SSB 3155

The report must be submitted within calendar days of the date of the applicable price increase. “Price” is defined in the bill as the wholesale acquisition cost of the drug. “Wholesale acquisition cost” is the manufacturer’s list price for a drug to wholesalers or direct purchasers in the United States, not including prompt pay or other discounts, rebates or reductions in price, for the most recent month for which the information is available, as reported in wholesale price guides or other publications of drug pricing data. “Pharmaceutical drug manufacturer” or “manufacturer” is defined in the bill as any person engaged in the business of producing, preparing, converting, processing, packaging, labeling, or distributing a prescription drug that is sold to any person in this state. The definition does not include a wholesale distributor or a dispenser, both of which are also defined in the bill. If a manufacturer’s new drug has a price greater than $500 for a 30-day supply, or a generic new drug that has a price greater than $200 for a 30-day supply, within calendar days of the first date the manufacturer makes the new drug available in this state, the manufacturer must submit a report to the commissioner that contains the information outlined in the bill. The bill defines “new prescription drug” or “new drug” as a prescription drug approved by the United States food and drug administration for which a wholesale acquisition cost has not been previously established. _____ a manufacturer’s acquisition of the new drug, the acquiring manufacturer must submit a report to the commissioner, within calendar days of the date the acquiring manufacturer offers the newly acquired drug in this state, that contains information as detailed in the bill. “Newly acquired prescription drug” or “newly acquired drug” is defined in the bill as a prescription drug approved by the United States food and drug administration that has been researched and developed by an entity other than the pharmaceutical drug manufacturer that acquires the right to sell the prescription drug. Within calendar days of receipt, the bill requires the commissioner to publish the nonconfidential information, as described in the bill, from the required reports filed by manufacturers on a publicly accessible internet site. The commissioner may adopt rules as necessary to administer the provisions contained in the bill. The commissioner may also take any action within the commissioner’s authority to enforce compliance with the provisions contained in the bill. The section of the bill requiring a manufacturer to submit a report regarding existing prescription drugs to the commissioner applies to a manufacturer that sells a prescription drug to any person in this state on or after July 1, 2020. The section of the bill requiring a manufacturer to submit a report regarding new prescription drugs to the commissioner applies to a manufacturer that sells a new prescription drug to any person in this state on or after March 15, 2021. The section of the bill requiring a manufacturer to submit a report regarding newly acquired prescription drugs to the commissioner applies to a manufacturer that sells a newly acquired prescription drug to any person in this state on or after July 1, 2021.