Regular Session 2017-2018 House Bill 1464 P.N. 1869

PRINTER'S NO. 1869

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1464

Session of

2017

INTRODUCED BY PASHINSKI, KINSEY, MILLARD, CALTAGIRONE, O'BRIEN,

DRISCOLL, SCHLOSSBERG, SCHWEYER, YOUNGBLOOD, FREEMAN,

V. BROWN, HENNESSEY, KORTZ, BOBACK, NEILSON, DeLUCA, HARKINS,

DAWKINS, VAZQUEZ AND ROZZI, MAY 31, 2017

REFERRED TO COMMITTEE ON HEALTH, MAY 31, 2017

AN ACT

Providing for the Prescription Drug Pricing Task Force.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Short title.

This act shall be known and may be cited as the Prescription

Drug Pricing Task Force Act.

Section 2. Findings.

The General Assembly finds that:

(1) Residents of this Commonwealth have experienced

increasingly costly out-of-pocket expenses for prescription

drugs.

(2) Rising costs for prescription drugs too frequently

result in a patient's inability to pay for prescriptions and

subsequently not filling their prescription, cutting pills in

half or skipping doses.

(3) Despite the needed financial assistance offered by

drug manufacturers to help patients pay for prescription

drugs, many patients cannot afford the mounting costs of

prescriptions.

(4) The Commonwealth must examine ways to create

fairness and address high costs for patients.

Section 3. Prescription Drug Pricing Task Force.

(a) Establishment.--The Prescription Drug Pricing Task Force

is established to study the pricing of prescription drugs and

issue a report under this act.

(b) Composition.--The task force shall consist of the

following members, all of whom shall be residents of this

Commonwealth:

(1) One member appointed by the Governor.

(2) One member appointed by the President pro tempore of

the Senate.

(3) One member appointed by the Majority Leader of the

Senate.

(4) One member appointed by the Minority Leader of the

Senate.

(5) One member appointed by the Speaker of the House of

Representatives.

(6) One member appointed by the Majority Leader of the

House of Representatives.

(7) One member appointed by the Minority Leader of the

House of Representatives.

(8) The Insurance Commissioner or a designee.

(9) The Secretary of Health or a designee.

(10) The Secretary of Aging or a designee.

(11) The Secretary of Human Services or a designee.

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(1) Each member appointed to the task force shall be

knowledgeable of the issues surrounding consumer protection,

health care, health care costs and health insurance and

shall, to the greatest extent possible, include individuals

who represent pharmacies, pharmacy benefit managers, patient

advocacy groups, pharmaceutical manufacturers, health

insurers or licensed health care providers.

(2) A member of the task force may be a member of the

General Assembly.

(3) Appointments to the task force shall be made not

less than 30 days after the effective date of this section.

Any vacancy shall be filled by the appointing authority.

(4) The members of the task force shall elect a member

to serve as chairperson of the task force.

(d) Expenses.--Members may not receive compensation for

their service but shall be reimbursed for all necessary travel

and other reasonable expenses incurred in connection with the

performance of their duties as members of the task force.

Section 4. Meetings of the task force.

(a) First meeting.--The task force shall hold its first

meeting within 60 days of the effective date of this section.

(b) Number of meetings.--The task force shall meet at least

four times throughout the course of the year beginning on the

date of the first meeting and, subject to the approval of the

chairperson, may hold additional meetings whenever necessary to

discharge its duties.

meetings via teleconference when necessary.

(d) Call of the chairperson.--The task force shall hold

meetings at the call of the chairperson.

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(e) Location.--The task force shall determine the location

of meetings, subject to the approval of the chairperson, which

shall be within this Commonwealth.

(f) Meetings open to public.--Each meeting of the task force

shall be open to the public, subject to the provisions of 65

Pa.C.S. Ch. 7 (relating to open meetings).

Section 5. Report.

(a) Issuance.--The task force shall research the pricing of

prescription drugs in this Commonwealth and issue a report

within one year of its first meeting.

(b) Contents.--The report shall include findings,

recommendations and any suggested legislative remedies regarding

the following:

(1) Efforts to make prescription drugs more affordable.

(2) Factors contributing to high out-of-pocket

prescription drug costs to patients.

(3) Patient treatment adherence and access to

prescription drugs.

(4) Expensive medical interventions or hospitalizations

that may occur as a result of a patient's inability to afford

and maintain access to prescription drugs.

(5) Manufacturer costs for research and development,

clinical trials, regulatory costs, cost of materials,

manufacturing and administration.

(6) Manufacturer annual prices for prescription drugs to

purchasers inside and outside of the United States.

(7) Profit margins and projected profit margins of drug

manufacturers.

(8) Financial assistance offered by drug manufacturers.

(9) Further oversight, transparency and clarity

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concerning the determination of prescription drug pricing.

(10) Negotiation of prescription drug costs between

manufacturers and the Pennsylvania medical assistance

program.

interested parties, experts and members of the public during the

process of compiling the report.

(d) Transmittal.--The report shall be transmitted to the

following:

(1) The Governor.

(2) The Department of Aging of the Commonwealth.

(3) The Department of Health of the Commonwealth.

(4) The Department of Human Services of the

Commonwealth.

(5) The Insurance Department of the Commonwealth.

(6) The Health Care Cost Containment Council.

(7) The chairperson and minority chairperson of the

Aging and Youth Committee of the Senate.

(8) The chairperson and minority chairperson of the

Aging and Older Adult Services Committee of the House of

Representatives.

(9) The chairperson and minority chairperson of the

Banking and Insurance Committee of the Senate.

(10) The chairperson and minority chairperson of the

Insurance Committee of the House of Representatives.

(11) The chairperson and minority chairperson of the

Health and Human Services Committee of the Senate.

(12) The chairperson and minority chairperson of the

Health Committee of the House of Representatives.

(13) The chairperson and minority chairperson of the

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Human Services Committee of the House of Representatives.

(14) The United States Food and Drug Administration.

Section 6. Effective date.

This act shall take effect immediately.

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