PHARMACEUTICALS
Updated – Source Short: Congress Acts to Ban Gag-clauses in Pharmacy Contracts
Katie Gudiksen, Senior Health Policy Researcher September 27, 2018
*Updated: September 27, 2018 On Tuesday, September 25, the House voted to pass the Patient Right to Know Drug Prices Act, so the bill currently awaits President Trump’s Signature. In addition, both the House and Senate passed the Know the Lowest Price Act of 2018 (S.2553), which bans gag-clauses in Medicare Advantage or Medicare Part D plans. In a tweet on September 17, President Trump expressed his support of legislation that will remove gag clauses. As a result, gag-clauses at pharmacy counters will likely be prohibited, so pharmacists will be …
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AB 315: Mandating PBM Registration and Disclosures – An Important Step to Increasing Drug Price Transparency and Competition
Sammy Chang, Health Policy Researcher September 25, 2018
AB 315, considered to be a complementary bill to SB 17, which mandated prescription drug pricing transparency, is an important bill that would ensure more transparency of pharmacy benefit managers (PBMs) by regulating PBMs and gathering data on how PBMs impact the dispensing of certain prescription drugs. The intent of the bill is to allow consumers to purchase drugs at the lowest price by allowing purchasers, like health plans, to keep PBMs accountable for the savings PBMs promised. However, this bill almost didn’t come to be. AB 315 was sent …
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Source Short: Senate Passes Legislation Banning Gag-clauses in Pharmacy Contracts
Katie Gudiksen, Senior Health Policy Researcher September 19, 2018
On Monday, September 17, the Senate overwhelmingly passed S.2554, the Patient Right to Know Drug Prices Act, with a vote of 98-2.[1] Congress appears to be building on the momentum of recent state action to prohibit gag-clauses that prevent pharmacists from telling insured patients when the cost of their co-payment exceeds the cash price of the drug. While the Senate bill does not forbid pharmacists from collecting more than the cash price for a prescription, it does allow them to tell patients when their out-of-pocket costs using their health plan …
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Litigation and Enforcement Highlights – September 2018
Amy Y. Gu, Managing Editor September 17, 2018
In this month’s Litigation and Enforcement Highlights, we recap two small but meaningful wins in courts for state legislation aimed at controlling rising drug prices. We also take a peek at the newest developments of two potential mega mergers and the legal challenge against the Affordable Care Act, both of which could change the landscape of the healthcare industry. Judge Boots Challenge Against California’s Transparency Law on Technicality In the latest development of the legal challenge against California’s recently passed SB 17, the U.S. District Court for the Eastern …
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Spotlight on 2018 State Drug Legislation: Part 4 – Price Gouging Prohibitions
Katie Gudiksen, Senior Health Policy Researcher September 11, 2018
*Update: This post was written before the end of the 2018 legislative session. For the most recent count of states that passed these legislation, see the Spotlight on 2018 State Drug Legislation Summary: The Year in Review or download our Summary Chart. In this installment of The Source’s Spotlight on State Drug Legislation, we focus on price gouging prohibitions. In 2017, Maryland became a pioneer among states addressing rising drug costs when it passed the first law (HB 631) to prevent price gouging in the pharmaceutical market. At the start …
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The Source’s Work on California’s Drug Transparency Law Published in Health Affairs
Amy Y. Gu, Managing Editor September 7, 2018
The Source’s Katie Gudiksen and Professor Jaime King, along with collaborators from the University of California, Berkeley, wrote a Commentary for the September issue of Health Affairs entitled “California’s Drug Transparency Law: Navigating The Boundaries Of State Authority On Drug Pricing.” In the paper, the authors analyze California’s law requiring disclosures from drug manufacturers prior to releasing new drugs or increasing the cost of existing drugs above a threshold and compare it to other state efforts. They also discuss how federal laws limit states’ ability to pass meaningful legislation and …
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Spotlight on 2018 State Drug Legislation: Part 3 – Pharmacist Gag Clauses
Katie Gudiksen, Senior Health Policy Researcher August 28, 2018
*Last Update: This post was written before the end of the 2018 legislative session. For the most recent count of states that passed these legislation, see the Spotlight on 2018 State Drug Legislation Summary: The Year in Review or download our Summary Chart. *Updated 10/10/18: Since the original publication, the federal government enacted laws to ensure a federal ban on pharmaceutical gag-clauses. On Wednesday, October 10, President Trump signed into law both bills passed by Congress to ban gag clauses in pharmacy contracts: the Patient Right to Know Drug Prices …
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Amy Y. Gu, Managing Editor August 15, 2018
This month we highlight new developments in several high profile antitrust enforcement cases and pharmaceutical legal actions, including 1) new challenges to the proposed Beth Israel-Lahey merger, 2) expanded probe into generic drugs price-fixing scheme, 3) conclusion to Allergan’s patent saga, and 4) the future of Maryland’s price gouging law. Massachusetts Health System Merger Hits Roadblock, with Rocky Road Ahead We have our eye on the proposed merger of Beth Israel Deaconess Medical Center and Lahey Health, which has been under regulatory review since December 2017. As we covered …
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Spotlight on 2018 State Drug Legislation: Part 2 – Rate-Setting
Katie Gudiksen, Senior Health Policy Researcher August 8, 2018
*Update: This post was written before the end of the 2018 legislative session. For the most recent count of states that passed these legislation, see the Spotlight on 2018 State Drug Legislation Summary: The Year in Review or download our Summary Chart. Prescription drug spending remains an important issue to many Americans. According to a poll by the Kaiser Family Foundation, the affordability of prescription drugs is the top health care priority for voters.[1] In response to public outcry, many states have taken up the mantle of improving affordability and …
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The Source Roundup: August 2018 Edition
Tiffany Wang, Student Fellow August 1, 2018
Happy August! In this edition of the Source Roundup, we cover four academic articles and reports from June and July. The topics this month include: (1) price transparency as a means to affordable health care; (2) effect of state-based individual mandates; (3) Trump’s 5-Part Medicare Part D plan; and (4) Medicare’s experiment with bundled payments. Price Transparency Goals to Achieve Affordable Health Care Skeptics have questioned whether consumer price transparency initiatives are an effective means of driving down healthcare costs. In the NEJM Catalyst article, “Defining the Goals of …
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