340B Legislation in the States

A number of states have introduced legislation to promote use of the 340B Drug Pricing Program.  It remains to be seen which bills will become law, but the number of states that have introduced 340B-related legislation in 2006 indicates an increased awareness by state lawmakers of the need to fully utilize the 340B Drug Pricing Program. Current state activity follows:

Alaska HB 453
Session: 2006 (1/9/06 thru 5/9/06 In Session)
Intro Date: 2/13/06
Progress: N/A
Sponsor: N/A
Subject: 340B Program; Prescription Drug Pricing
Summary:
HB 453 relates to prescription drug discount pricing; placing requirements on pharmacies related to prescription drugs obtained through discount pricing; and requiring the Department of Health and Social Services to conduct a study pertaining to prescription drug discounts and report the results to the legislature. A covered entity may not purchase a covered outpatient drug for a price that is higher than the average manufacturer price for the drug established under title XIX of the Social Security Act in the preceding calendar quarter, reduced by the rebate percentage described under Title III, Part D, Subpart VII, sec. 340B.

Alaska HB 455
Session: 2006 (1/9/06 thru 5/9/06 In Session)
Intro Date: 2/13/06
Progress: N/A
Sponsor: N/A
Subject: State-Provided Drug Benefits
Summary:
HB 455 requires the use of generic drugs except in certain circumstances and authorizes specified terms on a prescription.

Arizona SB 1442
Intro Date: 1/30/06
Progress: Approved Effective:N/A PubAct:373;
Subject: State-Provided Drug Benefits
Summary:
SB 1442, as amended on March 14, 2006, retains original text, but revises eligibility requirements for programs for uninsured persons. It requires the person have been a resident of the state for at least twenty-four months before the person submits an application, and that the person be a citizen of the United States or a legal resident. It requires the person not have received certain services at any time within twenty-four months before the person submits an application.
SB 1442, as introduced, establishes a temporary medical coverage program under the AZ Health Cost Containment System Administration. The measure, beginning October 1, 2006, establishes eligibility for the program for any uninsured person who meets specified requirements and all covered services shall be provided by health plans that have contracts with the administration or by a qualifying plan.

Arizona SB 1535
Session: 47th Legislature, Second Regular Session - 2006 (1/9/06 thru 3/21/06 In Session)
Intro Date: 1/31/06
Progress: N/A
Sponsor: Senator Jorge Luis Garcia (D)
Subject: Covered Entities - Funding
Summary:
SB 1535 pertains to general appropriations but specifies funding for the community health centers and Medicaid special exemption payments, and state employee health insurance. The bill specifies that the amount appropriated for state employee health insurance adjustments for fiscal year 2006-2007 increases in the employer share of state employee health insurance premiums, and the amount appropriated for state employee retirement contribution adjustments for fiscal year 2006-2007 increases in the employer share of state employee retirement contributions.

California AB 1807
Session: 2005-2006 (12/6/04 thru 8/31/06 In Recess until 8/6/06)
Intro Date: 1/10/06
Progress: Approved Effective:7/12/2006 PubAct:74
Subject: Prescription Drug Pricing; State-Provided Drug Benefits
Summary:
AB 1807, as amended on June 27, 2006, provides for the Omnibus Health Trailer bill for the Budget Act of 2006 and contains necessary changes to implement the Budget Act of 2006. This bill makes changes to conform state statute with recent federal law changes made pursuant to the federal Deficit Reduction Act of 2006 regarding the verification of citizenship for individuals currently enrolled in the Medi-Cal Program and individuals who are applying for enrollment into the Medi-Cal Program. This bill requires that when conducting outreach activities for the enrollment of special needs populations into the Medi-Cal Managed Care Program, the DHS and its contractors, as deemed applicable by the department, shall work with state, local and regional organizations with the ability to target low-income seniors and individuals with disabilities in the communities where they live. The Budget Bill contains $1.1 million ($550,000 General Fund) for this purpose. This bill provides technical, clarifying language for the Genetically Handicapped Persons Program and the California Children Services Program to receive manufacturer drug rebates as provided for under the Medi-Cal Program. The Budget Bill assumes receipt of $3 million in drug rebate funds from this action. This bill makes legislative findings and declarations that in order for counties to do the work that is expected of them, it is necessary for them to receive adequate funding to ensure that counties can meet performance standards and provide effective administration of the Medi-Cal program at the local level. The Budget Bill provides a cost-of-doing business to the counties for the administration of the Medi-Cal Program in order to maintain county performance standards. This bill would establish rates for the PACE program to be funded at 90 percent of the average Medi-Cal Fee-for-Service level. The Budget Bill provides $2 million (General Fund) for this purpose. This bill requires the DHS to report to the Legislature by no later than March 15, 2006, on Medi-Cal Fee-for-Service rates as specified. In addition, it enables the DHS to use up to $600,000 ($300,000) for a contractor to assist with data collection and analysis. This bill requires the Managed Risk Medical Insurance Board (MRMIB) to report to the Legislature regarding an independent analysis being conducted on the supplemental mental health services provided under the Healthy Families Program. This bill provides for, to the extent funds are appropriated in the annual Budget Act, the Department of Developmental Services (DDS) to provide rate increases for the purpose of enhancing wages for direct care staff in day programs, and work activity programs that meet certain criteria as described. This bill requires for all Regional Center vendors as specified to ensure that billing information provided to Regional Centers contains specific billing information as noted in order for the DDS to collect appropriate federal reimbursement under the Home and Community-Based Waiver.

California SB 1448
Session: 2005-2006 (12/6/04 thru 8/31/06 In Recess until 8/6/06)
Intro Date: 2/23/06
Progress: Approved Effective:7/18/2006 PubAct:76
Subject: Covered Entities - Eligibility/Access
Summary:
SB 1448, as amended June 29, 2006, implements a portion of the federally approved demonstration project waiver relating to the expansion of Medi-Cal managed care enrollment and the extension of health care coverage to individuals currently uninsured. The bill, in implementation of that waiver and subject to federal financial participation, enacts the Health Care Coverage Initiative for the purpose of extending health care coverage to those individuals. The bill requires that the initiative be designed and implemented to achieve specified outcomes, including expanding the number of Californians who have health care coverage. It requires the department to allocate the federal funds available to be claimed, and to select participating programs that best meet the requirements and desired outcomes of the initiative. The measure provides that a county, city and county, consortium of more than one county, or health authority is eligible to apply for the initiative funds; specifies application requirements; and, requires the department to select at least 5 entities and to seek to balance the allocations throughout geographic areas of the state. Allocations are for a 3-year period, and selected entities are required to provide local funds or intergovernmental transfers necessary to claim federal funds. The legislation requires that federal funds under the initiative supplement, and not supplant, funds otherwise used for health care services, and it limits the amount of funds that may be used for program administration. The measure requires that the department, in consultation with any of specified entities, evaluate the initiative, and requires that the department monitor the programs funded under the initiative for compliance with applicable requirements. The bill provides that the provisions governing the initiative shall become inoperative on the date that the director executes a declaration stating that the federal demonstration project waiver has been terminated by the federal Centers for Medicare and Medicaid Services, and shall, 6 months after the date the declaration is executed, be repealed. The bill appropriates $200,000 from the General Fund and $200,000 from the Federal Trust Fund to the State Department of Health Services for these purposes.

