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 of Delaware Status: Decided
On February 7, 2017, the FTC filed a complaint against Shire ViroPharma, alleging that the pharmaceutical company engaged in unfair method of competition and violated …
Walgreen Co. et al v. Allergan, Inc – New York
District Court: Eastern District of New York Status: Pending
Four drug retailers, including Walgreens and Albertsons, filed an antitrust suit alleging that Allergan devised and carried out a multifaceted and anticompetitive scheme to maintain …
PhRMA v. David – California
District Court: Eastern District of California Status: Decided
PhRMA challenged California’s drug price transparency law SB 17 alleging that the law is unconstitutional because it violates the Commerce Clause, the First Amendment, and …
Pharmaceutical Care Management Association (PCMA) v. Rutledge – Arkansas
District Court: Eastern District of Arkansas Status: Decided
Act 900 (SB 688), enacted in 2015, required disclosure of generic drug pricing and sets a floor on prices that PBMs can pay to pharmacies …
In re Express Scripts/Anthem ERISA Litigation – New York
District Court: Southern District of New York Status: Pending
The district court dismissed a proposed class action against Anthem Inc. and Express Scripts Inc. over drug pricing methods, holding that the companies can’t be …
Alcon Labs., Inc. v. Cottrell – New Jersey
District Court: District of New Jersey Status: Decided
Consumers brought putative class action against manufacturers and distributors of prescription eye medication, alleging they packaged medication in such a way as to force consumers …
Drogueria Betances LLC v. Novartis Pharmaceuticals Corp. – New York
District Court: Southern District of New York Status: Pending
Novartis Pharmaceuticals Corp. allegedly agreed with Par Pharmaceuticals Inc. to squelch generic competition to Novartis’s hypertension drug Exforge, resulting in buyers paying millions more than …
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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