The Source Blog
Recent Action in Pharmaceuticals
Introduced: 2024 Status: In Process
This bill aims to regulate pharmacy benefits managers (PBMs), pharmacies, and prescription drug benefits. It requires that any payments a covered person makes for a prescription drug must be applicable to any deductibles in the …
SF 554 – Iowa
Introduced: 2024 Status: In Process
This bill is designed to regulate the operations of Pharmacy Benefits Managers (PBMs) in the state of Iowa. It introduces a system of reverse auctions to determine which PBM will provide services for public sector …
LB 984 – Nebraska
Introduced: 2024 Status:
This bill aims to regulate the actions relating to the distribution of drugs by 340B entities. A 340B entity refers to an entity authorized to participate in the federal 340B drug discount program which allows …
LB 990 – Nebraska
Introduced: 2024 Status:
A BILL FOR AN ACT relating to the Pharmacy Benefit Manager Licensure and Regulation Act; to amend sections 44-4603, 44-4604, 44-4606, and 44-4610, Revised Statutes Cumulative Supplement, 2022; to define and redefine terms; to change …
HB 490 – Kentucky
Introduced: 2024 Status: In Process
Create a new section of KRS Chapter 315 to define terms, prohibit discrimination against 340B covered entities by pharmaceutical manufacturers, and authorize the Attorney General to investigation violations.
HB 823 – Kentucky
Introduced: 2024 Status: In Process
Create new sections of KRS Chapter 194A to establish the Kentucky Prescription Drug Affordability Board; establish the duties and membership of the board; provide that the board be a budgetary unit of the Office of …
SB 1164 – Arizona
Introduced: 2024 Status: In Process
This bill amends title 20, chapter 25, article 2 of the Arizona Revised Statutes, establishing regulations for Pharmacy Benefit Managers (PBMs). PBMs are third-party administrators of prescription drug programs. The bill prohibits PBMs from limiting …
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District Court: District Court of New Jersey Status: Pending
Minnesota’s attorney general filed a suit accusing Sanofi, Eli Lilly, and Novo Nordisk, the three largest manufacturers of insulin, of price gouging. The lawsuit, filed in …
Federal Trade Commission v. Allergan and Watson Laboratories, Inc. et al. – California
District Court: Northern District of California Status: Decided
On January 23, 2017, the FTC refiled a complaint against Watson Laboratories and its former parent company, Allergan, for entering a pay-for-delay settlement with EndoPharmaceuticals to block a generic version of …
In re: Flonase Antitrust Litigation – Louisiana, Pennsylvania
District Court: Eastern District of Pennsylvania Status: Pending
On December 22, 2017, the U.S. Court of Appeals for the Third Circuit ruled that an antitrust suit filed by Louisiana’s Attorney General against GlaxoSmithKline …
Mohr-Lercara v. Oxford Health Ins., Inc. – New York
District Court: Southern District of New York Status: Pending
A proposed class action was filed in New York federal court accusing Oxford Health Insurance of overcharging patients for prescription drugs. The complaint alleges that …
In Re UnitedHealth Group PBM Litigation – Minnesota
District Court: District of Minnesota Status: Decided
Plan members brought suit against UnitedHealth Group, Inc. under ERISA and RICO for Defendants’ conduct in administrating pharmacy benefits that allegedly caused Plaintiffs to overpay …
Negron v. Cigna and OptumRx – Connecticut
District Court: District of Connecticut Status: Pending
Cigna faces a class-action lawsuit alleging the insurance giant overcharged its members by more than 10 times the amount the insurer paid for certain prescription …
Federal Trade Commission v. Actavis, Inc. – Georgia
District Court: Northern District of Georgia Status: Decided
The Supreme Court ruled in favor of the FTC, holding that a brand name manufacturer’s payment to a generic competitor to settle patent infringement claims …
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News & Opinions
Noah TongJuly 16, 2024
Modern Healthcare StaffJuly 15, 2024
Lauren BerrymanJuly 11, 2024
Liz Essley Whyte, Anna Wilde MathewsJuly 10, 2024
Articles & Reports
Health Affairs Forefront November 28, 2023
Health Affairs Forefront November 16, 2023
Health Affairs November 6, 2023
Trends in Pharmaceuticals
State Pharmaceutical Legislation
Click on highlighted states to see all legislative action to regulate pharmaceutical price and competition in the 2019 session. Click to see 2018 trends for a side-by-side comparison.
2019 Drug Pricing Transparency Legislation
Pharmaceutical price transparency legislation requires disclosures from drug manufacturers and insurers to help lawmakers and the public better understand how drugs are priced and how those prices affect insurance premiums. Click to see 2018 trends for a side-by-side comparison.
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Key:
- Enacted
- Considered
2019 Pharmaceutical Rate-Setting Legislation
Rate setting legislation either establishes the price of a prescription drug or sets the maximum amount a payer can pay for a drug. Click on highlighted states to see rate-setting legislation considered or enacted in the 2019 session. Click to see 2018 trends for a side-by-side comparison.
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Key:
- Enacted
- Considered
2019 Drug Importation Legislation
Click on highlighted states to see drug importation legislation considered or enacted in the 2019 session. Click to see 2018 trends for a side-by-side comparison.
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Key:
- Enacted
- Considered
2019 Drug Price Gouging Prohibition Legislation
Price gouging prohibitions typically empower the state Attorney General to act if the price of a drug is raised above a threshold. Click on highlighted states to see legislation considered in the 2019 session. Click to see 2018 trends for a side-by-side comparison.
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Key:
- Enacted
- Considered
2019 Pharmacy Benefit Manager Regulation Legislation
Legislation to regulate Pharmacy Benefit Managers (PBMs) typically include provisions that 1) require PBMs to register with the state, 2) mandate disclosures by PBMs, or 3) prevent PBMs from incentivizing the use of mail-order pharmacies. Click to see 2018 trends for a side-by-side comparison.
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Key:
- Enacted
- Considered