California AB 2282
Session: 2005-2006 (12/6/04 thru 8/31/06 In Session)
Intro Date: 2/22/06
Progress: Passed House
Subject: Covered Entities - Other
Summary:
Federally-qualified health centers. An act to amend Section 650 of the Business and Professions Code, and to amend Section 14107.2 of the Welfare and Institutions Code, relating to health facilities. This bill would provide that the offer, delivery, receipt, or acceptance of any consideration between a federally-Qualified health center, as defined, and any individual or entity providing goods, items, services, donations, loans, or a combination thereof to the health center is not unlawful if the transaction otherwise is consistent with a specified federal law and meets certain requirements, including contributing to the ability of the health center to maintain or increase the availability or enhance the quality of services provided to a medically underserved population. This bill would also exempt from the above criminal provisions the offer, delivery, receipt, or acceptance of any consideration between a federally-Qualified health center, as defined, and any individual or entity providing goods, items, services, donations, loans, or a combination thereof, to the health center entity pursuant to an agreement if that agreement contributes to the ability of the health center entity to maintain or increase the availability, or enhance the quality, of services provided to a medically underserved population served by the health center, and if the transaction otherwise meets the requirements of specified provisions of federal law.

California SB 1427
Session: 2005-2006 (12/6/04 thru 8/31/06 In Session)
Intro Date: 2/22/06
Progress: Passed Senate
Subject: Covered Entities - Other
Summary:
Medi-Cal: federally qualified health centers. An act to add Section 14132.103 to the Welfare and Institutions Code, relating to Medi-Cal. Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Services and under which health care services are provided to qualified low-Income persons. Federally qualified health center (FQHC) services described under federal law are covered Medi-Cal benefits. Existing law includes within the definition of an FQHC certain entities known as FQHC look-Alikes, which have been determined to meet specified funding requirements, but have not received that funding. Existing law requires that FQHCs be reimbursed on a per-Visit basis, and allows an FQHC to apply for an adjustment to its per-Visit rate based on a change in the scope of services it provides. This bill would authorize the provision of FQHC services, as described under federal law, to an FQHC patient, as defined, by certain qualified health professionals, at locations other than an FQHC's primary care clinic site, under designated circumstances.

California SB 1520
Session: 2005-2006 (12/6/04 thru 8/31/06 In Session)
Intro Date: 2/23/06
Progress: Passed Senate
Subject: Covered Entities - Funding
Summary:
Medi-Cal: hospital funding demonstration project: Existing law establishes the Medi-Cal Hospital/Uninsured Care Demonstration Project Act, which revises hospital reimbursement methodologies under the Medi-Cal program in order to maximize the use of federal funds consistent with federal Medicaid law and stabilize the distribution of funding for hospitals that provide care to Medi-Cal beneficiaries and uninsured patients. This demonstration project provides for funding, in supplementation of Medi-Cal reimbursement, to various hospitals, including designated public hospitals, as defined in accordance with certain provisions relating to disproportionate share hospitals, and which include specified University of California hospitals.


California SB 19
Session: 2005-2006 (12/6/04 thru 8/31/06 In Session)
Intro Date: 12/6/04
Progress: Died/Killed
Sponsor: Senator Deborah V. Ortiz (D)
Subject: 340B Program; Medicare Drug Bill; Prescription Drug Pricing; State-Provided Drug Benefits
Summary:
SB 19, as amended April 18, 2005, establishes the California State Pharmacy Assistance Program (Cal Rx).  The bill authorizes implementation of and administration of Cal Rx through a contract with a 3rd-party vendor or utilizing existing health care service provider enrollment and payment mechanisms. The bill requires attempts to negotiate manufacturer rebate agreements for Cal Rx with drug manufacturers. The bill authorizes any licensed pharmacy and any drug manufacturer, as defined, to provide services under Cal Rx. The bill establishes eligibility criteria and application procedures for California residents to participate in Cal Rx. Also establishes the California State Pharmacy Assistance Program Fund into which all payments received under Cal Rx are deposited...(Please see bill detail)

California AB 3070
Session: 2005-2006 (12/6/04 thru 8/31/06 In Session)
Intro Date: 3/15/06
Progress: Passed House Committee
Subject: Covered Entities - Funding
Summary:
Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Services and under which qualified low-Income persons receive health care benefits. The Medi-Cal program is, in part, governed and funded by federal Medicaid provisions. Existing law establishes the Medi-Cal Hospital/Uninsured Care Demonstration Project Act, which revises hospital reimbursement methodologies under the Medi-Cal program in order to maximize the use of federal funds consistent with federal Medicaid law and stabilize the distribution of funding for hospitals that provide care to Medi-Cal beneficiaries and uninsured patients. This demonstration project provides for funding, in supplementation of Medi-Cal reimbursement, to various hospitals, including designated public hospitals, nondesignated public hospitals , and private hospitals , as defined in accordance with certain provisions relating to disproportionate share hospitals. Existing law provides for the payment of safety net care pool funds to designated public hospitals, or governmental entities with which they are affiliated, pursuant to the demonstration project.

California SB 458
Session: 2005-2006 (12/6/04 thru 8/31/06 In Session)
Intro Date: 2/18/05
Progress: Passed Senate
Subject: Covered Entities - Eligibility/Access
Summary:
SB 458, as amended on June 27, 2005, authorizes until January 1, 2009, a pilot project in which up to 200,000 employees at any one time may be enrolled, and for which nonprofit community health centers, nonprofit primary care clinics, nonprofit federally qualified health centers, and look-alikes, may accept prepayment from an administering health care service plan or health insurer for provider services for up to one month at a time. The bill would require that, before January 1, 2009, an evaluation of the coverage provided pursuant to the pilot project be submitted to the Legislature.

Colorado HB 1252
Session: 2006 (1/11/06 thru 5/10/06 In Session)
Intro Date: 1/31/06
Progress: N/A
Sponsor: Representative K. Jerry Frangas (D)
Subject: 340B Program; Prescription Drug Pricing; State-Provided Drug Benefits
Summary:
HB 1252 establishes the Colorado Cares Rx program within the Department of Public Health and Environment to allow an eligible person, any political subdivision of the state, and any business to purchase prescription drugs at the discounted rate negotiated by the entity administering the program. The measure defines the eligibility criteria and requires the department to contract with one or more entities to implement and administer the program. The bill also creates the Colorado Rx clearinghouse to provide access to medically necessary prescription drugs through patient assistance programs sponsored by pharmaceutical drug manufacturers, drug wholesalers, or retail pharmacies and the program. The bill establishes the requirements of the administering entity in developing and administering the clearinghouse and in serving rural and underserved communities, specifying that the clearinghouse shall also provide assistance to an individual in obtaining Medicare. The bill requires state public departments to maximize prescription drug discounts within the programs administered by the departments through the utilization of the federal 340B drug pricing program in order to receive the maximum state budget savings.

Colorado HB 1310
Session: 2006 (1/11/06 thru 5/10/06 In Session)
Intro Date: 2/3/06
Progress: N/A
Sponsor: Representative Bernie Buescher (D)
Subject: Covered Entities - Funding
Summary:
HB 1310 bases the appropriation to the state auditor's office for review of programs that receive tobacco settlement moneys on the amount of tobacco settlement moneys received in the preceding calendar year, rather than the preceding fiscal year. This includes funding for the AIDS Drug Assistance Program.


Colorado SB 44
Intro Date: 1/11/06
Progress: Approved Effective:N/A PubAct:N/A
Subject: Covered Entities - Eligibility/Access; State-Provided Drug Benefits
Summary:
SB 44 establishes the Colorado primary care program for the purpose of providing primary care services to specified low-income, uninsured adults who have a qualifying medical condition, including four prescription drug prescriptions per month. FQHCs shall provide primary care services for beneficiaries. The bill also establishes the Colorado Health Care Services Fund for the program.

Colorado HB 1252
Intro Date: 1/31/06
Progress: N/A
Sponsor: Representative K. Jerry Frangas (D)
Subject: 340B Program; Prescription Drug Pricing; State-Provided Drug Benefits
Summary:
HB 1252 establishes the Colorado Cares Rx program within the Department of Public Health and Environment to allow an eligible person, any political subdivision of the state, and any business to purchase prescription drugs at the discounted rate negotiated by the entity administering the program. The measure defines the eligibility criteria and requires the department to contract with one or more entities to implement and administer the program. The bill also creates the Colorado Rx clearinghouse to provide access to medically necessary prescription drugs through patient assistance programs sponsored by pharmaceutical drug manufacturers, drug wholesalers, or retail pharmacies and the program. The bill establishes the requirements of the administering entity in developing and administering the clearinghouse and in serving rural and underserved communities, specifying that the clearinghouse shall also provide assistance to an individual in obtaining Medicare. The bill requires state public departments to maximize prescription drug discounts within the programs administered by the departments through the utilization of the federal 340B drug pricing program in order to receive the maximum state budget savings.

