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Prescription Drug Pricing: State Strategy Implementation

State agencies and the federal government can take legislative and administrative actions through various programs to curb the rising cost of prescription drugs. This section explores some of these innovative actions.

Implementation of New Laws

A number of states have enacted drug pricing transparency laws requiring manufacturers, pharmacy benefit managers, and other entities to report information explaining high price increases and high-priced new drugs.

State Drug Price Transparency Programs Identify Critical Data on High Cost Drugs, April 2022. This NASHP blog shares key findings from states’ transparency reports.

Drug Price Transparency Laws Position States to Impact Drug Prices, January 2022. This NASHP blog gives an update on state drug transparency laws and their impact.

Transparency Law Comparison Chart, updated December 2023. This NASHP chart compares enacted state drug pricing transparency laws, organized by reporting entity.

What Are We Learning from State Reporting on Drug Pricing?, December 2019. This NASHP report offers a cross-state analysis of drug price transparency findings through August 2019, based on reports from California, Maine, Nevada, Oregon, and Vermont.

California Resources

Connecticut Resources

Insurance Department: Pharmacy Benefit Manager Rebate Reports:

Maine Resources

Minnesota Resources

Nevada Resources

New Hampshire Resources

New Jersey Resources

  • New Jersey S1615, enacted July 10, 2023 

North Dakota Resources

Oregon Resources

Texas Resources

Utah Resources

Vermont Resources

Virginia Resources

Washington Resources

West Virginia Resources

Since 2018, multiple states have enacted laws advancing wholesale prescription drug importation programs from Canada. As a first step towards implementation, states must design a safe, cost-saving approach to importation and achieve certification from the US Secretary of Health and Human Services. Read NASHP’s recommended changes to the Administration’s notice of proposed rulemaking for importation of certain prescription drugs from Canada.

Colorado Resources

Florida Resources

Maine Resources

New Hampshire Resources

New Mexico Resources

Texas Resources

Vermont Resources

Federal Resources

States are implementing drug affordability boards — impartial entities made up of multiple stakeholders that would give a state the ability to limit how much its residents may pay for a certain high-cost drugs. States are taking various approaches to implementing this model.

This NASHP chart compares Prescription Drug Affordability Review laws: Comparison of State Prescription Drug Affordability Review Initiatives.

Colorado Resources

Maine Resources

Maryland Resources

Minnesota Resources

  • Minnesota SF 2744, enacted May 24, 2023

New Hampshire Resources

Oregon Resources

Washington Resources

States are increasingly looking beyond individual agencies and programs to harness the significant potential of their collective buying power through cross-agency collaboration to purchase prescription drugs.

To help states establish baseline data from each public purchaser on their plans, PBMs, and prescription drug benefits, NASHP developed a Checklist for Coordinating Public Purchasing of Prescription Drugs as a first step for identifying opportunities to better coordinate purchasing and lower drug costs.

NASHP is continuing to develop model policies to help states address drugs costs. Read NASHP’s October, 2019 Proposal for a State Purchasing Pool for Prescription Drugs, which would allow individuals and businesses to join a public drug plan, increase the size of the state purchasing pools, and secure lower costs.

California Resources

Delaware Resources

Minnesota Resources

New Mexico Resources

Wisconsin Resources

Several states have enacted laws to authorize use of reverse auctions to negotiate higher value contracts with pharmacy benefit managers (PBMs). The reverse auction process allows states to make apples-to-apples comparisons across bids and leverages competition by requiring PBMs to compete against the lowest bidder over several rounds of bidding.

States Save on Rx Spending by Using Reverse Auctions for Pharmacy Benefit Manager Service Procurement, August 2020. This NASHP blog explores New Jersey’s experience with implementing reverse auctions.

A New Jersey official describes how the state implemented a reverse auction model in this webinar recording: How States Can Control Pharmacy Benefit Manager Contract Costs through Reverse Auctions 

Colorado Resources 

Louisiana Resources 

Maryland Resources 

Minnesota Resources 

New Hampshire Resources 

New Jersey Resources 

Medicaid

Several states are implementing a “Netflix” subscription-based payment model that allows a state to negotiate agreements with drug manufacturers for unlimited access to hepatitis C drugs for a fixed, predetermined cost. Below are state resources.

Louisiana Resources

Washington Resources

States are executing outcomes-based contracts with drug manufacturers based on a specific drug and agreed-upon outcomes, and various approaches to measurement. These contracts are enabled by state plan amendments allowing states to negotiate supplemental rebates depending on a drug’s performance.

Alabama Resources

Arizona Resources

Colorado Resources

Massachusetts Resources

Michigan Resources

Oklahoma Resources

NASHP provided a grant to the Colorado Department of Health Care Policy and Financing to develop a new payment methodology for physician-administered drugs based on average acquisition costs.

Colorado Resources

Massachusetts Enhanced Negotiating Authority

The Massachusetts Executive Office of Health and Human Services has the authority to directly negotiate supplemental rebate agreements with manufacturers for drugs covered by MassHealth. If an agreement cannot be reached and the drug meets certain price thresholds, the drug can be referred to the Massachusetts Health Policy Commission for further review.

Massachusetts Resources

New York Medicaid Drug Benefit Budget Cap 

The New York Medicaid program has the authority to negotiate with drug companies for supplemental rebates if drug spending is projected to exceed the annual spending limit. If the state is unable to reach an agreement, drugs may be referred to the New York Drug Utilization Review Board, which conducts a value assessment of the product. 

New York Resources

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