Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H763 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3233 FILED ON: 1/16/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 763
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Marjorie C. Decker
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to assessing the feasibility of in-state drug manufacturing.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Marjorie C. Decker25th Middlesex1/16/2025 1 of 4
16	16	HOUSE DOCKET, NO. 3233 FILED ON: 1/16/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 763
18	18	By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 763) of
19	19	Marjorie C. Decker for an investigation by a special commission (including members of the
20	20	General Court) relative to the feasibility of state-sponsored prescription drug manufacturing or
21	21	distribution in the Commonwealth. Elder Affairs.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act relative to assessing the feasibility of in-state drug manufacturing.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. (a) Notwithstanding any special or general law to the contrary, there shall
31	31	2be a special commission to investigate and assess the feasibility of state-sponsored prescription
32	32	3drug manufacturing or distribution in the commonwealth. The special commission shall consist
33	33	4of: the secretary of health and human services or a designee, who shall serve as chair; the
34	34	5commissioner of insurance or a designee; the executive director of the center for health
35	35	6information and analysis or a designee; the executive director of the health policy commission or
36	36	7a designee; the president of the board of registration in pharmacy or a designee; the president of
37	37	8the University of Massachusetts or a designee; and 11 persons selected by the chair, 1 of whom
38	38	9shall be a representative of the Massachusetts Biotechnology Council, Inc., 1 of whom shall be a
39	39	10representative of the Massachusetts Health and Hospital Association, Inc., 1 of whom shall be a
40	40	11representative of the Massachusetts Medical Society, 1 of whom shall be a representative of a
41	41	12patient advocacy organization, 1 of whom shall be a representative of an advocacy organization 2 of 4
42	42	13representing patients with lack of access to pharmaceutical products, including but not limited to,
43	43	14insulin, naloxone, albuterol inhalers and epinephrine, 1 of whom shall be a representative of a
44	44	15representative of the office of pharmaceutical policy and analysis established under the section 3
45	45	16of chapter 342 of the acts of 2024, 1 of whom shall be an individual with expertise in biomedical
46	46	17research, 1 of whom shall be a physician licensed to practice medicine under section 2 of chapter
47	47	18112 of the General Laws with expertise in the treatment of diabetes and related complications, 1
48	48	19of whom shall be a physician licensed under said section 2 of said chapter 112 with expertise in
49	49	20the treatment of substance use disorders and related complications, 1 of whom shall be a
50	50	21physician licensed under said section 2 of said chapter 112 with expertise in the treatment of
51	51	22allergic reactions and related complications and 1 of whom shall be a physician licensed under
52	52	23said section 2 of said chapter 112 with expertise in the treatment of asthma and related
53	53	24complications.
54	54	25 (b) The special commission shall study and report on the feasibility of state-sponsored
55	55	26drug manufacturing or distribution in the commonwealth. The special commission shall: (i) study
56	56	27the feasibility of manufacturing commonly used pharmaceutical products and their analogs,
57	57	28including but not limited to insulin, naloxone, albuterol inhalers and epinephrine; (ii) assess the
58	58	29feasibility of providing the drug and drug analogs to low-income residents of the commonwealth
59	59	30at no-cost or at a reduced cost on a means-tested basis; (iii) assess the feasibility of partnerships
60	60	31between the commonwealth and other entities, including but not limited to, public universities
61	61	32and existing drug manufacturers, or partnerships between other appropriate entities and an
62	62	33existing drug manufacturer to leverage existing research and manufacturing capacity; (iv)
63	63	34analyze if establishing a state-sponsored drug manufacturing program of commonly used
64	64	35pharmaceutical products and their analogs, including but not limited, to the drugs listed in clause 3 of 4
65	65	36(i) of subsection (b), would lower prescription drug prices for public and private purchasers and
66	66	37consumers (v) study the example of other states that have initiated state-sponsored drug
67	67	38manufacturing and distribution initiatives; and (vi) issue a report on the commission’s findings
68	68	39and policy recommendations.
69	69	40 (c) In its assessment, the commission shall consider the following factors: (i) the number
70	70	41of low-income residents who currently require the drugs listed in clause (i) of subsection (b); (ii)
71	71	42the ability of the commonwealth, the public university system or other appropriate entity, by
72	72	43themselves or in partnership with existing drug manufacturers, to produce the drugs listed in
73	73	44clause (i) of subsection (b); (iii) any long-term cost savings and revenue generation for the
74	74	45commonwealth; (iv) any long-term cost savings and other benefits to low-income residents of the
75	75	46commonwealth who would receive the drugs listed in clause (i) of subsection (b); (v) any costs to
76	76	47the commonwealth to produce the drugs listed in clause (i) of subsection (b), including additional
77	77	48administrative costs; (vi) state and federal regulatory or legal obstacles, including requirements
78	78	49for licensure, to the production and distribution of the drugs listed in clause (i) of subsection (b)
79	79	50within the commonwealth; (vii) available alternative methods for providing the drugs listed in
80	80	51clause (i) of subsection (b) to low-income residents of the commonwealth at low or no cost; (viii)
81	81	52options for capping copayments for the drugs listed in clause (i) of subsection (b) provided
82	82	53through private insurers; (ix) the potential for state-sponsored manufacturing of the drugs listed
83	83	54in clause (i) of subsection (b) to address drug shortages; (x) the potential for the commonwealth
84	84	55to engage in volume purchasing of the drugs listed in clause (i) of subsection (b) at reduced cost;
85	85	56(xi) the mechanisms by which the commonwealth could establish a program to distribute the
86	86	57drugs listed in clause (i) of subsection (b) to residents of the commonwealth; (xii) opportunities
87	87	58to establish an interstate compact with other New England states to reduce costs; (xiii) 4 of 4
88	88	59opportunities to establish a public entity to manage the manufacturing, purchasing or distribution
89	89	60of the drugs listed in clause (i) of subsection (b); (xiv) opportunities to establish a model facility
90	90	61to affordably manufacture the drugs listed in clause (i) of subsection (b); and (xv) opportunities
91	91	62to procure dedicated funding to support the manufacture and distribution of the drugs listed in
92	92	63clause (i) of subsection (b) to residents of the commonwealth.
93	93	64 (d) Not later than September 1, 2026, the commission shall submit its report to the clerks
94	94	65of the senate and house of representatives, the joint committee on health care financing and the
95	95	66joint committee on public health.