Colorado SB 44
Intro Date: 1/11/06
Progress: Passed Senate Committee
Sponsor: Senator Bob Hagedorn (D)
Subject: Covered Entities - Eligibility/Access; State-Provided Drug Benefits
Summary:
SB 44 establishes the Colorado primary care program for the purpose of providing primary care services to specified low-income, uninsured adults who have a qualifying medical condition, including four prescription drug prescriptions per month. FQHCs shall provide primary care services for beneficiaries. The bill also establishes the Colorado Health Care Services Fund for the program.

Connecticut HB 5820
Intro Date: 3/15/06
Progress: Approved Effective:N/A PubAct: 06-196
Subject: Prescription Drug Pricing
Summary:
HB 5820 makes various technical changes concerning grammar, clarity, accuracy of internal references and consistency in the general statutes and the 2006 supplement to the general statutes. Technical corrections are made to sections addressing issues including insurance for physicians, hospitals, and advanced practice nurses. The Department of Social Services, in consultation with the Connecticut Pharmacists Association and the Connecticut Association of Community Pharmacies, shall review the impact of the implementation of average manufacturer price reimbursement methodology that shall take effect on January 1, 2007, as required under the federal Deficit Reduction Act of 2005. Such review shall include, but not be limited to, the financial impact of the required change in pharmacy reimbursement received under the Medicaid fee-for-service program and recommendations for potential changes in the dispensing fee, both for brand name drugs and generic drug products.

Connecticut SB 648
Intro Date: 3/9/06
Progress: Passed House Committee; Passed Senate Committee
Sponsor: Public Health Committee
Subject: 340B Program
Summary:
An act concerning low cost prescription drugs. Purpose: To provide grants to federally qualified health centers for operational costs associated with establishing or expanding affordable pharmaceutical drug programs. The Department of Social Services shall establish a grant program to provide assistance to federally qualified health centers that have established or expanded, or are in the process of establishing or expanding, a pharmaceutical drug program for low-income, elderly and disabled individuals and families, and recipients of state-administered general assistance. The grants shall be used for operational and administrative costs associated with establishing or expanding the drug program and for programmatic costs.

Connecticut SB 79
Session: 2006 (2/8/06 thru 5/3/06 In Session)
Intro Date: 2/14/06
Progress: N/A
Sponsor: Senator Toni Nathaniel Harp (D)
Subject: Covered Entities - Funding
Summary:
SB 79 provides that any hospital in the state with an affiliated physician group that refuses to treat Medicaid beneficiaries shall receive a corresponding reduction to such hospital's medical assistance disproportionate share payment.


Connecticut SB 265
Session: 2006 (2/8/06 thru 5/3/06 In Session)
Intro Date: 2/17/06
Progress: N/A
Sponsor: Senator Eric D. Coleman (D)
Subject: Covered Entities - Funding
Summary:
SB 265 provides funding for community health centers.

Delaware SB 297
Session: 143rd Delaware General Assembly - 2006 (1/10/06 thru 6/30/06 Adjourned)
Intro Date: 4/14/06
Progress: Approved Effective:7/6/2006 PubAct:75:363
Subject: Medicare Drug Bill; State-Provided Drug Benefits
Summary:
SB 297 increases the maximum annual benefit under the Prescription Drug Payment Assistance Program to assist eligible individuals in the purchase of prescription drugs and the payment of certain Medicare Part D costs from $2,500 to $3,000.

Florida HB 371 (SB 1310)
Intro Date: 3/7/06
Progress: Approved Effective:N/A PubAct:2006-310
Subject: State-Provided Drug Benefits
Summary:
HB 371, as amended on May 5, 2006, clarifies pedigree requirements for drug distribution. As amended on January 11, 2006, creates the Cancer Drug Donation Program Act. The bill provides conditions for donation and acceptance of cancer drugs and supplies into the program. It also requires a physician's office, pharmacy, hospital, hospice, or health care clinic that accepts donated drugs and supplies through the program to comply with certain state and federal laws. Liability protections for manufacturers donating products.

Florida HB 503
Session: 2006 (3/7/06 thru 5/5/06 Adjourned)
Intro Date: 3/7/06
Progress: Died/Killed
Subject: Covered Entities - Funding
Summary:
HB 503 provides for the reduction of the annual assessment imposed on revenues of hospitals' outpatient services. It also provides for the future repeal of these assessments.

Florida HB 865 (SB 2588)
Session: 2006 (3/7/06 thru 5/5/06 Adjourned)
Intro Date: 3/7/06
Progress: FAILED TO PASS Died/Killed
Subject: Covered Entities - Other
Summary:
HB 865, as amended on March 28, 2006, creates an exemption through a refund of previously paid sales taxes for the purchase and use of medical equipment and supplies by a health care facility providing primary care services to the uninsured and located in an enterprise zone. The bill provides the following: (1) A definition of "medical equipment", "medical supplies" and "health care facility"; (2) A limit on the property subject to refund of the first $500,000 of medical equipment and supplies purchased and used by a facility any taxable year; (3) Procedures for application for and approval of eligibility for tax exemption; (4) Rulemaking authority for the Department of Revenue (DOR); (5) Assessment of penalties and interest in the event DOR determines medical equipment or supplies for which a refund is sought has been used outside an enterprise zone; and, (6) Revision of Enterprise Zone Development Authority boards to allow appointment of a person who is employed in the health care field.

Florida HB 5001
Session: 2006 (3/7/06 thru 5/5/06 Adjourned)
Intro Date: 3/31/06
Progress: Passed House; Passed Senate
Subject: Covered Entities - Eligibility/Access; Medicare Drug Bill; State-Provided Drug Benefits
Summary:
HB 5001 provides for appropriations for annual period beginning July 1, 2006, and ending June 30, 2007, to pay salaries and other expenses, capital outlay, such as buildings and other improvements, and for other specified purposes of the various agencies of state government. The bill provides funds for the Florida School for the Deaf and the Blind to contract with the University of Florida for health, medical, pharmaceutical and dental screening services for students. The school shall develop a collaborative service agreement for medical services and shall maximize the recovery of all legally available funds from Medicaid and private insurance coverage. The legislation provides appropriations for the Florida KidCare program and services; disproportionate share hospital (DSH) payments; Medicare Part D payments; various other components of the Medicaid program reform initiatives; the preferred drug list for the state employee health plan. The measure authorizes and makes appropriations for the Agency for Health Care Administration (AHCA) to contract for assistance in obtaining grants as they relate to the advancement of electronic medical records in the state. The measure appropriates money for telemedicine initiatives and nursing education programs.

Florida HB 7215
Session: 2006 (3/7/06 thru 5/5/06 Adjourned)

Rural Health Care; revises purpose & functions of Office of Rural Health in DOH; revises provisions re governance & organization of rural health networks; establishes grant program for funding rural health networks; removes emergency care hospitals & essential access community hospitals from certain licensure requirements; establishes Office of Minority Health; provides legislative intent, etc. Amends FS. EFFECTIVE DATE: 07/01/2006.

Florida SB 2694
Session: 2006 (3/7/06 thru 5/5/06 Adjourned)
Intro Date: 3/29/06
Progress: FAILED TO PASS Died/Killed
Subject: Covered Entities - New Facilities/Programs; Medicare Drug Bill
Summary:
Appropriations; provides moneys for annual period beginning July 1, 2006, & ending June 30, 2007, to pay salaries, & other expenses, capital outlay - buildings, & other improvements, & for other specified purposes of various agencies of State government; funds for comprehensive health insurance and dental care services to children under the Healthy Kids program; development of a Federally Qualified Health Center Provider Service Network in Dade county...

