The Source Blog
Recent Action in Pharmaceuticals
Introduced: 2021 Status: Enacted
Retain original provisions; delete provision prohibiting an insurer with a cost-sharing requirement of less than $30 for a 30 day supply of prescription insulin on the effective date of this Act from increasing that cost-sharing …
HB 1019 – Oklahoma
Introduced: 2021 Status: In Process
HB 1019 caps the amount that a covered person is required to pay for insulin not to exceed $30 for a 90-day supply.
SB 843 – Connecticut
Introduced: 2021 Status: In Process
AN ACT CONCERNING THE REGULATION OF INSURANCE IN THIS STATE. To: (1) Provide that certain health carriers (A) shall offer Medicare supplement insurance policies and certificates for plan “D” to persons eligible for Medicare by …
SB 895 – Connecticut
Introduced: 2021 Status: In Process
AN ACT CONCERNING CHANGES TO VARIOUS PHARMACY STATUTES. To make changes to various pharmacy statutes.
SB 641 – Connecticut
Introduced: 2021 Status: In Process
AN ACT REQUIRING MANUFACTURERS OF BRAND-NAME PRESCRIPTION DRUGS TO PROVIDE SAMPLES OF SUCH DRUGS TO MANUFACTURERS OF GENERIC PRESCRIPTION DRUGS. To promote competition in the prescription drug market by allowing developers of generic drugs and …
SB 649 – Connecticut
Introduced: 2021 Status: In Process
AN ACT CONCERNING THE AVAILABILITY OF GENERIC PHARMACEUTICALS. To preserve patient access to affordable prescription drugs.
SB 766 – Connecticut
Introduced: 2021 Status: In Process
AN ACT CONCERNING REQUIRED HEALTH INSURANCE AND MEDICAID COVERAGE FOR BRAND-NAME PRESCRIPTION DRUGS. To modify certain provisions requiring health insurance and Medicaid coverage for brand-name prescription drugs.
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District Court: District Court of Western District of Oklahoma Status: Pending
The 2019 Oklahoma law, Patient’s Right to Pharmacy Choice Act, targets PBM conflict of interest by prohibiting higher reimbursement rates for PBM-owned pharmacies and bans …
State of Ohio v. OptumRx – Ohio
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 …
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 …
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 …
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 …
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 …
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News & Opinions
Articles & Reports
The Commonwealth Fund May 27, 2021
Journal of Health Politics, Policy and Law May 21, 2021
3 Axis Advisors May 11, 2021
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