Connecticut 2023 Regular Session

Connecticut House Bill HB06619

Introduced
2/8/23  
Introduced
2/8/23  
Refer
2/8/23  
Refer
2/8/23  
Report Pass
3/14/23  
Report Pass
3/14/23  
Refer
3/24/23  
Report Pass
3/30/23  

Caption

An Act Concerning Prohibiting Pay For Delay.

Impact

The bill is set to impact state laws surrounding drug pricing and patent enforcement significantly. With its focus on eliminating barriers to competition, HB 6619 would allow increased access to generic alternatives for consumers, potentially leading to lower healthcare costs. The legislation emphasizes the state's commitment to ensuring that healthcare remains affordable and accessible, aligning state policy with federal goals of promoting competition in the pharmaceutical market. Furthermore, the bill would empower the Attorney General to bring action against companies that engage in such anticompetitive agreements, reinforcing enforcement mechanisms at the state level.

Summary

House Bill 6619 aims to prohibit what are commonly referred to as 'pay-for-delay' agreements in the pharmaceutical industry. These agreements often occur when a brand name drug manufacturer pays a generic competitor to delay the entry of their version of a drug into the market, which can lead to artificially high prices for consumers. If enacted, this bill would create a legal presumption that such agreements have anticompetitive effects, thereby encouraging more competition and facilitating earlier access to lower-cost generic drugs. The provisions are designed to enhance consumer welfare by fostering a more competitive drug market in Connecticut.

Sentiment

The sentiment regarding HB 6619 appears to be largely favorable, particularly among consumer advocacy groups and some legislators who argue that the bill is a necessary step towards reducing drug costs and preventing monopolistic practices in the pharmaceutical industry. Supporters argue that eliminating pay-for-delay agreements will open up the market for generics, benefiting patients and the healthcare system overall. However, there is also apprehension from some pharmaceutical companies that enforceability of patent rights could be undermined, potentially discouraging investment in drug development.

Contention

Notable points of contention surrounding HB 6619 include concerns from pharmaceutical companies about the implications for patent rights and innovation. Critics warn that strict regulations against pay-for-delay agreements could lead to reduced incentives for companies to invest in the research and development of new drugs. They argue that patent protection is crucial for fostering innovation in the pharmaceutical sector, and overly aggressive measures could stifle the very advancements the legislation seeks to promote. The ongoing debate highlights the complex balance between promoting competition and ensuring adequate protections for intellectual property in the biopharmaceutical industry.

Companion Bills

No companion bills found.

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