Georgia HB 1507
Session: 2005-2006 Legislative Session - 2005-2006 (1/9/06 thru 3/8/06 In Session)
Intro Date: 3/1/06
Progress: N/A
Subject: Covered Entities - Other; Prescription Drug Pricing
Summary:
A BILL to be entitled an Act to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to prohibit prior authorization for a prescription drug which a drug manufacturer provides to a community pharmacy at the lowest price of a pricing structure; to provide for definitions; to provide for related powers and duties; to repeal conflicting laws; and for other purposes.

Hawaii SB 3003
Session: 23rd Legislature - 2005-2006 (1/18/06 thru 5/4/06 Adjourned)
Intro Date: 1/25/06
Progress: Approved Effective:7/1/2006 PubAct:264
Subject: Prescription Drug Pricing; State-Provided Drug Benefits
Summary:
SB 3003 extends income eligibility requirement to two hundred per cent of the federal poverty level. It requires the department to provide enrollees with counseling about prescription drug plans. The bill further repeals prescription drug rebate funding limitations.

Hawaii HB 1992
Session: 23rd Legislature - 2005-2006 (1/18/06 thru 5/4/06 In Session)
Intro Date: 1/20/06
Progress: Passed House Committee
Sponsor: Representative Joshua B. Green (D)
Subject: Covered Entities - Funding
Summary:
HB 1992 increases the cigarette tax by 2. 5 cents (per cigarette) to fund the maintenance and operation of federally qualified community health centers.


Hawaii HB 3133
Session: 23rd Legislature - 2005-2006 (1/18/06 thru 5/4/06 In Session)
Intro Date: 1/25/06
Progress: Passed House
Sponsor: Representative Dennis A. Arakaki (D)
Subject: Covered Entities - Funding
Summary:
HB 3133 creates the community health center capital improvements revolving fund. The bill also makes an unspecified appropriation for the fund.

Hawaii SB 3271
Session: 23rd Legislature - 2005-2006 (1/18/06 thru 5/4/06 In Session)
Intro Date: 1/25/06
Progress: Passed Senate Committee
Sponsor: Senator Rosalyn H. Baker (D)
Subject: Covered Entities - Funding
Summary:
SB 3271 creates the community health center capital improvements revolving fund to provide low interest loans for maintenance, repair, and construction of federally qualified community health centers. The revolving fund shall be administered by the director of human services.

Hawaii HB 2589
Session: 23rd Legislature - 2005-2006 (1/18/06 thru 5/4/06 Adjourned) Intro Date: 1/25/06
Progress: Passed House; Passed Senate Committee
Subject: Covered Entities - Other
Summary:
HB 2589 establishes conditional prescriptive certificates that authorizes qualified psychologists practicing at federally qualified health centers or health clinics located in a medically underserved area or a mental health professional shortage area to prescribe psychotropic medications.

Hawaii HB 3142
Session: 23rd Legislature - 2005-2006 (1/18/06 thru 5/4/06 Adjourned)
Intro Date: 1/25/06
Progress: Approved Effective:7/12/2006 PubAct:305
Subject: Covered Entities - Funding
Summary:
HB 3142 requires the distribution of a percentage of disproportionate share of hospital payments to the queen's medical center on an annual basis to ensure the availability of physicians on-call for trauma care. Effective for fiscal year 2006-2007 and each year thereafter, the department of human services shall distribute disproportionate share of hospital payments to The Queen's Medical Center to provide financial assistance to ensure the on-call availability of physicians for trauma care; provided that the amount of disproportionate share of hospital payments distributed shall be fifty per cent of the amount of funds provided to The Queen's Medical Center for fiscal year 2005-2006.

Hawaii SB 3270
Session: 23rd Legislature - 2005-2006 (1/18/06 thru 5/4/06 Adjourned)
Intro Date: 1/25/06
Progress: Approved Effective:7/1/2006 PubAct:297
Subject: Covered Entities - Funding
Summary:
SB 3270 provides for reimbursement to federally qualified health centers. The bill also appropriates funds to DOH for direct medical services for uninsured, removes the cap on QUEST enrollment, and appropriates funds to accommodate quest coverage.

Hawaii SCR 118
Session: 2006
Intro Date: 3/15/06
Progress: Approved Effective:N/A PubAct:N/A
Subject: Covered Entities - Funding
Summary:
Requesting the department of budget and finance to convene a task force to research avenues of appropriate financing for capital improvements for federally qualified health centers, including use of revolving loan funds.

Idaho HB 663
Intro Date: 2/13/06
Progress: Approved Effective:7/1/2006 PubAct:Chapter 305
Sponsor: Health and Welfare
Subject: State-Provided Drug Benefits
Summary:
HB 663 establishes personal health accounts for Medicaid participants. The bill further requires the Department of Health and Welfare to establish enforceable cost sharing that will assist Medicaid participants to use the health system efficiently.

Idaho HB 776
Intro Date: 3/7/06
Progress: Approved Effective:7/1/2006 PubAct:Chapter 278
Sponsor: STATE AFFAIRS
Subject: Covered Entities - Eligibility/Access
Summary:
MEDICAID SIMPLIFICATION ACT - Adds to existing law relating to the Medicaid Simplification Act to provide a short title; to state legislative intent; to provide definitions; to provide powers and duties of the Director of the Department of Health and Welfare; to provide for medical assistance payments by the Department of Health and Welfare to or on behalf of designated categories of eligible persons; to permit the Department of Health and Welfare to make payment for medically necessary services furnished by providers to designate categories of eligible participants; and to specify the services for which payment may be made.

Idaho HB 868
Session: 58th Legislature, Second Regular Session - 2006 (1/9/06 thru 4/11/06 Adjourned)
Intro Date: 4/3/06
Progress: Approved Effective:7/1/2006 PubAct:Chapter 458
Subject: Covered Entities - Funding
Summary:
HB 868 authorizes a transfer of funds; and appropriating an additional $650,000 to the Physical Health Services Program in the Department of Health and Welfare for a rural health care access grant to Terry Reilly Health Services for the development of a community health center in Caldwell, Idaho.

Illinois HB 4302
Intro Date: 1/4/06
Progress: Approved Effective:6/23/2006 PubAct: 94-0909
Subject: Medicare Drug Bill
Summary:
HB 4302, as amended on January 25, 2006, authorizes the Department of Public Health to provide prescription drug benefits counseling for persons with HIV or AIDS. The bill amends the Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act. In provisions concerning the Illinois Seniors and Disabled Drug Coverage Program, adds a 5th Eligibility Group, on and after January 1, 2007, consisting of beneficiaries who are otherwise described in Eligibility Group 1 but are eligible for Medicare Part D and have a diagnosis of HIV or AIDS. Provides that for individuals in Eligibility Group 5, once the Illinois Seniors and Disabled Drug Coverage Program and Medicare combined have paid $1,750 in a year for covered prescription drugs, the beneficiary shall pay 20% of the cost of each prescription in addition to other co-payments unless the drug is included in the formulary of the Illinois AIDS Drug Assistance Program operated by the Illinois Department of Public Health. Provides that if the drug is included in that formulary, individuals in Eligibility Group 5 shall continue to pay the co-payments after the Program and Medicare combined have paid $1,750 in a year for covered prescription drugs. Adds a definition of "covered prescription drug" for individuals in Eligibility Group 5.

