The Source Blog
Recent Action in Pharmaceuticals
Introduced: 2019 Status: Enacted
An act revising reimbursement conditions for a network pharmacy or pharmacist; allowing pharmacists to discuss reimbursement criteria and sell more affordable alternatives to a covered person; prohibiting penalties for disclosing reimbursement criteria; prohibiting copayments that …
SB 335 – Montana
Introduced: 2019 Status: Enacted
Revise insurance laws related to pharmacies & certain health entities. A bill for an act entitled: “An Act prohibiting discrimination against federally certified health entities in certain health-related contracts; amending sections 33-22-101, 33-22-170, and 33-31-111, …
S 06303 (see companion bill A 08246 – New York
Introduced: 2019 Status: In Process
Requires any third-party payments, financial assistance, discount, voucher or other price reduction instrument for out-of-pocket expenses made on behalf of an insured individual for the cost of prescription drugs to be applied to the insured’s …
S 06244 (see companion bill A 04521) – New York
Introduced: 2019 Status: In Process
Relates to access to appropriate drugs at reasonable prices, formulary exceptions, standing prior authorizations and external appeals; to access to retail pharmacies, prescription synchronization, limits on patient drug costs, explanations of benefits and rebates; to …
S 01792 – New York
Introduced: 2019 Status: In Process
Relates to copayments for prescription drugs; provides that no corporation or insurer shall require, or enter into a contract which permits, a copayment which exceeds the total price paid to the pharmacy for such prescribed …
S 05682 (see companion bill A 07588) – New York
Introduced: 2019 Status: In Process
Creates a wholesale prescription drug importation program which complies with federal standards and regulations for the purpose of generating substantial savings for consumers.
S 05942 (see companion bill A 08253) – New York
Introduced: 2019 Status: In Process
Requires certain manufacturers of prescription drugs to notify the drug utilization review board of the proposed increase of the wholesale acquisition cost of such prescription drugs.
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District Court: Ohio Court of Common Pleas (Franklin County) Status: Pending
On March 15, 2019, Ohio’s attorney general Dave Yost sued OptumRx in Ohio state court, claiming that between 2015 and 2018, the PBM failed to pass …
Pharm. Care Mgmt. Ass’n v. Gerhart – Iowa
District Court: Southern District of Iowa Status: Decided
Trade association representing pharmacy benefits managers (PBM) brought action against State of Iowa, seeking declaration that statute that regulated how PBMs established generic drug pricing …
Pharm. Care Mgmt. Ass’n v. Tufte – North Dakota
District Court: District of North Dakota Status: Pending
Trade association representing pharmacy benefit managers (PBMs) brought action against North Dakota state officials in their official capacities, alleging that Employee Retirement Income Security Act …
Minnesota v. Sanofi-Aventis U.S. LLC – Minnesota
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 …
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 …
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 …
Next | See all Litigation Records
News & Opinions
Articles & Reports
NASHP December 2, 2019
JAMA Internal Medicine December 2, 2019
NEJM November 28, 2019
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