Amendment ID: S2397-34

Amendment 34

Manufacturer Funding for Advocacy and Outreach

Mr. Tarr moves that the proposed new draft be amended be amended by inserting after section _ the following new section: -

SECTION _. Chapter 111 of the general laws is hereby amended by inserting after Section 4N, the following new language: -

Section 4M1/2 Public Disclosure of Patient prescription drug advocacy programs

(a) As used in this section, the following words shall, have the following meanings:

“Patient advocacy program” means a program offered by an independent nonprofit organization that

advocates on behalf of patients on behalf of a specific disease.

“Pharmaceutical manufacturer” means a person that is engaged in the manufacturing of drugs or pharmaceutical devices that are available for purchase by residents of the state; or a person that is responsible for setting the price of a drug or device that is available for purchase by residents of the state on behalf of a person engaged in the manufacturing.

(b) On or before February 1 of each year, all pharmaceutical manufactures and all trade or advocacy groups representing pharmaceutical manufacturers shall report to the department any payment, donation, subsidy or anything else of value made to a patient advocacy program during the immediately preceding calendar year. The report required by Subsection (1) shall include each payment, donation, subsidy, or contribution of value to a patient advocacy program, the amount of the contribution and the entity that provided the contribution.

The report shall be posted on the Department of Public Health’s and the Health Policy Commission’s internet websites and filed with the clerks of the house and the senate and the house and senate chairs of the joint committee on health care financing.

(c) The Department of Public Health may impose an administrative penalty on any pharmaceutical manufactures and all trade or advocacy groups representing pharmaceutical manufacturers that fails to post or provide to the Department the report required by this Section on a timely basis, if the failure was not caused by excusable neglect, technical problems, or other extenuating circumstances, in an amount of not more than $5,000 for each day of such failure to report.