Iowa HB 2305
Session: 81st Iowa General Assembly, Second Regular Session - 2006 (1/9/06 thru 4/18/06 In Session)
Intro Date: 2/8/06
Progress: N/A
Sponsor: Representative Mary Mascher (D)
Subject: Covered Entities - Eligibility/Access; State-Provided Drug Benefits
Summary:
HB 2305 replaces the existing interagency pharmaceuticals bulk purchasing council, which applied only to state and local governments, with a pharmaceuticals purchasing pool which applies to both state and local governmental entities and small businesses. The bill creates the pharmaceuticals purchasing pool within the Iowa department of public health to provide a conduit for governmental entities and small businesses to combine purchasing capacity relating to pharmaceuticals. The bill creates a pharmaceuticals purchasing pool council composed of directors of specified agencies and of any other agency that purchases pharmaceuticals, designated to be included as a member by the director of public health; including assessing disproportionate share hospital and federally qualified health care centers purchasing practices. The council also includes representatives from county, city, and business organizations. Among other things, the duties of the council are to develop procedures that member governmental entities and small businesses must follow in purchasing pharmaceuticals.

Kansas HB 2869
Session: 2005-2006 Kansas Legislature Part 2 - 2006 (1/10/05 thru ???)
Intro Date: 2/9/06
Progress: N/A
Sponsor: N/A
Subject: 340B Program; Covered Entities - Funding
Summary:
HB 2869 provides for appropriations for FY2007. Includes a provision reappropriating $750,000 for prescription support for community based primary care clinics. Expenditures will be used for: (1) Purchase of drug inventory under section 340B of the federal public health service act for community health center grantees and federally qualified health center look-alikes who qualify; (2) increasing access to prescription drugs by subsidizing a portion of the costs for the benefit of patients at 340B participating clinics on a sliding fee scale; and (3) expanding access to prescription medication assistance programs by making expenditures to support operating costs of assistance programs at not-for-profit or publicly-funded primary care clinics, including federally qualified community health centers and federally qualified community health center look-alikes as defined by 42 U.S.C. 330, that provide comprehensive primary health care services, offer sliding fee discounts based upon household income and serve any person regardless of ability to pay. Policies determining patient eligibility due to income or insurance status may be determined by each community but must be clearly documented and posted.

Kansas HB 2968
Session: 2005-2006 Kansas Legislature Part 2 - 2006 (1/9/06 thru 5/25/06 In Session)
Intro Date: 2/21/06
Progress: Approved-Vetoed Effective:N/A PubAct:N/A
Subject: 340B Program; State-Provided Drug Benefits
Summary:
HB 2968, as substituted on April 26, 2006, makes appropriations, including funding for the business health partnership, medical assistance, and other Kansas health policy authority purposes. It provides funding for the heath care stabilization fund.
HB 2968, as amended on March 16, 2006, requires state health care benefits programs for prescription drug coverage to allow participants to purchase a ninety-day supply of prescription drugs from local pharmacies at an equal or lesser cost than the cost to purchase a ninety-day supply of prescription drugs through the mail-order pharmacy program of the state health care benefits program. It changes appropriations made to the department of aging, and Medicaid.
HB 2968, as introduced, provides for appropriations for FY 2007 for drug benefits and medical assistance programs. It permits use of certain appropriated funds for the purchase of medical malpractice insurance.

Kansas SB 84
Session: 2005-2006 Kansas Legislature Part 2 - 2006 (1/10/05 thru ???, 2005 Carried Over to 2006)
Intro Date: 1/24/05
Progress: Passed House Committee; Passed Senate
Sponsor: Senator James A. Barnett (R)
Subject: 340B Program
Summary:
SB 84, as amended March 22 2005, appropriates funds to the Department of Health and Environment for prescription support for community based primary care clinics. Expenditures will be used for: (1) Purchase of drug inventory under section 340B of the federal public health service act for community health center grantees and federally qualified health center look-alikes who qualify; (2) increasing access to prescription drugs by subsidizing a portion of the costs for the benefit of patients at 340B participating clinics on a sliding fee scale; and (3) expanding access to prescription medication assistance programs by funding such programs at not-for-profit or publicly-funded primary care clinics, including federally qualified community health centers and federally qualified community health center look-alikes, that provide comprehensive primary health care services, offer sliding fee discounts based upon household income and serve any person regardless of ability to pay.

Kansas SB 573
Session: 2005-2006 Kansas Legislature Part 2 - 2006 (1/9/06 thru 5/25/06 In Session)
Intro Date: 2/20/06
Progress: FAILED TO PASS Died/Killed
Subject: 340B Program; State-Provided Drug Benefits
Summary:
SB 573, as amended on March 23, 2006, changing provisions making appropriations to the Generic drug program, medical assistance, children's health insurance program, Health insurance premium reserve fund, Preventive health care program fund, and Health care access improvement fund.

Kansas SB 84
Intro Date: 1/24/05
Progress: Passed House; Passed Senate
Sponsor: Senator James A. Barnett (R)
Subject: 340B Program
Summary:
SB 84, as amended March 22, appropriates funds to the Department of Health and Environment for prescription support for community based primary care clinics. Expenditures will be used for: (1) Purchase of drug inventory under section 340B of the federal public health service act for community health center grantees and federally qualified health center look-alikes who qualify; (2) increasing access to prescription drugs by subsidizing a portion of the costs for the benefit of patients at 340B participating clinics on a sliding fee scale; and (3) expanding access to prescription medication assistance programs by funding such programs at not-for-profit or publicly-funded primary care clinics, including federally qualified community health centers and federally qualified community health center look-alikes, that provide comprehensive primary health care services, offer sliding fee discounts based upon household income and serve any person regardless of ability to pay.

Kansas SB 270
Session: 2005-2006 Kansas Legislature Part 2 - 2006 (1/9/06 thru 5/25/06 In Session)
Intro Date: 2/17/05
Progress: Approved Effective:N/A PubAct:N/A
Subject: 340B Program; Covered Entities - Funding
Summary:
SB 270, as amended on March 24, 2005, the measure provided appropriations for state agencies and programs during FY2006 and FY2007. The measure included funding for various Medicaid programs and fraud and abuse prevention initiatives, including the long term care ombudsman; medical malpractice insurance premiums for practitioners at state universities; student health insurance premiums for state universities; and nursing student loan programs. The legislation specified that any unencumbered balance in the prescription support for community based primary care clinics account in excess of $100 as of June 30, 2006, is reappropriated for fiscal year 2007. The expenditures were to be made from the prescription support for community based primary care clinics account for: (1) Purchase of drug inventory under section 340B of the federal public health service act for community health center grantees and federally qualified health center look-alikes who qualify; (2) increasing access to prescription drugs by subsidizing a portion of the costs for the benefit of patients at 340B participating clinics on a sliding fee scale; and (3) expanding access to prescription medication assistance programs by making expenditures to support operating costs of assistance programs at not-for-profit or publicly funded primary care clinics, including federally qualified community health centers and federally qualified community health center look-alikes that provide comprehensive primary health care services, offer sliding fee discounts based upon household income and serve any person regardless of ability to pay.

Louisiana HB 1262
Intro Date: 4/18/06
Progress: Approved Effective:N/A PubAct:801
Subject: Prescription Drug Pricing
Summary:
HB 1262 provides with respect to reimbursement of prescription drugs; specifies that the Department of Health and Hospitals (DHH) may limit ingredient reimbursement under present law and further requires DHH to reimburse a reasonable dispensing fee for all drugs, not to be less than $15 per prescription.

Louisiana SB 19
Intro Date: 3/9/06
Progress: Approved Effective:8/15/2006 PubAct:643
Subject: State-Provided Drug Benefits
Summary:
SB 19 requires Medicaid providers to donate to charitable pharmacies or any entity approved for distribution and charitable pharmacies to accept unused portions of prescription drugs that are within the expiration date. Such prescription drugs shall be dispensed, in accordance with the determination of the pharmacist.

Louisiana SB 679
Intro Date: 4/18/06
Progress: Approved Effective:8/15/2006 PubAct:627
Subject: Payment for Pharmacy Services
Summary:
HEALTH CARE:Defines "pharmacy collaborative drug therapy management."

