Amendment ID: S2397-43-R1
Redraft Amendment 43
Technical Amendment
Mr. Rodrigues moves that the proposed new draft be amended by striking out section 10 and inserting in place thereof the following 4 sections:-
“SECTION 10. Section 6 of said chapter 6D, as so appearing, is hereby amended by inserting after the word “center”, in line 1, the following words:- , pharmaceutical and biopharmaceutical manufacturing company, pharmacy benefit manager.
SECTION 10A. Said section 6 of said chapter 6D, as so appearing, is hereby further amended by striking out, in lines 5 and 36 the figure “33” and inserting in place thereof, in each instance, the following figure:- 25.
SECTION 10B. Said section 6 of chapter 6D, as so appearing, is hereby further amended by striking out, in lines 8 and 39, the words “and (iii)” and inserting in place thereof, in each instance, the following words:- (iii) expenses related to the academic detailing program established in section 15A; and (iv).
SECTION 10C. Said section 6 of said chapter 6D, as so appearing, is hereby further amended by adding the following paragraph:-
The assessed amount for pharmaceutical and biopharmaceutical manufacturing companies and pharmacy benefit managers shall be not less than 25 per cent of the amount appropriated by the general court for the expenses of the commission minus amounts collected from: (i) filing fees; (ii) fees and charges generated by the commission's publication or dissemination of reports and information; and (iii) federal matching revenues received for these expenses or received retroactively for expenses of predecessor agencies; provided, however, that the assessed amount for pharmaceutical and biopharmaceutical manufacturing companies shall include 100 per cent of the expenses related to the academic detailing program created by section 15A. Pharmaceutical and biopharmaceutical manufacturing companies and pharmacy benefit managers shall, in a manner and distribution determined by the commission, pay to the commonwealth an amount of the estimated expenses of the commission attributable to the commission’s activities under sections 8, 9, 15A, 15B, 20 and 21. A pharmacy benefit manager that is a surcharge payor subject to the preceding paragraph and manages its own prescription drug benefits shall not be subject to additional assessment under this paragraph.”; and
in section 19, in proposed subsection (a) of section 20 of chapter 6D, by striking out the words “section 239 of chapter 111”, each time they appear, and inserting in place thereof, in each instance, the following words:- “subsection (f) of section 13 of chapter 17”; and
in said section 19, by striking out, in line 294, the figure “(g)” and inserting in place thereof the following figure:- “(f)”; and
by striking out section 28 and inserting in place thereof the following 3 sections:-
“SECTION 28. The first paragraph of section 7 of said chapter 12C, as so appearing, is hereby amended by adding the following sentence:- Each pharmaceutical and biopharmaceutical manufacturing company and pharmacy benefit manager shall pay to the commonwealth an amount for the estimated expenses of the center and for the other purposes described in this chapter.
SECTION 28A. Said section 7 of said chapter 12C, as so appearing, is hereby further amended by striking out, in lines 8 and 42, the figure “33” and inserting in place thereof, in each instance, the following figure:- “25”.
SECTION 28B. Said section 7 of said chapter 12C, as so appearing, is hereby further amended by adding the following paragraph:-
The assessed amount for pharmaceutical and biopharmaceutical manufacturing companies and pharmacy benefit managers shall be not less than 25 per cent of the amount appropriated by the general court for the expenses of the center minus amounts collected from: (i) filing fees; (ii) fees and charges generated by the commission's publication or dissemination of reports and information; and (iii) federal matching revenues received for these expenses or received retroactively for expenses of predecessor agencies. Pharmaceutical and biopharmaceutical manufacturing companies and pharmacy benefit managers shall, in a manner and distribution determined by the center, pay to the commonwealth an amount of the estimated expenses of the center attributable to the center’s activities under sections 3, 10A, 12 and 16. A pharmacy benefit manager that is a surcharge payor subject to the preceding paragraph and manages its own prescription drug benefits shall not be subject to additional assessment under this paragraph.”; and
by inserting after section 32 the following section:-
“SECTION 32A. Section 13 of chapter 17 of the General Laws, as so appearing, is hereby amended by adding the following subsection:-
“(f) As used in this subsection, the following words shall have the following meanings unless the context clearly requires otherwise:
“Public health essential drug”, a prescription drug, biologic or biosimilar approved by the federal Food and Drug Administration that: (i) appears on the Model List of Essential Medicines most recently adopted by the World Health Organization; or (ii) is deemed an essential medicine by the commission due to its efficacy in treating a life-threatening health condition or a chronic health condition that substantially impairs an individual's ability to engage in activities of daily living or because limited access to a certain population would pose a public health challenge.
The commission shall identify and publish a list of public health essential prescription drugs. The list shall be updated not less than annually and be made publicly available on the department’s website; provided, however, that the commission may provide an interim listing of a public health essential drug prior to an annual update. The commission shall also notify and forward a copy of the list to the health policy commission established under chapter 6D.”: and
by striking out section 34; and
in section 38, by striking out, in line 641, the words “notify the pharmacy benefit manager and advise, in writing,” and inserting in place thereof the following words:- “provide written notice to the pharmacy benefit manager and advise in writing”.