Texas 2023 - 88th Regular

Texas House Bill HB2529

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to written notification provided by drug manufacturers regarding the cause of generic insulin prescription drug unavailability.

Impact

The legislation, if enacted, will amend Chapter 439 of the Health and Safety Code to include specific provisions for insulin drug manufacturers. This new requirement emphasizes accountability and transparency in the pharmaceutical industry, particularly concerning drug pricing and availability. With the growing concerns over rising insulin prices and the need for generic alternatives, the bill seeks to create a more competitive environment which could lead to better prices for consumers. The implications of this bill extend beyond insulin, serving as a potential model for addressing similar issues with other medications and drugs subject to market manipulation.

Summary

House Bill 2529, introduced by Representative Talarico, focuses on the necessity for written notifications from drug manufacturers regarding the causes of unavailability of generic insulin drugs. The bill requires that manufacturers of brand-name insulin drugs included in the Medicaid formulary submit a written verification to the Health and Human Services Commission. This verification must clarify whether the unavailability of generic options results from market manipulation strategies such as pay-to-delay schemes, patent manipulation, or indefinite patent extension tactics. The bill aims to enhance transparency in the pharmaceutical marketplace and encourage fairer practices within the insulin market.

Sentiment

The sentiment surrounding HB 2529 is generally positive among advocates who see it as an essential step toward addressing high insulin costs and increasing drug accessibility. Supporters argue that the bill will promote fair competition in the pharmaceutical market, ensuring that patients have access to affordable medication. There is, however, skepticism among some pharmaceutical industry representatives who may view these requirements as an additional regulatory burden that could discourage innovation and lead to defensive strategies rather than beneficial outcomes.

Contention

A notable point of contention in the discussions surrounding HB 2529 is the balance between regulatory oversight and the pharmaceutical industry's ability to innovate and operate effectively. While proponents argue that increased transparency will hold manufacturers accountable and foster a more competitive market, opponents warn that such legislative measures may inadvertently lead to adverse effects, such as decreased investment in drug development or the introduction of new therapies. As the bill moves through the legislative process, these debates reflect broader concerns about healthcare regulation, drug pricing, and the pharmaceutical marketplace.

Texas Constitutional Statutes Affected

Health And Safety Code

  • Chapter 439. Manufacture And Distribution Of Certain Drugs
    • Section: New Section

Government Code

  • Chapter 531. Health And Human Services Commission
    • Section: 070

Companion Bills

TX SB241

Identical Relating to written notification provided by drug manufacturers regarding the cause of generic or biosimilar insulin prescription drug unavailability.

Similar Bills

No similar bills found.