Louisiana HB 2
Session: 2006 (3/27/06 thru 6/19/06 In Session)
Intro Date: 4/4/06
Progress: Passed House Committee
Subject: Covered Entities - New Facilities/Programs
Summary:
HB 2 provides for the comprehensive capital outlay budget, including a new federally qualified health care center and funds for primary care services to the uninsured.

Maine LD 1928 (SP 728)
Session: 122nd Legislature, Second Session - 2006 (1/4/06 thru 4/19/06 In Session)
Intro Date: 1/4/06
Progress: Died/Killed
Sponsor: Senator Nancy B. Sullivan (D)
Subject: Covered Entities - Eligibility/Access; State-Provided Drug Benefits
Summary:
LD 1928 establishes an unused prescription drug program, under which unused prescription drugs are accepted and dispensed to low-income persons. According to the bill, to be eligible for the program a person must have a family income below 350% of the federal poverty level, may not be receiving MaineCare prescription drug benefits, must be a Maine resident and must have a valid prescription for the drug to be dispensed. The bill also stipulates that the program may accept unused prescription drugs from drug manufacturers, drug wholesale and terminal distributors, hospitals, health clinics, federally qualified health centers, Indian health centers and rural health centers and assisted living facilities licensed by the Department of Health and Human Services.

Maryland HB 1701
Session: 421st Session of the General Assembly - 2006 (1/11/06 thru 4/10/06 Adjourned)
Intro Date: 3/6/06
Progress: Approved Effective:N/A PubAct:503
Subject: 340B Program; Prescription Drug Pricing
Summary:
Maryland AIDS Drug Assistance Program - Rebates - Special Fund. Requiring the Department of Health and Mental Hygiene to distribute any rebates received by the Department from the Maryland AIDS Drug Assistance Program to a special fund to fund the Maryland AIDS Drug Assistance Program.

Maryland SB 110
Session: 421st Session of the General Assembly - 2006 (1/11/06 thru 4/10/06 Adjourned)
Intro Date: 1/18/06
Progress: Approved Effective:N/A PubAct:216
Subject: Covered Entities - Funding
Summary:
SB 110, as amended on March 17, 2006, makes the proposed appropriations contained in the State Budget for the fiscal year ending June 30, 2007, in accordance with Article III, Section 52 of the Maryland Constitution; AIDS drug assistance program funds; funding for the Maryland Health Insurance Plan and the Nurse Support Program II.

Massachusetts HB 5000
Session: The 184th General Court of the Commonwealth of Massachusetts - 2005-2006 (1/5/05 thru 7/31/06 Adjourned)
Intro Date: 6/30/06
Progress: Approved-Vetoed Effective:N/A PubAct:139
Subject: 340B Program; Covered Entities - Funding; Medicare Drug Bill; Prescription Drug Pricing; State-Provided Drug Benefits
Summary:
HB 5000 makes appropriations for the fiscal year 2007 for the maintenance of the departments; Medicaid program, fraud control unit; DSH payments, pharmacy assistance program; Medicare Part D coordination for pharmacy benefits; and state employee health and dental plans. It provides that not less than $60,000 shall be provided to Project Cope, Inc., in Lynn for the prevention and education of the problems associated with Oxycontin and heroine use; boards, medical malpractice tribunals; telemedicine project; chronic care and case management services for the elderly. It prohibits the department of public health from expending more than $1,900,000 from revenues received from pharmaceutical manufacturers participating in the section 340B rebate program administered by the federal health resources and services administration and office of drug pricing. It provides funding for commissions, institutions and certain activities of the Commonwealth; a federally-funded diabetes control program; for interest, sinking fund and serial bond requirements and for certain permanent improvements. It provides funds for the Massachusetts Nursing and Allied Health Workforce Development Initiative, to develop and support strategies that increase the number of Massachusetts public higher education faculty members and students who participate in programs that support careers in fields related to nursing and allied health.

Massachusetts HB 5057
Session: The 184th General Court of the Commonwealth of Massachusetts - 2005-2006 (1/5/05 thru 7/31/06 Adjourned)
Intro Date: 6/15/06
Progress: Approved-Vetoed Effective:N/A PubAct:123
Subject: State-Provided Drug Benefits
Summary:
HB 5057 makes supplemental appropriations for fiscal year 2006 for the purpose of funding one-time costs for certain capital spending, public investment, and bonded debt of the commonwealth. It indicates the Governor's disapproval for a special commission to study what economic incentive would be created by criteria intended to provide enhanced access to the commonwealth's MassHealth preferred drug list for in-state pharmaceutical companies. The special commission would consider the potential benefit to the commonwealth of offering such enhanced access to in-state affiliates of out-of-state pharmaceutical companies whether or not those affiliates manufacture drugs in the commonwealth. The commission would examine the current criteria that the office of Medicaid uses to determine access to the preferred drug list and shall determine whether the office has taken any action that unduly restricts access to drugs that are manufactured by in-state pharmaceutical companies.

Massachusetts HB 2615 (HD 121)
Session: The 184th General Court of the Commonwealth of Massachusetts - 2005-2006 (1/5/05 thru 7/31/06 In Session)
Intro Date: 1/26/05
Progress: Passed House Committee
Subject: Covered Entities - New Facilities/Programs
Summary:
HB 2615 establishes a two year pilot program to provide access to health care and social services within the Executive Office of Health and Human Services; eliminate informational, cultural, ethnic, and social barriers that keep people from using available health and social services; and help citizens act to improve the health and safety of communities. It requires the program to link families and individuals to various health care and social services available to the community. It makes an appropriation to support the program and requires reports.

Massachusetts HB 2692 (HD 2520)
Session: The 184th General Court of the Commonwealth of Massachusetts - 2005-2006 (1/5/05 thru 7/31/06 In Session)
Intro Date: 1/26/05
Progress: Passed House Committee
Subject: Covered Entities - Eligibility/Access
Summary:
HB 2692 increases access to community health centers. It provides that a community health center must be reimbursed by the division of medical assistance for the reasonable cost of its services; a community health center which provides MassHealth services through contracts with certain entities shall receive a supplemental payment from the division of medical assistance for any shortfall between the reasonable cost of its services and the amount it received through such managed care contracts; and certain entities with a managed care contract with the division of medical assistance shall be funded by the division of medical assistance under such contract at a level which will enable such an entity to pay for no less than the reasonable cost of services provided by the community health centers with which it contracts.

Massachusetts HB 2700 (HD 2613)
Session: The 184th General Court of the Commonwealth of Massachusetts - 2005-2006 (1/5/05 thru 7/31/06 In Session)
Intro Date: 1/26/05
Progress: N/A
Subject: 340B Program; Prescription Drug Pricing
Summary:
HB 2700 directs the Executive Office of Health and Human Services to require that all programs, clinics, hospitals and other health-related centers and entities that are eligible under Section 340B of the federal Public Health Service Act, must participate in the Section 340B federal prescription drug price discount program, with exceptions.
The measure authorizes an entity eligible to participate in the 340B prescription drug discount program to contract with a pharmacy to provide pharmacy services to that eligible entity including dispensing preferentially priced drugs. The legislation requires contracts between those eligible entities and pharmacies to comply with guidelines published by the Health Resources and Services Administration and to be available for inspection by board staff during normal business hours. The bill requires certain drug received by a pharmacy to be segregated from the pharmacy's other drug stock by either physical or electronic means. The measure requires all records of acquisition and disposition of these drugs to be readily retrievable in a form separate from the pharmacy's other records.
The legislation requires drugs obtained by a pharmacy to be dispenses to patients of an eligible entity that cannot be distributed because of a changes in circumstances for the eligible entity or the pharmacy to be returned to the distributor from which they were obtained. The bill provides that if an eligible entity can demonstrate to the satisfaction of the Executive Office of Health and Human Services that the prescription drug discount it receives other than through the Section 340B program results in greater savings to the state, the entity may be granted an exception to certain requirements.

