EXEMPT
(Reprinted with amendments adopted on April 17, 2025)
FIRST REPRINT A.B. 259
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ASSEMBLY BILL NO. 259–ASSEMBLYMEMBERS
CONSIDINE; AND ANDERSON
FEBRUARY 19, 2025
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Referred to Committee on Commerce and Labor
SUMMARY—Establishes provisions governing prescription drugs.
(BDR 40-165)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: Yes.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to health care; prohibiting certain actions related
to pricing and reimbursement for certain drugs; creating a
cause of action for violating such prohibitions; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing federal law establishes the Medicare program, which is a public health 1
insurance program for persons 65 years of age and older and specified persons with 2
disabilities who are under 65 years of age. (42 U.S.C. §§ 1395 et seq.) Existing 3
federal law requires the United States Secretary of Health and Human Services to 4
negotiate with the manufacturers of certain drugs and to establish the maximum fair 5
price for certain drugs, which is the maximum price at which such drugs may be 6
sold to a recipient of Medicare. (42 U.S.C. §§ 1320f-2, 1320f-3) Existing federal 7
law requires the Secretary of Health and Human Services to publish those 8
maximum fair prices. (42 U.S.C. § 1320f-4) Section 1 of this bill prohibits a person 9
or entity that: (1) purchases a drug which is subject to a maximum fair price in this 10
State from paying a price that is higher than the maximum fair price; or (2) seeks 11
reimbursement for a drug subject to a maximum fair price which is delivered, 12
dispensed or administered to a person in this State from seeking reimbursement at a 13
rate which is higher than the maximum fair price. Section 1 exempts from such 14
prohibitions certain providers of health coverage under federal law but prescribes a 15
procedure by which such a provider of health coverage may elect to be subject to 16
the provisions of section 1. 17
Existing law: (1) prohibits certain trade practices which are deemed to be 18
deceptive trade practices; and (2) provides for the enforcement of the prohibition on 19
engaging in deceptive trade practices, including by prescribing criminal penalties to 20
be imposed against a person who engages in a deceptive trade practice. (NRS 21
598.0903-598.0999) Section 1 makes it a deceptive trade practice for any person to 22
violate the prohibition on purchasing or seeking reimbursement for a drug at a price 23
higher than the maximum fair price. Sections 1 and 3 of this bill provide that a 24
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person who violates the provisions of section 1 is not subject to any criminal 25
penalty set forth in existing law for engaging in a deceptive trade practice, meaning 26
such a person is subject only to the various civil enforcement measures, including 27
civil penalties, set forth in existing law for engaging in a deceptive trade practice. 28
(NRS 598.097-598.0999) 29
Existing law authorizes any person who is a victim of consumer fraud, 30
including a deceptive trade practice, to bring a civil action. (NRS 41.600) Section 2 31
of this bill provides that a violation of section 1 constitutes consumer fraud, and 32
sections 1 and 2 authorize a victim of such a violation to bring a civil action. 33
WHEREAS, In the 2019 Legislative Session, Senate Bill No. 276 1
directed the Legislative Commission to appoint a committee to 2
conduct an interim study concerning the cost of prescription drugs 3
in this State and the impact of rebates, reductions in price and other 4
remuneration from manufacturers on prescription drug prices; and 5
WHEREAS, In reporting on the findings of the Committee to 6
Conduct an Interim Study Concerning the Costs of Prescription 7
Drugs, LCB Bulletin No. 21-9, published in January 2021, stated 8
that “[i]n 2018, Americans paid an average of $1,229 for 9
prescription drugs, the highest amount per capita in any developed 10
country in the world”; and 11
WHEREAS, LCB Bulletin No. 21-9 also stated that “[i]ncreasing 12
drug prices disproportionately affect uninsured and underinsured 13
patients, while insured patients covered by high-deductible, 14
commercial, or government-sponsored health insurance plans tend 15
to pay more through premium and co-pay increases”; and 16
WHEREAS, The Nevada Spending and Government Efficiency 17
Commission noted in its final report, “Final Report of the Nevada 18
Spending and Government Efficiency Commission to Governor Jim 19
Gibbons,” published January 7, 2010, that the State of Nevada 20
would realize significant savings on Medicaid, mental health, 21
corrections and other programs if the cost of prescription drugs were 22
better controlled; and 23
WHEREAS, Excessive prices negatively affect the ability of 24
residents of this State to obtain prescription drugs, thereby 25
endangering the health and safety of such residents; and 26
WHEREAS, Excessive prices of prescription drugs threaten the 27
economic well-being of residents of this State, thereby inhibiting 28
their ability to pay for necessary and essential goods and services 29
including housing, food and utilities; and 30
WHEREAS, Excessive costs of prescription drugs contribute 31
significantly to increasing costs of health care and health insurance 32
that threaten the ability of residents of this State to obtain affordable 33
health coverage and maintain or achieve good health; and 34
