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HOUSE DOCKET, NO. 2063         FILED ON: 1/20/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2383

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

David B. Sullivan

_______________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
              Court assembled:

              The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to manufacturer rebates and discount programs.

_______________

PETITION OF:

 

Name:

District/Address:

David B. Sullivan

6th Bristol

Patricia A. Haddad

5th Bristol

Thomas A. Golden, Jr.

16th Middlesex

Lori A. Ehrlich

8th Essex

William Smitty Pignatelli

4th Berkshire

Kate Hogan

3rd Middlesex

Colleen M. Garry

36th Middlesex

Theodore C. Speliotis

13th Essex

David M. Torrisi

14th Essex

Elizabeth A. Poirier

14th Bristol

Anne M. Gobi

5th Worcester

William N. Brownsberger

 

Martha M. Walz

8th Suffolk

Susan Williams Gifford

2nd Plymouth

John W. Scibak

2nd Hampshire

Barry R. Finegold

 

Stephen R. Canessa

12th Bristol

James J. Dwyer

30th Middlesex

Chris Walsh

6th Middlesex

Jennifer E. Benson

37th Middlesex

Paul Brodeur

32nd Middlesex

Robert M. Koczera

11th Bristol

Linda Dorcena Forry

12th Suffolk

Michael J. Rodrigues

 

Richard J. Ross

Norfolk, Bristol, and Middlesex

Walter F. Timilty

7th Norfolk

Paul McMurtry

11th Norfolk

Michael J. Finn

6th Hampden

F. Jay Barrows

1st Bristol


HOUSE DOCKET, NO. 2063        FILED ON: 1/20/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2383

By Mr. Sullivan of Fall River, a petition (accompanied by bill, House, No. 2383) of David B. Sullivan and others relative to coupons of manufacturers submitted to health care insurers.  Public Health. 


The Commonwealth of Massachusetts
 

_______________

In the Year Two Thousand Eleven

_______________

 

An Act relative to manufacturer rebates and discount programs.
 

              Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

              SECTION 1. Section 3 of chapter 175H of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting before the word “Any”, in line 1, the following:- (a). 

              SECTION 2. Said section 3 of said chapter 175H, as so appearing, is hereby further amended by 4 inserting after word “rebate”, in line 7, the following words:- except as provided in subsection 5 (b),.

              SECTION 3. Said section 3 of said chapter 175H, as so appearing, is hereby further amended by adding the following subsection:- 

              (b) This section shall not apply to a discount, rebate, product voucher or other reduction in an individual’s out-of-pocket expenses, including co-payments and deductibles on a prescription drug, biologic or vaccine provided by a pharmaceutical manufacturing company, as defined in section 1 of chapter 111N, that is made available to an individual if the discount, rebate, product voucher or other reduction is provided directly or electronically to the individual or through a point of sale or mail-in rebate, or through similar means; provided, however, that a pharmaceutical manufacturing company shall not exclude nor favor any pharmacy in the redemption of such discount, rebate, product voucher or other expense reduction offer to an individual.

             

              This subsection shall not: (i) restrict a pharmaceutical manufacturing company with regard to how it distributes a prescription drug, biologic or vaccine; or (ii) restrict a carrier or a health maintenance organization, as defined in section 1 of chapter 118G, with regard to how its plan design will treat such discounts, rebates, product voucher or other reduction in out-of-pocket expenses. 

              For purposes of the federal Health Insurance Portability and Accountability Act of 1996, hereinafter HIPAA, and regulations promulgated under HIPAA, nothing in this subsection shall be deemed to require or allow the use or disclosure of health information in any manner that does not otherwise comply with HIPAA or regulations promulgated under HIPAA.

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