Amendment ID: S2397-14-R1

Redraft Amendment 14

Ensuring Lower Prescription Drug Costs

Ms. Chandler and Mr. Montigny move that the proposed new draft be amended be amended in section 19, in proposed subsection (k) of section 21 of chapter 6D, by adding the following 2 paragraphs:-

“If a manufacturer is deemed to not be acting in good faith to develop an acceptable or complete access improvement plan, the commission may publicly post the proposed value of the eligible drug, hold a public hearing on the proposed value of the eligible drug and solicit public comment. The manufacturer shall appear and testify at any hearing held on the eligible drug’s proposed value. Upon the conclusion of a public hearing under this subsection, the commission shall issue recommendations on ways to reduce the cost of an eligible drug for the purpose of improving patient access to the eligible drug. The recommendations shall be publicly posted on the commission’s website and provided to the clerks of the house of representatives and senate, the joint committee on health care financing and the house and senate committees on ways and means.

Before making a determination that the manufacturer is not acting in good faith, the commission shall send a written notice to the manufacturer that the commission shall deem the manufacturer to not be acting in good faith if the manufacturer does not submit an acceptable access improvement plan within 30 days of receipt of notice; provided, however, that the commission shall not send a notice under this paragraph within 120 calendars days from the date that the commission issued its request that the manufacturer enter into the access improvement plan.”.