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WHEREAS, Excessive costs of prescription drugs contribute 1
significantly to rising costs for health care provided and paid for 2
through health insurance programs for public employees, including 3
employees of the State, municipalities, counties, school districts and 4
institutions for higher education and retirees whose health costs are 5
funded by taxpayer dollars, thereby threatening the ability of the 6
State and local governments to fund other programs necessary for 7
the public good and safety, such as public safety, police, fire and 8
education; and 9
WHEREAS, To protect residents of this State from the negative 10
effects from excessive costs of prescription drugs, and to protect the 11
safety, health and economic well-being of Nevadans, the Legislature 12
finds that legislation regarding affordable access to prescription 13
drugs is necessary for residents of this State to achieve and maintain 14
good health; now, therefore, 15
16
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN 17
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: 18
19
Section 1. Chapter 439B of NRS is hereby amended by adding 20
thereto a new section to read as follows: 21
1. Except as otherwise provided in subsection 7, a person or 22
entity that purchases a referenced drug in this State shall not pay 23
a price for the referenced drug that, excluding any fee paid to a 24
pharmacy for dispensing the referenced drug, is higher than the 25
maximum fair price for that referenced drug during the price 26
applicability period. 27
2. Except as otherwise provided in subsection 7, a person or 28
entity that seeks reimbursement for a referenced drug which is 29
delivered, dispensed or administered to a person in this State shall 30
not seek reimbursement for the referenced drug at a rate which, 31
excluding any fee paid to a pharmacy for dispensing the 32
referenced drug, is higher than the maximum fair price for that 33
referenced drug during the price applicability period. 34
3. Except as otherwise provided in subsection 4, a violation of 35
subsection 1 or 2 by any person constitutes a deceptive trade 36
practice for the purposes of NRS 598.0903 to 598.0999, inclusive. 37
Each such violation of subsection 1 or 2 constitutes a separate 38
deceptive trade practice. 39
4. A person who violates the provisions of subsection 1 or 2 is 40
not subject to any criminal penalty set forth in subsection 3 of 41
NRS 598.0999. 42
5. A person aggrieved by a violation of subsection 1 or 2 may 43
bring an action for consumer fraud pursuant to NRS 41.600. 44
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6. The Department may adopt any regulations necessary to 1
carry out the provisions of this section. 2
7. A provider of health coverage for federal employees, a 3
provider of health coverage that is subject to the Employee 4
Retirement Income Security Act of 1974 or a Taft-Hartley trust 5
formed pursuant to 29 U.S.C. § 186(c)(5): 6
(a) Is not required to comply with the requirements of this 7
section. 8
(b) May elect to be subject to the provisions of this section by 9
notifying the Director in writing on or before January 1 of each 10
year in which the provider or trust, as applicable, elects to 11
participate. 12
8. As used in this section: 13
(a) “Maximum fair price” means the maximum fair price for a 14
drug published by the United States Secretary of Health and 15
Human Services pursuant to 42 U.S.C. § 1320f-4. 16
(b) “Price applicability period” has the meaning ascribed to it 17
in 42 U.S.C. § 1320f(b)(2). 18
(c) “Referenced drug” means a drug subject to a maximum 19
fair price. 20
Sec. 2. NRS 41.600 is hereby amended to read as follows: 21
41.600 1. An action may be brought by any person who is a 22
victim of consumer fraud. 23
2. As used in this section, “consumer fraud” means: 24
(a) An unlawful act as defined in NRS 119.330; 25
(b) An unlawful act as defined in NRS 205.2747; 26
(c) An act prohibited by NRS 482.36655 to 482.36667, 27
inclusive; 28
(d) An act prohibited by NRS 482.351; 29
(e) A deceptive trade practice as defined in NRS 598.0915 to 30
598.0925, inclusive; [or] 31
(f) A violation of NRS 417.133 or 417.135 [.] ; or 32
(g) A violation of section 1 of this act. 33
3. If the claimant is the prevailing party, the court shall award 34
the claimant: 35
(a) Any damages that the claimant has sustained; 36
(b) Any equitable relief that the court deems appropriate; and 37
(c) The claimant’s costs in the action and reasonable attorney’s 38
fees. 39
4. Any action brought pursuant to this section is not an action 40
upon any contract underlying the original transaction. 41
Sec. 3. NRS 598.0999 is hereby amended to read as follows: 42
598.0999 1. Except as otherwise provided in NRS 598.0974, 43
a person who violates a court order or injunction issued pursuant to 44
the provisions of NRS 598.0903 to 598.0999, inclusive, upon a 45
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complaint brought by the Commissioner, the Director, the district 1
attorney of any county of this State or the Attorney General shall 2
forfeit and pay to the State General Fund a civil penalty of not more 3
than $10,000 for each violation. For the purpose of this section, the 4
court issuing the order or injunction retains jurisdiction over the 5
action or proceeding. Such civil penalties are in addition to any 6
other penalty or remedy available for the enforcement of the 7
provisions of NRS 598.0903 to 598.0999, inclusive. 8
2. Except as otherwise provided in NRS 598.0974, in any 9
action brought pursuant to the provisions of NRS 598.0903 to 10
