Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1150

Introduced
2/16/23  

Caption

To ensure access to generic medication

Impact

If enacted, H1150 will amend Chapter 176D of Massachusetts General Laws by adding procedural guidelines for establishing and maintaining MAC lists. It aims to ensure that pharmacies are reimbursed fairly by making it obligatory for PBMs to assess the maximum allowable costs against the pharmacists' acquisition costs. Additionally, it introduces a structured process for pharmacies to contest the pricing decisions made by PBMs, allowing for appeals if they believe the MAC listing is unfair. These measures are expected to strengthen the position of pharmacies in negotiations and provide consumers with more affordable access to necessary medications.

Summary

House Bill H1150, titled 'An Act to ensure access to generic medication,' aims to enhance the accessibility of generic drugs by imposing regulations on pharmacy benefits managers (PBMs). The bill mandates that PBMs maintain a maximum allowable cost (MAC) list that determines the reimbursement rates for drugs and medical products. The proposed legislation emphasizes that any drug placed on the MAC list must meet specific criteria set forth by the FDA's Orange Book, ensuring that patients have access to therapeutically equivalent medications at reasonable costs. This initiative is particularly relevant in Massachusetts, where rising pharmaceutical costs have become a significant concern for consumers and healthcare providers alike.

Conclusion

Overall, H1150 represents a legislative effort to tackle the complexities of drug pricing and accessibility in the healthcare system. By placing stringent regulations on PBMs and reinforcing the rights of pharmacies, this bill seeks to create a more equitable and consumer-friendly marketplace for prescription medications in Massachusetts. The successful passage of this bill may set a precedent for similar legislation in other states facing comparable challenges in healthcare access.

Contention

Notable points of contention surrounding H1150 revolve around the balance of power between PBMs and pharmacies. Supporters argue that the bill will enhance transparency and competition among drug pricing, ultimately benefiting consumers and ensuring equitable access to medications. However, there are concerns from PBMs regarding the potential administrative burden and how these regulations might impact their operational efficiencies. Critics may also argue that the measures could lead to unintended consequences, such as decreased incentives for pharmacies to stock certain medications, potentially affecting patient care.

Companion Bills

MA S2481

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MA H4681

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