Front Page-Rx

Legal Challenges of Rx Drug Laws Passed in 2017 Will Shape States’ Future Cost Containment Legislation

As the number of state bills to rein in prescription drug prices grows beyond 150 nationwide in 2018, the first generation of several state laws passed last year are now before the courts. The pharmaceutical industry has consistently challenged drug cost transparency and price gouging legislation passed in 2017 in federal courts. How well these […]

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  • An Oregon State Lawmaker Crafts a Winning Strategy for Transparency Legislation

    An Oregon State Lawmaker Crafts a Winning Strategy for Transparency Legislation

    Last week, Oregon Gov. Kate Brown signed a drug cost transparency bill into law that requires drug makers to report the reasons behind dramatic drug price increases. The bill’s leading advocate and architect, state Rep. Robert Nosse, D-Portland, worked for nearly three years to create a prescription cost containment bill that would win bipartisan support […]

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  • State Health Policy Blog
    Can States Regulate Drug Costs without Violating Patent Law? Yes, Here’s Why

    Can States Regulate Drug Costs without Violating Patent Law? Yes, Here’s Why

    When states pass laws that enable them to regulate prescription drug costs or mandate drug pricing transparency, the pharmaceutical industry always fires back with lawsuits claiming the states are violating federal law. In 2017, the industry sued every state that enacted drug cost containment legislation claiming they had violated myriad federal laws, including the Patent […]

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  • Publications

    How States Can Contain Rx Drug Costs without Violating Federal Patent Law

    This National Academy for State Health Policy white paper, States’ Rights: A Patent Law Analysis of NASHP Rate-Setting Model Act by experts at the University of California Hastings College of the Law, explores why state drug rate-setting legislation and other cost containment approaches do not violate federal patent law and can withstand legal challenges. This […]

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  • State Health Policy Blog
    How the Federal Government Can Help States Address Rising Prescription Drug Costs

    How the Federal Government Can Help States Address Rising Prescription Drug Costs

    State Medicaid programs, which face rapidly rising drug costs, have few bargaining chips to use when negotiating lower drug costs, due in part to decades-old federal rules that limit their bargaining power. NASHP, with support of The Commonwealth Fund, recently sat down with state and federal policymakers to identify policy and rule changes that could […]

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  • State Health Policy Blog
    Four More States Submit Bills to Import Prescription Drugs from Canada

    Four More States Submit Bills to Import Prescription Drugs from Canada

    As states pursue a wide range of legislation to address rising drug costs, four more states have joined Utah and Vermont to introduce bills to import prescription drugs from Canada through a state-run, wholesale operation. This market-based approach to providing more affordable medicines from Canada, where prescription drugs cost on average 30 percent less than […]

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  • State Health Policy Blog
    Trending Now: State Legislation that Bans Pharmacy Benefit Managers’ “Gag Clauses”

    Trending Now: State Legislation that Bans Pharmacy Benefit Managers’ “Gag Clauses”

    A growing number of state legislatures across the country are introducing bills to outlaw a “gag clause” that prevents pharmacists from telling consumers when there are cheaper prescription drug alternatives available. Some of the bills also require fuller disclosure about the business relationships between pharmacy benefit managers, health plans, and pharmacies in order to address […]

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  • State Health Policy Blog
    State Legislatures Start Out Strong in 2018 with Bills to Curb Rx Drug Costs

    State Legislatures Start Out Strong in 2018 with Bills to Curb Rx Drug Costs

    With the federal government continuing to take no action to curb drug costs, states legislatures across the country are intensifying their efforts in 2018 to staunch the financial hemorrhage to health care budgets caused by escalating prescription drug costs. Three weeks into 2018, 43 bills designed to rein in prescription drug costs have been introduced […]

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  • State Health Policy Blog
    Maryland Lawmakers Submit Drug Cost Review Bill Based on NASHP’s Model Legislation

    Maryland Lawmakers Submit Drug Cost Review Bill Based on NASHP’s Model Legislation

    ANNAPOLIS — State lawmakers are scheduled to introduce a bill today that empowers Maryland to regulate prescription drug costs by evaluating the affordability of certain drugs and imposing limits on what the state and commercial health plans will pay them. Based on model legislation created by the National Academy for State Health Policy (NASHP), the […]

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  • Utah State Legislator Introduces Bill to Import Prescription Drugs from Canada, Based on NASHP Model Legislation

    Utah State Legislator Introduces Bill to Import Prescription Drugs from Canada, Based on NASHP Model Legislation

    Salt Lake City, Utah: Today, Republican state legislator Norman Thurston introduced groundbreaking legislation to create a safe, state-run prescription drug importation program that would import high-cost drugs from Canada, where prescription drugs cost 30 percent less than in the United States. The proposal for a whole-sale importation program of select, higher-cost drugs that are already […]

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