and the wholesale acquisition cost. If a specific referenced
drug is not included within resources described in paragraph
(1), the commissioner shall utilize for the purpose of
determining the referenced rate the ceiling price for drugs
as reported by the Government of Canada Patented Medicine
Prices Review Board.
(d) Analysis of cost.--The determination by the commissioner
of which prescription drugs to include on the list of referenced
drugs shall be based on an analysis of the savings that could be
achieved by subjecting those prescription drugs to the
referenced rate. In making this determination, the commissioner
shall consult with the board or its designee and the State Board
of Pharmacy.
(e) Regulations.--The commissioner may promulgate
regulations to implement the requirements of this act.
Section 7. Registered agent and office required.
An entity that sells, distributes, delivers or offers for
sale a prescription drug in this Commonwealth shall maintain a
registered agent and office in this Commonwealth.
Section 8. Use of savings.
(a) General rule.--Any savings generated as a result of the
requirements in section 4(a) must be used to reduce costs to
consumers. A Commonwealth entity, health plan or participating
ERISA plan must calculate and utilize the savings directly to
reduce costs for its members.
(b) Savings report to be filed with commissioner.--No later
than April 1 of each calendar year, a Commonwealth entity,
health plan and participating ERISA plan subject to this act
shall submit to the commissioner a report describing the savings
achieved for each referenced drug for the previous calendar year
20200SB1315PN1948 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30