598.0999, inclusive, if the court finds that a person has willfully 11
engaged in a deceptive trade practice, the Commissioner, the 12
Director, the district attorney of any county in this State or the 13
Attorney General bringing the action may recover a civil penalty not 14
to exceed $15,000 for each violation. The court in any such action 15
may, in addition to any other relief or reimbursement, award 16
reasonable attorney’s fees and costs. 17
3. [A] Except as otherwise provided in section 1 of this act, a 18
natural person, firm, or any officer or managing agent of any 19
corporation or association who knowingly and willfully engages in a 20
deceptive trade practice: 21
(a) For an offense involving a loss of property or services valued 22
at $1,200 or more but less than $5,000, is guilty of a category D 23
felony and shall be punished as provided in NRS 193.130. 24
(b) For an offense involving a loss of property or services 25
valued at $5,000 or more but less than $25,000, is guilty of a 26
category C felony and shall be punished as provided in 27
NRS 193.130. 28
(c) For an offense involving a loss of property or services valued 29
at $25,000 or more but less than $100,000, is guilty of a category B 30
felony and shall be punished by imprisonment in the state prison for 31
a minimum term of not less than 1 year and a maximum term of not 32
more than 10 years, and by a fine of not more than $10,000. 33
(d) For an offense involving a loss of property or services 34
valued at $100,000 or more, is guilty of a category B felony and 35
shall be punished by imprisonment in the state prison for a 36
minimum term of not less than 1 year and a maximum term of not 37
more than 20 years, and by a fine of not more than $15,000. 38
(e) For any offense other than an offense described in 39
paragraphs (a) to (d), inclusive, is guilty of a misdemeanor. 40
The court may require the natural person, firm, or officer or 41
managing agent of the corporation or association to pay to the 42
aggrieved party damages on all profits derived from the knowing 43
and willful engagement in a deceptive trade practice and treble 44
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damages on all damages suffered by reason of the deceptive trade 1
practice. 2
4. If a person violates any provision of NRS 598.0903 to 3
598.0999, inclusive, 598.100 to 598.2801, inclusive, 598.405 4
to 598.525, inclusive, 598.741 to 598.787, inclusive, 598.840 to 5
598.966, inclusive, or 598.9701 to 598.9718, inclusive, fails to 6
comply with a judgment or order of any court in this State 7
concerning a violation of such a provision, or fails to comply with 8
an assurance of discontinuance or other agreement concerning an 9
alleged violation of such a provision, the Commissioner or the 10
district attorney of any county may bring an action in the name of 11
the State of Nevada seeking: 12
(a) The suspension of the person’s privilege to conduct business 13
within this State; or 14
(b) If the defendant is a corporation, dissolution of the 15
corporation. 16
The court may grant or deny the relief sought or may order other 17
appropriate relief. 18
5. If a person violates any provision of NRS 228.500 to 19
228.640, inclusive, fails to comply with a judgment or order of any 20
court in this State concerning a violation of such a provision, or fails 21
to comply with an assurance of discontinuance or other agreement 22
concerning an alleged violation of such a provision, the Attorney 23
General may bring an action in the name of the State of Nevada 24
seeking: 25
(a) The suspension of the person’s privilege to conduct business 26
within this State; or 27
(b) If the defendant is a corporation, dissolution of the 28
corporation. 29
The court may grant or deny the relief sought or may order other 30
appropriate relief. 31
6. In an action brought by the Commissioner or the Attorney 32
General pursuant to subsection 4 or 5, process may be served by an 33
employee of the Consumer Affairs Unit of the Department of 34
Business and Industry or an employee of the Attorney General. 35
7. As used in this section: 36
(a) “Property” has the meaning ascribed to it in NRS 193.0225. 37
(b) “Services” has the meaning ascribed to it in NRS 205.0829. 38
(c) “Value” means the fair market value of the property or 39
services at the time the deceptive trade practice occurred. The value 40
of a written instrument which does not have a readily ascertainable 41
market value is the greater of the face amount of the instrument less 42
the portion satisfied or the amount of economic loss to the owner of 43
the instrument resulting from the deprivation of the instrument. The 44
trier of fact shall determine the value of all other property whose 45
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value is not readily ascertainable, and may, in making that 1
determination, consider all relevant evidence, including evidence of 2
the value of the property to its owner. 3
Sec. 4. The provisions of this act do not apply to any contract 4
for the sale of or reimbursement for a drug entered into before 5
January 1, 2026, but do apply to any renewal or extension of such a 6
contract. 7
Sec. 5. 1. This section becomes effective upon passage and 8
approval. 9
2. Sections 1 to 4, inclusive, of this act become effective: 10
(a) Upon passage and approval for the purpose of adopting any 11
regulations and performing any other preparatory administrative 12
tasks that are necessary to carry out the provisions of this act; and 13
(b) On January 1, 2026, for all other purposes. 14
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