Massachusetts HB 4479
Session: The 184th General Court of the Commonwealth of Massachusetts - 2005-2006 (1/5/05 thru 7/31/06 In Session)
Intro Date: 11/3/05
Progress: Approved-Vetoed Effective:N/A PubAct:58
Subject: Covered Entities - Funding
Summary:
HB 4479 expands access to health care for Massachusetts residents. It establishes a health care quality and cost council to make recommendations regarding health care quality improvement and cost-reduction goals. The bill creates in the division of insurance a health access bureau. It establishes the Commonwealth Care Fund. It requires the Insurance Commission to maintain a database of members of health benefit plans. It requires that certain licensed carriers and the office of Medicaid shall report on the first day of each month to the executive director the names of each resident of the commonwealth for whom creditable coverage, was provided during the previous month. The legislation requires as of January 1, 2007 that residents over age 18 maintain creditable coverage. It imposes tax penalties on individuals who fail to indicate on their tax return that they have creditable coverage. The bill provides that Medicaid hospital rate increases shall be made contingent upon hospital adherence to quality standards and achievement of performance measurement benchmarks, including the reduction of racial and ethnic disparities in the provision of health care. The bill establishes a health safety net office within the office of Medicaid, and requires the office to perform certain duties, including administering the Health Safety Net Trust Fund. It provides for reimbursements from the Fund to hospitals and community health centers for health services provided to uninsured individuals. It establishes the Commonwealth Care Health Insurance program for the purpose of reducing uninsurance. It sets eligibility requirements and payments for the program. The legislation requires certain employers in the Commonwealth pay a Commonwealth Care Contribution.

Massachusetts HB 4830
Session: The 184th General Court of the Commonwealth of Massachusetts - 2005-2006 (1/5/05 thru 7/31/06 In Session)
Intro Date: 4/4/06
Subject: 340B Program; Prescription Drug Pricing; State-Provided Drug Benefits
Summary:
HB 4830 authorizes the committee on Public Health to make an investigation and study of certain House documents concerning public health in the Commonwealth, including legislation requiring health care entities to participate in the federal prescription drug price discount program (340B program); efforts to establish a drug repository program in the commonwealth.

Massachusetts HB 4850
Session: The 184th General Court of the Commonwealth of Massachusetts - 2005-2006 (1/5/05 thru 7/31/06 In Session)
Intro Date: 4/3/06
Progress: Signed into law

Subject: Covered Entities - Eligibility/Access; Covered Entities - Funding; State-Provided Drug Benefits
Summary:
The bill makes several appropriations. The measure provides, for the purposes of paying community health centers for health services provided to uninsured individuals, that the office shall pay community health centers a base rate that shall be no less than the then-current Medicare Federally Qualified Health Center rate, and the office shall add payments for additional services not included in the base rate, including, but not limited to, EPSDT services, 340B pharmacy, urgent care, and emergency room diversion services; funds for a pediatric palliative care program

Michigan HB 5723
Session: 2005-2006 (1/12/05 thru ???)
Intro Date: 2/21/06
Progress: N/A
Sponsor: Representative Rich Brown (D)
Subject: Covered Entities - Funding; Prescription Drug Pricing; State-Provided Drug Benefits
Summary:
Appropriations; community health; department of community health; provide for fiscal year 2006-2007. Creates appropriation act.


Michigan SB 1083
Session: 2005-2006 (1/12/05 thru ???)
Intro Date: 2/28/06
Progress: N/A
Sponsor: Senator Deborah Cherry (D)
Subject: Covered Entities - Funding; Prescription Drug Pricing; State-Provided Drug Benefits
Summary:
Appropriations; community health; department of community health; provide for fiscal year 2006-2007. Creates appropriation act.

Minnesota SB 367 (HB 1010)
Intro Date: 1/19/05
Progress: Approved Effective:6/1/2006 PubAct:267
Subject: Prescription Drug Pricing; State-Provided Drug Benefits
Summary:
SB 367, as amended on May 20, 2006, provides that the commissioner of health may post the following information on agency Web sites, including minnesotahealthinfo.com: (1) healthy lifestyle and preventive health care information, organized by sex and age, with procedures and treatments categorized by level of effectiveness and reliability of the supporting evidence on effectiveness; (2) health plan company administrative efficiency report cards; (3) health care provider charges for common procedures; (4) evidence-based medicine guidelines and related information for use as resources by health care professionals, and summaries of the guidelines and related information for use by patients and consumers. The board shall encourage licensees to make available to patients information on free and discounted prescription drug programs offered by pharmaceutical manufacturers when the information is provided to the licensees at no cost. The measure provides that a pharmacist must provide to a patient, for each prescription dispensed where part or all of the cost of the prescription is being paid or reimbursed by an employer-sponsored plan or health plan company, or its contracted pharmacy benefit manager, the patient's co-payment amount and the pharmacy's own usual and customary price of the prescription or the amount the pharmacy will be paid for the prescription drug by the patient's employer-sponsored plan or health plan company, or its contracted pharmacy benefit manager. The bill establishes that the commissioner of human services, through the medical director and in consultation with the health services policy committee established, as part of the commissioner's ongoing duties, shall consider the potential for improving quality and obtaining cost savings through greater use of alternative and complementary treatment methods and clinical practice; shall incorporate these methods into the medical assistance, MinnesotaCare, and general assistance medical care programs; and shall make related legislative recommendations as appropriate. The commissioner shall post the recommendations required under this subdivision on agency Web sites. The commissioner of health may consult with infection control specialists, health care facility representatives, and consumers for the purpose of obtaining recommendations regarding a determination of the need for action to implement health care associated infection control reporting in hospitals and nursing homes. The commissioner shall conduct a study of uncompensated care. As introduced, the bill addressed school districts competitive high school diving pools use notice requirement expansion.

New Hampshire HB 1346 (LSR 2404)
Intro Date: 1/4/06
Progress: Approved Effective:N/A PubAct:0328
Subject: State-Provided Drug Benefits
Summary:
HB 1346, as amended on May 4, 2006, provides that records relative to prescription information containing patient-identifiable and prescriber-identifiable data shall not be licensed, transferred, used, or sold by any pharmacy benefits manager, insurance company, electronic transmission intermediary, retail, mail order, or Internet pharmacy or other similar entity, for any commercial purpose, except for the limited purposes of pharmacy reimbursement; formulary compliance; care management; utilization review by a health care provider, the patient's insurance provider or the agent of either; health care research; or as otherwise provided by law. Commercial purpose includes, but is not limited to, advertising, marketing, promotion, or any activity that could be used to influence sales or market share of a pharmaceutical product, influence or evaluate the prescribing behavior of an individual health care professional, or evaluate the effectiveness of a professional pharmaceutical detailing sales force. Nothing shall prohibit the dispensing of prescription medications to a patient or to the patient's authorized representative; the transmission of prescription information between an authorized prescriber and a licensed pharmacy; the transfer of prescription information between licensed pharmacies; the transfer of prescription records that may occur in the event a pharmacy ownership is changed or transferred; care management educational communications provided to a patient about the patient's health condition, adherence to a prescribed course of therapy or other information about the drug being dispensed, treatment options, or clinical trials. Nothing shall prohibit the collection, use, transfer or sale of patient and prescriber de-identified data by zip code, geographic region or medical specialty for commercial purposes. In addition to other appropriate remedies under this chapter, a violation of this section is an unfair or deceptive act or practice.

