SECTION 1. Section 131 of chapter 139 of the acts of 2012 is hereby repealed.
SECTION 2. Section 226 of said chapter 139 is hereby repealed.
SECTION 3. Notwithstanding any special or general law to the contrary, the health policy commission, in consultation with the department of public health, shall conduct and complete an analysis of the impact on health care costs of the use of co-pay assistance programs, including without limitation discounts, rebates, product vouchers or other reductions in an individual’s out of pocket expenses for biological products and prescription drugs authorized under section 3 of chapter 175H of the General Laws from August 1, 2012 to July 31, 2017. The health policy commission shall file a report of its findings with the clerks of the senate and house of representatives, the house and senate committees on ways and means and the joint committee on health care financing on or before December 31, 2017. The report shall include, but not be limited to: (i) the total number of purchase transactions for biological products and prescription drugs for which out-of-pocket expenses were reduced by 1 or more co-pay assistance programs,; (ii) the total value of the savings in such out-of-pocket expenses derived by purchasers as a result of co-pay assistance programs; (iii) an analysis of the types of biological products and prescription drugs for which co-pay assistance programs were most frequently utilized; (iv) a comparison of any change in utilization of generic versus brand name prescription drugs associated with the utilization of co-pay assistance programs; (v) an analysis of the effect of co-pay assistance programs on patient adherence to prescribed drugs; and (vi) an analysis of the availability of co-pay assistance programs upon renewals. To conduct its evaluation, the health policy commission may: (1) contract with an outside organization with expertise in the analysis of health care financing; and (2) require that manufacturers of biological products and prescription drugs report on the number and types of co-pay assistance programs that such manufacturers have utilized in the commonwealth.
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