Trade Organizations Challenge Nevada’s Drug Price Transparency Law

We recently wrote about the newly enacted Nevada drug price transparency law here.  The law requires manufacturers of prescription diabetes drugs to disclose certain drug cost information to the state Department of Health and Human Services (“Department”).  In addition, the law imposes several unique reporting requirements on non-profit patient advocacy groups and pharmaceutical sales representatives.  We expected that these reporting requirements would garner some attention and,… More

Hearings on Massachusetts Transparency Bills Set for July 11

Three pieces of Massachusetts pharmaceutical pricing legislation are set for a hearing before the legislature’s Joint Committee on Healthcare Financing at 11:00 AM on July 11.  S. 652, sponsored by Sen. Mark Montigny, would impose strict reporting requirements on manufacturers of covered drugs, while empowering the state Health Policy Commission (HPC) to annually identify drugs with prices “excessively higher than justified,” and authorizing the Attorney General to bring consumer protection actions against manufacturers charging such prices. … More

Nevada Enacts Drug Price Transparency Law

Nevada Governor Brian Sandoval recently signed into law a drug price transparency bill, SB 539.  The law primarily concerns price transparency measures for prescription diabetes drugs, but also imposes reporting requirements on nonprofit patient advocacy groups and pharmaceutical sales representatives that we’ve yet to see enacted in any other state.

First, the law requires nonprofit patient advocacy groups to annually compile a report disclosing any payment,… More

Federal Drug Price Transparency Legislation Introduced in U.S. Senate

On June 13, Sen. Ron Wyden (D-OR) introduced price transparency legislation that has similarities to the many state bills that have been introduced on the issue in recent years.  S. 1348, entitled the Stopping the Pharmaceutical Industry from Keeping Drugs Expensive (SPIKE) Act of 2017, would impose price reporting requirements on drugs that, per dose 1) have a WAC of at least $10 and have experienced a 100% 12-month WAC increase;… More

Compromise Price Transparency Measures Enacted in Louisiana

Two drug price transparency measures were signed Wednesday by Louisiana Governor John Bel Edwards after passing both houses of the legislature unanimously.  HB 436 passed the Senate on June 2 after having passed the House May 24.  This bill would require manufacturers engaging in marketing of prescription drugs in Louisiana to report quarterly to the Louisiana Board of Pharmacy the current WAC prices for those drugs.

Under SB 59,… More

Transparency Legislation Passes California State Senate

California’s latest effort at a drug price transparency bill, SB 17, moved one step closer to becoming law on Tuesday when it passed the State Senate 26-10.  The legislation, sponsored by Sen. Ed Hernandez, would require the manufacturers of prescription drugs experiencing large increases in WAC to give purchasers 90 days’ advance notice of the increase, and report detailed information to the state Office of Statewide Health Planning and Development (OSHPD). … More

Maryland Price-Gouging Legislation to Become Law Without Governor’s Signature

HB 631, Maryland’s first-in-the-nation “price gouging” bill, will become law without the signature of Governor Larry Hogan (R).  In a letter to Maryland Speaker of the House Michael Busch (D), Hogan stated that he would not sign the legislation due to concerns that it could violate the “dormant” application of the Commerce Clause of the U.S. Constitution.  However, Hogan declined to veto the legislation,… More

Massachusetts Senator Introduces Drug Transparency Bill Vesting CHIA and Attorney General with Oversight Authority

On January 19, 2017, Senator Mark C. Montigny introduced S.652 – “An Act to promote transparency and cost control of pharmaceutical drug prices.”  The bill currently sits in the Senate Committee on Health Care Financing, and covers the following categories of drugs: 1) the 10 costliest drugs to private payers in a given year; 2) the 10 drugs causing the highest annual increase in private payer spending;… More

Transparency Legislation Targeting Drug Manufacturers and Health Plans in California Senate Appropriations Committee

One of the more aggressive pieces of price transparency legislation introduced this year is currently before the Appropriations Committee in the California State Senate.  Under SB17, manufacturers of drugs that have experienced three-year increases in WAC greater than either 10% (for drugs with WAC over the Medicare Part D specialty drug threshold) or 25% (for drugs with WAC under the threshold) would be required to give 90 days’ advance notice of the increase to purchasers (including state purchasers,… More

Drug Manufacturers Commit to Price Increase Limits and Transparency

Recent months have seen a continuing trend of commitments by pharmaceutical industry leaders to limit annual price increases and to report on pricing practices.  On September 6, 2016, Allergan CEO Brent Saunders announced, in a blog post highlighting a “social contract” between drug manufacturers and patients, that Allergan would raise prices for its branded products no more than once per year, and by no more than 10%. … More