Budget Amendment ID: FY2021-S4-298

EHS 298

Direct Negotiations for Rebates on Certain Drugs and Non-drug Products

Messrs. Tarr and O'Connor moved that the proposed new text be amended by inserting after section _ the following new section:

"SECTION _: Notwithstanding any general or special law to the contrary, the executive office of health and human services may directly negotiate rebate agreements with manufacturers of non-drug products and drugs that are not covered outpatient drugs under 42 U.S.C. s. 1396r-8, provided that such agreements maximize value to the commonwealth. Such agreements may be based on the value, efficacy or outcomes of the non-drug product or drug."