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
Category Archives: Government Payers
Maryland ‘Price-Gouging’ Legislation Goes to Governor
In a lopsided 137 to 2 vote on April 10, 2017, the Maryland House of Delegates passed HB 631, which outlaws “price gouging” by manufacturers and wholesale distributors of certain “essential off-patent or generic drugs.” Price gouging is defined as “an unconscionable increase in the price of a prescription drug.”
The legislation applies to drugs for which exclusive marketing rights have expired,… More
Supplemental Rebates for Medicaid Drugs Enacted with New York Budget
On Thursday, April 20, the Governor Andrew Cuomo signed into law New York’s 2017-18 budget. The budget adds a new section 280 to the New York Public Health Law which requires the Commissioner of Health to set an aggregate Medicaid drug spending growth threshold for 2017 and 2018, and allows the Commissioner to refer drugs to the Drug Utilization Review Board for pricing reviews when the state is projected to exceed the threshold. … More