SB 61-FN - AS INTRODUCED
2025 SESSION
25-0979
05/11
SENATE BILL61-FN
AN ACTrelative to prescriptions for state prisoners paid for by the department of corrections.
SPONSORS:Sen. Gray, Dist 6
COMMITTEE:Executive Departments and Administration
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ANALYSIS
This bill permits the department of corrections to enter into purchasing agreements with drug manufacturers, if that agreement is cost beneficial to the state. This bill also eliminates the requirement for notification to be completed in the pharmacist’s own handwriting.
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Explanation:Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
25-0979
05/11
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
AN ACTrelative to prescriptions for state prisoners paid for by the department of corrections.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Medical Services for State Prisoners. Amend RSA 623-C:2, III to read as follows:
III. Pharmacists shall substitute generically equivalent drug products for all legend and non-legend prescriptions paid for by the department of corrections, [including the Medicaid program,] unless the prescribing practitioner specifies that the brand name drug product is medically necessary. [Such notification shall be in the practitioner's own handwriting and shall be retained in the pharmacist's file.] The pharmacist shall not select an equivalent drug product unless its price to the purchaser or payor is less than the price of the prescribed drug product. The department may enter into agreements or collaborative purchasing structures to buy or acquire therapeutic agents that will result in cost savings to the department. The commissioner of the department of corrections may waive the application of RSA 623-C:2, I if the commissioner determines such action is necessary to ensure the availability of prescription and other pharmaceutical services to persons served by the state or to avert serious economic hardship in the provision of prescriptions and other pharmaceutical services. [For Medicaid fee for service clients, no prior authorization for generically equivalent drugs shall be required.]
2 Effective Date. This act shall take effect 60 days after its passage.
LBA
25-0979
1/8/25
SB 61-FN- FISCAL NOTE
AS INTRODUCED
AN ACTrelative to prescriptions for state prisoners paid for by the department of corrections.
FISCAL IMPACT:
Estimated State Impact
FY 2025 FY 2026 FY 2027 FY 2028
Revenue $0 $0 $0 $0
Revenue Fund(s) None
Expenditures* Indeterminable Decrease Indeterminable Decrease Indeterminable Decrease Indeterminable Decrease
Funding Source(s) General Fund
Appropriations* $0 $0 $0 $0
Funding Source(s) None
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill
Estimated State Impact
FY 2025
FY 2026
FY 2027
FY 2028
Revenue
$0
$0
$0
$0
Revenue Fund(s)
None
Expenditures*
Indeterminable Decrease
Indeterminable Decrease
Indeterminable Decrease
Indeterminable Decrease
Funding Source(s)
General Fund
Appropriations*
$0
$0
$0
$0
Funding Source(s)
None
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill
METHODOLOGY:
This bill permits the Department of Corrections to enter into purchasing agreements with drug manufacturers, if that agreement is cost beneficial to the state. This bill also eliminates the requirement for notification to be completed in the pharmacist’s own handwriting.
The Department of Corrections states this bill could potentially reduce state expenditures by enabling the Department to negotiate purchase agreements directly with drug manufacturers, thereby eliminating third-party expenses. Although the exact fiscal impact cannot be determined, contracted drug rates would offer more predictable budgeting for these expenses and allow the Department to secure the best pricing through negotiated agreements.
AGENCIES CONTACTED:
Department of Corrections