, II as inserted by section 7 of the bill by replacing it with the following:
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.
2022-1254s
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.