Amendment #35 to H.3944

Amendment #35 to H3944

Academic Detailing Program

Representatives Benson of Lunenburg, Farley-Bouvier of Pittsfield, Cutler of Duxbury, Gentile of Sudbury and Garry of Dracut move to amend the bill by adding the following 4 sections:-

“SECTION WW. Chapter 29 of the General Laws is hereby amended by inserting after section 2RRRR, inserted by section 48 of chapter 46 of the acts of 2015, the following section:-

2SSSS. There shall be established and set upon the books of the commonwealth a separate fund, to be known as the Academic Detailing Program Trust Fund, to be expended, without prior appropriation. The fund shall be administered by the commissioner of public health. Unless a greater amount is authorized by law, the fund shall be credited with $30 of a fee collected from a person who manufactures, distributes or dispenses, or possesses with intent to manufacture, distribute or dispense any controlled substance within the commonwealth except a pharmacy or wholesale druggist pursuant to paragraph (a) of section 7 of chapter 94C. The commissioner of the department of public health shall make necessary expenditures from this account for the cost of the prescription drug academic detailing program established pursuant to section 24O of chapter 111. The department of public health may establish and collect fees for subscriptions and contracts with private payers, and may seek funding from the federal government and nongovernmental health access foundations, as well as other sources to ensure the ongoing support for this program. Moneys deposited in the fund that are unexpended at the end of the fiscal year shall not revert to the General Fund.

SECTION XX. Section 7 of chapter 94C of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after the word “seven” in line 7, the following words:- but shall not be less than $180, of which at least $30 shall be directed to the trust fund established by section 2SSSS of chapter 29.

SECTION YY. Chapter 111 of the General Laws is hereby amended by inserting after section 24N the following section:—

Section 24O. (a) The department shall develop, implement, and promote an evidence based outreach and education program which shall provide information and education to physicians, pharmacists and other health care professionals authorized to prescribe and dispense prescription drugs regarding the therapeutic and cost-effective utilization of prescription drugs. During the development of the program, the department shall consult with physicians, insurance plans or managed care organizations doing business in the commonwealth, hospitals, pharmacy benefit managers, and the MassHealth drug utilization review board.

The program shall include information regarding: (1) clinical trials; (2) pharmaceutical efficacy; (3) adverse effects of drugs; (4) evidence-based treatment options; and (5) drug marketing approaches that are intended to circumvent competition from generic and therapeutically equivalent drugs. The program shall also provide written information and in-person instruction to prescribers regarding best prescribing practices, methods of altering prescribing practices, and alternative pain management practices

(b) The department, in collaboration with the office of Medicaid, shall access aggregated prescription data on an ongoing basis for the use of the evidence based outreach and education program.

(d) The department shall file an annual report on or before October 1, with the chairs of the house and senate committees on ways and means, the chairs of the joint committee on mental health and substance abuse, and the chairs of the joint committee on public health detailing the operation of the prescription drug academic detailing program.”