CHAPTER 126-BB NEW HAMPSHIRE PRESCRIPTION DRUG AFFORDABILITY BOARD
Section 126-BB:2
126-BB:2 New Hampshire Prescription Drug Affordability Board Established. –
There is established the New Hampshire prescription drug affordability board to carry out the purposes of this chapter.
I. The board shall consist of 5 members with expertise in health care economics or clinical medicine, who shall not be, or be directly related to, anyone affiliated with, employed by, or representing the interests of a public payor, pharmaceutical or pharmacy company, pharmacy benefits management company, or health insurance provider and who have completed a conflict of interest statement. A member may be a legislator but is not required to be a legislator. They shall be appointed as follows:
(a) Two members by the president of the senate. The president of the senate shall also appoint 2 alternate board members who will participate in deliberations of the board in the event a member appointed by the president of the senate elects to be recused as provided in RSA 126-BB:3 or is absent.
(b) Two members by the speaker of the house of representatives. The speaker of the house of representatives shall also appoint 2 alternate board members who will participate in deliberations of the board in the event a member appointed by the speaker of the house of representatives elects to be recused as provided in RSA 126-BB:3 or is absent.
(c) One member by the governor. The governor shall also appoint 2 alternate board members who shall participate in deliberations of the board in the event the member appointed by the governor elects to be recused as provided in RSA 126-BB:3 or is absent.
II. Members shall be appointed to 5-year terms. Of the initial appointees, the member appointed by the governor shall serve an initial term of 5 years, one member appointed by the president of the senate and one member appointed by the speaker of the house of representatives shall serve an initial term of 4 years and one member appointed by the president of the senate and one member appointed by the speaker of the house of representatives shall serve an initial term of 3 years.
III. A majority of board members shall constitute a quorum.
IV. The chair of the board shall be elected by an affirmative vote of at least 4 of the 5 members of the board.
V. Beginning no later than March 1, 2021, the board shall meet in public session at least every 12 weeks to review prescription drug information and to make recommendations pursuant to RSA 126-BB:5. The first meeting shall be called by the first-named appointee of the senate president.
(a) Each public meeting shall be announced 2 weeks in advance, and materials for the meeting shall be made public at least one week in advance.
(b) Each public meeting shall provide opportunity for comment from the public in attendance at the meeting, and the board shall provide the opportunity for the public to submit written comments on pending decisions.
(c) The board may allow expert testimony at public meetings and any meeting conducted in executive session as permitted by subparagraph (d).
(d) Notwithstanding requirements of RSA 91-A, the board may meet in executive session, except that any decision of the board shall be made in public.
VI. The board shall be administratively attached to the department of health and human services. For a limited time, the board may employ an executive director, who shall be an unclassified employee. The executive director shall be appointed by and serve at the pleasure of the board. Said position shall be effective for no more than 2 years following the date of hire of the individual first selected to fill the position. The board may also employ one contracted employee or more, dependent on the availability of funds.
Source. 2020, 13:5, eff. July 1, 2020. 2022, 244:2, 3, eff. July 1, 2022. 2023, 79:397, eff. July 1, 2023.