HB 1780 – New Hampshire

Status: Inactive / Dead
Year Introduced: 2017
Link: http://www.gencourt.state.nh.us/bill_Status/bill_status.aspx?lsr=2607&sy=2018&txtsessionyear=2018&txtbillnumber=hb1780&sortoption=

PROHIBITING PRICE GOUGING BY CERTAIN PRESCRIPTION DRUG COMPANIES: This bill would prohibit price gouging of essential off-patent or generic drugs. The Department of Justice would be charged with enforcing the statute. To determine whether a manufacturer or wholesaler engaged in illegal conduct, the Department would need to hire experts with knowledge of the pharmaceutical industry and the pricing of drugs. The experts would assist the Department in analysis of a specific drug’s pricing to determine if the price increase was “excessive and not justified by the cost of producing the drug or the cost of appropriate expansion of access to the drug to promote public health”. Any enforcement actions taken against the company would result in litigation requiring the continued assistance of experts.

The Risk Management Unit within the Department of Administrative Services would be permitted to work with the Attorney General and the State Health Plan’s Pharmacy Benefits Manager (PBM) to determine whether price gouging has occurred. The effort to determine if price gouging has occurred may impact expenditures for PBM administrative charges, refunds to the plan in cases of price gouging and additional costs associated with monitoring reports and calculating payments due from manufacturers.

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