HB 1225 - AS INTRODUCED
2024 SESSION
24-2648
05/10
HOUSE BILL 1225
AN ACT relative to prescription drug affordability board conflicts of interest.
SPONSORS: Rep. Edwards, Rock. 31; Sen. Abbas, Dist 22
COMMITTEE: Commerce and Consumer Affairs
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ANALYSIS
This bill expands regulation of conflicts of interest applicable to members of the prescription drug affordability board.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2648
05/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to prescription drug affordability board conflicts of interest.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Prescription Drug Affordability Board; Conflicts of Interest. Amend RSA 126-BB:3 to read as follows:
126-BB:3 Conflicts of Interest. The following provisions govern any conflict of interest for a member of the board, a member of the advisory council established in RSA 126-BB:4 or any staff member or contractor of the board.
I. When appointing a member of the board or the advisory council, the appointing authority shall consider any conflict of interest disclosed by the prospective member. A member shall elect to be recused from any board activity in the case in which the member or an immediate family member of the member or a person with whom they are cohabitating has a conflict of interest. For the purposes of this paragraph, "conflict of interest" means an association, including a financial or personal association, that has the potential to bias or have the appearance of biasing an individual's decisions in matters related to the board or the conduct of the board's activities.
II. A board member or staff or contractor of the board with a conflict of interest shall elect to be recused. For purposes of this paragraph, "conflict of interest" means any instance in which a member of the board or an immediate family member of the member or a person with whom they are cohabitating has received or could receive either of the following:
(a) A direct financial benefit of any amount deriving from the results or findings of a study or determination by or for the board; or
(b) A financial benefit from individuals or companies that own or manufacture prescription drugs, services, or items to be studied by the board that in the aggregate exceeds $5,000 per year. For purposes of this subparagraph, "financial benefit" includes honoraria, fees, stock, or other financial benefit and the current value of the member's or immediate family member's or the cohabitating partner's already existing stock holdings, in addition to any direct financial benefit deriving from the results or findings conducted under this section.
(c) A conflict of interest shall be disclosed in the following circumstances or manner:
(1) By the board in the employment of board senior staff.
(2) By the governor, president of the senate, or speaker of the house of representatives when appointing members to the board and advisory council.
(3) By the board in describing any recusals as part of any final decision relating to a prescription drug.
(4) By the 5th day after a conflict is identified or, if a public meeting of the board will occur within that 5-day period, in advance of the public meeting.
(d) Conflicts of interest shall be publicly posted on the website of the board. The information disclosed shall include the type, nature, and magnitude of the interests of the individual involved, except to the extent that the individual elects to be recused from participation in any activity with respect to which the potential conflict exists.
(e) The board, the advisory council, a member of the board or staff, or a contractor of the board may not accept gifts, bequests, or donations of services or property that suggest a conflict of interest or have the appearance of creating bias in the work of the board or advisory council.
(f) A member of the advisory council who accepts a gift, bequest, or donation of services or property that suggests a conflict of interest or has the appearance of creating bias in the work of the advisory council shall disclose the gift, bequest, or donation publicly.
(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.
III. The board, the advisory council, a member of the board or staff, or a contractor of the board shall not accept gifts, bequests, or donations of services or property that suggest a conflict of interest or have the appearance of creating bias in the work of the board or advisory council.
IV.(a) A member of the advisory council who accepts a gift, bequest, or donation of services or property that suggests a conflict of interest or has the appearance of creating bias in the work of the advisory council shall disclose the gift, bequest, or donation publicly.
(b) The governor and council may immediately remove a board member or staff member who has entered into a conflict of interest while actively serving in their board or staff capacity.
(c) 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.
2 Effective Date. This act shall take effect 60 days after its passage.
| Date | Body | Type |
|---|---|---|
| Jan. 18, 2024 | House | Hearing |
| March 13, 2024 | House | Exec Session |
March 28, 2024: Refer for Interim Study: MA VV 03/28/2024 HJ 10
March 18, 2024: Committee Report: Refer for Interim Study 03/13/2024 (Vote 18-0; CC) HC 12 P. 6
March 7, 2024: Executive Session: 03/13/2024 10:00 am LOB 302-304
Feb. 14, 2024: Subcommittee Work Session: 02/20/2024 10:00 am LOB 305
Feb. 7, 2024: Subcommittee Work Session: 02/14/2024 10:00 am LOB 302-304
Jan. 9, 2024: Public Hearing: 01/18/2024 10:15 am LOB 302-304
Dec. 1, 2023: Introduced 01/03/2024 and referred to Commerce and Consumer Affairs