CHAPTER 245

HB 148 – FINAL VERSION

15Feb2007… 0091h

06/07/07 1976s

2007 SESSION

07-0697

01/05

HOUSE BILL 148

AN ACT establishing a commission to study pharmaceutical costs and the 340B Drug Pricing Program.

SPONSORS: Rep. Rosenwald, Hills 22; Rep. MacKay, Merr 11; Rep. McLeod, Graf 2; Rep. Wendelboe, Belk 1; Rep. Nordgren, Graf 9; Sen. Estabrook, Dist 21; Sen. Fuller Clark, Dist 24; Sen. Hassan, Dist 23; Sen. Kenney, Dist 3

COMMITTEE: Health, Human Services and Elderly Affairs

AMENDED ANALYSIS

This bill establishes a commission to study obtaining greater efficiencies and cost savings in public pharmaceutical costs through increased participation in the federal 340B Drug Pricing Program.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

15Feb2007… 0091h

06/07/07 1976s

07-0697

01/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT establishing a commission to study pharmaceutical costs and the 340B Drug Pricing Program.

Be it Enacted by the Senate and House of Representatives in General Court convened:

245:1 Commission Established. There is established a commission to study obtaining greater efficiencies and cost savings in public pharmaceutical costs through increased participation in the federal 340B Drug Pricing Program with particular emphasis on Medicaid and inmate populations.

245:2 Membership and Compensation.

I. The members of the commission shall be as follows:

(a) Three members of the house of representatives, appointed by the speaker of the house of representatives.

(b) Two members of the senate, appointed by the president of the senate.

(c) A physician licensed under RSA 329, appointed by the New Hampshire Medical Society.

(d) A representative of the New Hampshire Hospital Association, appointed by the association.

(e) A representative of the Bi-State Primary Care Association, appointed by the director of the New Hampshire division of the association.

(f) Two members representing 340B covered entities, one entity currently offering 340B pharmacy services and one entity eligible to participate but not currently providing 340B services, appointed by the director of the New Hampshire division of the Bi-State Primary Care Association.

(g) A county corrections superintendent, appointed by the New Hampshire Association of Counties.

(h) A nursing home administrator, appointed by the New Hampshire Health Care Association.

(i) A representative of a 340B contract pharmacy, appointed by the New Hampshire pharmacy board.

(j) The commissioner of the department of health and human services, or designee.

(k) The commissioner of the department of corrections, or designee.

(l) The commissioner of administrative services, or designee.

(m) The governor, or designee.

II. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.

245:3 Duties. The commission shall:

I. Undertake a study of strategies available to reduce the cost of pharmaceuticals paid for with public funds by expanding participation in the 340B program.

II. Analyze whether county corrections facilities could realize savings through 340B participation.

III. Propose changes to New Hampshire law, as needed, to support the maximization and participation in the 340B program to reduce the cost of pharmaceutical procurement.

IV. Review legislative efforts in other states to maximize 340B participation and shall also take advantage of any other analysis by outside organizations or foundations.

245:4 Chairperson; Meetings. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named house member. The first meeting of the commission shall be held within 45 days of the effective date of this section.

245:5 Report. The commission shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2007.

245:6 Effective Date. This act shall take effect upon its passage.

Approved: June 28, 2007

Effective: June 28, 2007