Michigan 2023-2024 Regular Session

Michigan House Bill HB4409

Introduced
4/13/23  
Refer
4/13/23  
Report Pass
5/16/23  
Engrossed
6/26/24  

Caption

Health: pharmaceuticals; reports on certain costs and other information associated with prescription drugs; require manufacturers of prescription drugs to file with the department. Creates new act.

Impact

The enactment of HB 4409 is expected to influence state laws concerning drug pricing and consumer protection. By requiring disclosure of cost information, the bill aims to provide greater oversight and accountability within the pharmaceutical industry. It empowers state authorities to ensure that drug pricing practices are transparent, thereby potentially leading to more informed decisions from consumers, healthcare providers, and policymakers. Additionally, an annual report compiled by the Department based on manufacturers’ submissions will be made publicly available, which could enhance public awareness regarding drug costs.

Summary

House Bill 4409, known as the 'Drug Manufacturer Data Reporting Act', seeks to enhance transparency in pharmaceutical pricing by requiring drug manufacturers to report significant price increases and related cost information to the Department of Insurance and Financial Services. The bill mandates that if a drug manufacturer increases the wholesale acquisition cost of any qualified prescription drug by 15% or more within a year, or 40% over three years, they must submit a detailed report within 30 days. This includes information on the drug’s name, type, price changes, research, and development costs, among other data points.

Sentiment

The reception of HB 4409 has been largely favorable among proponents who advocate for pharmaceutical industry transparency and consumer rights. Supporters argue that the measure is a necessary step toward curbing rampant drug price inflation and ensuring that consumers are better informed about the costs of medications. However, there are concerns among some stakeholders who believe that the reporting requirements may place an undue burden on manufacturers, particularly smaller companies that may lack the resources to comply adequately. Overall, the sentiment reflects a clash between the need for transparency and the potential challenges of implementation.

Contention

Notable points of contention include the exact thresholds for price reporting and the potential for civil penalties against manufacturers who fail to comply with reporting requirements. Critics of the legislation may argue that it does not adequately address the underlying factors contributing to high drug prices, while proponents maintain that increased transparency is a key step in a broader effort to reform drug pricing practices. Additionally, the exemption of reported data from disclosure under the Freedom of Information Act has raised questions about the balance between industry privacy and public interest.

Companion Bills

No companion bills found.

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