Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0582 Compare Versions

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

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5	5	2023 -- S 0582
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7	7	LC001828
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
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14	14	A N A C T
15	15	RELATING TO INSURANCE -- PRESCRIPTION DRUG BENEFITS
16	16	Introduced By: Senators DiMario, Miller, Lawson, Lauria, DiPalma, Valverde, Murray,
17	17	and Kallman
18	18	Date Introduced: March 07, 2023
19	19	Referred To: Senate Health & Human Services
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22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Legislative findings. 1
24	24	The general assembly hereby finds and declares that: 2
25	25	Health insurance premiums are increasing in large part due to prescription drug expenses. 3
26	26	Drug manufacturers employ direct-to-consumer marketing strategies, including coupons, discount 4
27	27	cards, and similar offers, designed to conceal the true costs of high-priced drugs. Providing 5
28	28	information about lower cost alternatives, when available, will help eliminate an expense that drives 6
29	29	up the cost of health care for Rhode Islanders. Furthermore, where the drug makers are willing to 7
30	30	offer these ''discounts" to patients with insurance, they should provide similar discounts to help 8
31	31	those patients without coverage. This act addresses those cost concerns. 9
32	32	SECTION 2. Chapter 27-20.8 of the General Laws entitled "Prescription Drug Benefits" is 10
33	33	hereby amended by adding thereto the following section: 11
34	34	27-20.8-5. Fair marketing of prescription drugs. 12
35	35	(a) A person who manufactures a prescription drug who offers or makes available to an 13
36	36	insured in this state any discount, repayment, product voucher, or similar mechanism that provides 14
37	37	a reduction in an individual's out-of-pocket expenses, associated with their health insurance, shall 15
38	38	permit such mechanism to be used by a person without health insurance coverage for that 16
39	39	prescription drug. 17
40	40	(b) A person who manufactures a prescription drug who offers or makes available to an 18
41	41	insured in this state any discount, repayment, product voucher, or similar mechanism, shall publish 19
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45	45	on the discount card, coupon, voucher, or similar material, and on any accompanying advertisement 1
46	46	and website, in an easily readable font and understandable format, a message that a generic 2
47	47	alternative has been approved by the United States Food and Drug Administration (FDA), that the 3
48	48	generic alternative may be available at a lower price, and instructions for the dispensing pharmacist, 4
49	49	to inform the consumer about all generic alternatives. 5
50	50	(1) For the purpose of this section, a "generic alternative" means a drug designated to be 6
51	51	therapeutically equivalent, as indicated by the FDA's "Approved Drug Products with Therapeutic 7
52	52	Equivalence Evaluations." 8
53	53	(2) Subsection (b) of this section shall not apply to a branded prescription drug until the 9
54	54	time that the first drug designated in the FDA's "Approved Drug Products with Therapeutic 10
55	55	Equivalence Evaluations" as therapeutically equivalent to that branded prescription drug has been 11
56	56	nationally available, or, the active ingredients of the drug are contained in products regulated by 12
57	57	the FDA, are available without prescription at a lower cost, and are not otherwise contraindicated 13
58	58	for treatment of the condition for which the prescription drug is approved. 14
59	59	SECTION 3. This act shall take effect on January 1, 2024. 15
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66	66	EXPLANATION
67	67	BY THE LEGISLATIVE COUNCIL
68	68	OF
69	69	A N A C T
70	70	RELATING TO INSURANCE -- PRESCRIPTION DRUG BENEFITS
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72	72	This act would regulate the marketing of prescription drug manufacturers using direct-to-1
73	73	consumer marketing strategies including coupons, discount cards and similar offers, to provide 2
74	74	information about lower cost alternatives and to make the discounts available to individuals without 3
75	75	health insurance. 4
76	76	This act would take effect on January 1, 2024. 5
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