S 652 (accompanied by study order S 2535) – Massachusetts

Status: Inactive / Dead
Year Introduced: 2017
Link: https://malegislature.gov/Bills/190/S652

AN ACT TO PROMOTE TRANSPARENCY AND PREVENT PRICE GOUGING OF PHARMACEUTICAL DRUG PRICES. Would require the Center for Health Information and Analysis to identify prescription drugs sold within the Commonwealth that are (1) the ten costliest drugs by total private health care payer spending; (2) the 10 drugs with the highest annual increase in total private health care payer spending; (3) prescription drugs introduced to the U.S. market within the past 10 years at a wholesale acquisition cost of $10,000 or more annually or per course of treatment; and (4) prescription drugs whose wholesale acquisition cost has increased by at least 50% in the past five years or by at least 15% the past year. Would require each manufacturer of a drug on the Center list to report each factor contributing to the drug’s cost or cost increase, and the percentage of cost or cost increase attributable to each factor. Would require the Health Policy Commission to notify the Attorney General, the Secretary of Health and Human Services, payers and providers when a a drug price has not been adequately justified and recommend further actions to be taken by the Attorney General. The attorney general may promulgate regulations to define prescription drug prices excessively higher than justified, under section 10A of chapter 6D, as an “unfair practice” prohibited by this section. Such regulations shall not be inconsistent with the rules, regulations and decisions of the Federal Trade Commission and the Federal Courts interpreting the provisions of 15 U.S.C. 45(a)(1) (The Federal Trade Commission Act), as from time to time amended.

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