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, the Louisiana Board of Pharmacy must post on a website WAC prices for individual prescription drugs, organized by therapeutic category, as reported under HB 436.  Health profession licensing boards that regulate Louisiana prescribers are required to advise them annually of the availability of the website.  However, this mandate is contingent upon the Board obtaining private grant funding sufficient to implement and operate the website.  The Board must actively seek out this grant funding.

This tandem of transparency measures represents the moderation of previous versions of the bills introduced earlier this session.  As introduced, HB 436 would have required manufacturers of drugs on a “critical prescription drug list” to disclose extensive information on production, research, and marketing costs, as well as prices to non-US purchasers.  It would also have imposed detailed price disclosure requirements applicable to the marketing of pharmaceuticals to healthcare providers.  SB 59 as introduced would have required pharmaceutical marketers to provide a detailed history of the AWP of the drug whenever providing marketing materials to prescribers.

SB 59 took effect upon signature.  HB 436 will become effective August 1.

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