Amendment ID: S2499-39-R1

Redraft Amendment 39

Disclosing Government Subsidies

Mr. Montigny moves that the proposed new draft be amended by striking, in section 21, subsection (b) and inserting in place thereof the following:-

“(b) The commission shall review the impact of eligible drug costs on patient access; provided, however, that the commission may prioritize the review of eligible drugs based on potential impact to consumers.

The disclosed information shall be on a standard reporting form developed by the commission with the input of the manufacturers and shall include, but not be limited to:

(i) a schedule of the drug’s wholesale acquisition cost increases over the previous 5 calendar years;

(ii) the total amount of federal and state tax credits, incentives, grants, and other subsidies provided to the manufacturer over the previous 10 calendar years that have been used to assist in the research and development of eligible drugs;

(iii) the manufacturer’s aggregate, company-level research and development and other relevant capital expenditures, including facility construction, for the most recent year for which final audited data are available;

(iv) a narrative description, absent proprietary information and written in plain language, of factors that contributed to reported changes in wholesale acquisition cost during the previous 5 calendar years; and

(v) any other information that the manufacturer wishes to provide to the commission or that the commission requests.”; and

by striking, in line 536, the words “and (v)” and inserting in place thereof the following:- “(v) the total amount of federal and state tax credits, incentives, grants, and other subsidies provided to the manufacturer over the previous 10 calendar years that have been used to assist in the research and development of eligible drugs; and (vi)”.