New Jersey SB 1462 (AB 262)
Session: 2006-2007 (1/10/06 thru 1/8/08 In Session)
Intro Date: 2/27/06
Progress: N/A
Sponsor: Senator Joseph F. Vitale (D)
Subject: Covered Entities - New Facilities/Programs
Summary:
"Community Health Service Pilot Initiative Act.". This bill establishes the Community Health Service Pilot Initiative in the Department of Health and Senior Services. The purpose of the initiative is to provide health care services, as described in the bill, through a pilot community health service site to be established pursuant to the bill. Specifically, the bill provides as follows: --The Commissioner of Health and Senior Services is required to contract with a general hospital, or an entity affiliated with a general hospital, to establish and operate the pilot community health service site on a 24-Hour-A-Day basis in a community in which a federally-Funded community health center or community health center service site is not currently located. --The pilot community health service site will be designed to meet the health care needs of persons who are uninsured or underinsured, or are covered by Medicaid or Medicare, in a culturally competent manner. The Community Health Service Pilot Initiative may charge patients for services, subject to applicable federal limitations and according to a sliding income scale prescribed by the commissioner. --The health care services provided at the service site are to include, but not be limited to: comprehensive primary and preventive care, disease screening and control, emergency medical, diagnostic laboratory and radiological, preventive dental, podiatric, optometric and ophthalmic, pharmaceutical, HIV/AIDS, mental health, family planning, substance abuse, health education and confidential testing services, as well as case management of specialty and inpatient services, referrals to other providers of health and social services and transportation, outreach and translation services as necessary. --The commissioner is directed to utilize and coordinate the skills of retired health care professionals, who volunteer to provide health care services without charge at the pilot community health service site, in accordance with standards and procedures set forth pursuant to the bill... (Please see bill detail)


New Mexico HB 576
Session: 2006 (1/17/06 thru 2/16/06 Adjourned)
Intro Date: 1/26/06
Progress: Died/Killed
Sponsor: Representative Candy Spence Ezzell (R)
Subject: Covered Entities - Funding; State-Provided Drug Benefits
Summary:
HB 576 provides for appropriations to provide pharmacy services to low income individuals in Chaves County.

New Mexico HB 515
Intro Date: 1/25/06
Progress: Approved Effective:N/A PubAct:26
Sponsor: Representative Ben Lujan (D)
Subject: Medicare Drug Bill
Summary:
HB 515 changes the name of the Senior Prescription Drug Program to the Discount Prescription Drug Program and eliminates the age requirement for participation in the program.

North Carolina HB 1269 (SB 669)
Session: 2005-2006 (1/26/05 thru ???)
Intro Date: 4/19/05
Progress: Passed House
Subject: Covered Entities - Eligibility/Access; State-Provided Drug Benefits
Summary:
HB 1269, as amended on August 30, 2005, provides for the Studies Act of 2005, including advanced practice nurses and licensing issues; no-fault compensation for injuries in nursing facilities; a commission to study patient safety issues. The measure provides for the joint health care oversight committee to study bulk purchasing for prescription drugs by various state programs, the need for community health centers and criteria for federally qualified health care centers; and various criteria for Medicaid programs' participation; regulation of pharmacy benefits manager entities.

North Carolina SB 1407
Session: 2005-2006 (1/26/05 thru ???)
Intro Date: 5/16/06
Progress: N/A
Subject: Covered Entities - Funding
Summary:
Funds for Community Health Centers. An act to appropriate funds to the department of health and human services, office of research, demonstrations, and rural health development, for a grant program to assist in the provision of primary and preventive medical services to uninsured or medically indigent patients.

Oklahoma SB 90
Session: 2006 Spec Session 2
Intro Date: 5/25/06
Progress: Approved Effective:N/A PubAct:N/A
Subject: State-Provided Drug Benefits
Summary:
SB 90, as amended on June 23, 2006, provides for public finance, including funding for Oklahoma diabetes center, and health care services in Tulsa by the University of Oklahoma, including a low-cost pharmacy; amending Section 1, Chapter 446, O.S.L. 2005 (62 O.S. Supp. 2005, Section 46.1), as amended by Section 5 of Enrolled Senate Bill No. 1288 of the 2nd Session of the 50th Oklahoma Legislature, which relates to transfer of surplus funds; providing for transfer of certain amounts; providing for certain contingencies; specifying purposes; creating the Comprehensive University Capital Projects Revolving Fund; providing for deposits thereto and expenditures therefrom; specifying purposes of expenditures; providing procedures; providing for noncodification; and declaring an emergency.

Oklahoma SB 1518
Session: 50th Legislature, Second Session - 2006 (2/6/06 thru 5/26/06 In Session)
Intro Date: 2/6/06
Progress: N/A
Sponsor: Senator Tom Adelson (D)
Subject: Covered Entities - Eligibility/Access
Summary:
Public health; relating to Federally Qualified Health Centers; clarifying statutory citation. Effective date. An Act relating to public health and safety; amending Section 1, Chapter 41, O.S.L. 2005 (63 O.S. Supp. 2005, Section 1-713.1), which relates to Federally Qualified Health Centers; updating statutory cite; and providing an effective date.


Pennsylvania HB 1705
Session: 2005-2006 (1/4/05 thru 11/30/06 In Session)
Intro Date: 6/20/05
Progress: Passed House Committee
Subject: 340B Program; State-Provided Drug Benefits
Summary:
HB 1705 provides that a health care insurer which issues a health insurance policy or contract or offers a managed care plan shall provide benefits and health care services for inpatient care, outpatient care and the home treatment of bleeding disorders. The bill stipulates that every provider shall supply blood clotting products as prescribed by the covered person's treating physician and not make any substitutions of blood clotting products without the prior approval of the treating physician. If a health care insurer has a drug formulary, all FDA-approved blood clotting products shall be included in the formulary. A health care insurer shall provide to a covered person a choice of at least three full-service home care providers. The measure also defines that an outpatient pharmacy licensed by the Commonwealth to dispense blood clotting products and which is conditionally or fully designated as a covered entity under the 340B program.

Rhode Island HJR 7766
Session: 2006 (1/3/06 thru ???)

Intro Date: 2/28/06
Progress: N/A
Subject: Covered Entities - Funding
Summary:
HJR 7766 makes an appropriation of $100,000 to the providence community health centers.

Rhode Island SB 2757
Session: 2006 (1/3/06 thru 6/24/06 Adjourned)
Intro Date: 2/14/06
Progress: Approved Effective:N/A PubAct:N/A
Subject: State-Provided Drug Benefits
Summary:
SB 2757 establishes an office of coordinated health planning and a state health planning council.

South Carolina HB 3711
Intro Date: 3/8/05
Progress: Approved Effective:N/A PubAct:377
Subject: State-Provided Drug Benefits
Summary:
HB 3711, as amended on April 25, 2006, expressly states that the bill provisions do not apply to a pharmaceutical manufacturers' product assistance programs or pharmacies providing prescription discounts. The bill provides for the regulation of prescription drug discount cards, enacting the prescription drug discount card registration act. The bill establishes registration requirements with the Department of Consumer Affairs of persons and representatives engaged in the sale, marketing, promotion, advertisement, or distribution of prescription drug discount cards or other purchasing devices. The measure provides specified exemptions from regulation under the act; remedies for violations of the act, in addition to, and cumulative of, other penalties under the South Carolina unfair trade practices act. The bill provides for the authority of the department of consumer affairs to promulgate regulations to effectuate the purposes of the act.

Tennessee HJR 959
Intro Date: 3/23/06
Progress: Approved Effective:N/A PubAct:N/A
Subject: 340B Program
Summary:
HJR 959 urges the United States Congress to reauthorize the Ryan White CARE Act.

Tennessee SB 3423 (HB 3206)
Intro Date: 2/16/06
Progress: Approved Effective:6/20/2006 PubAct:915
Subject: Prescription Drug Pricing; State-Provided Drug Benefits
Summary:
SB 3423 enacts the "TennCare Pharmacy Cost to Dispense Act of 2006." It requires the TennCare Bureau to procure an annual study that would assess the cost of dispensing a prescription to a TennCare enrollee in a retail or community pharmacy setting. The study would be performed by one of the accredited colleges or universities of pharmacy in the state and would be conducted in a manner that accurately reflects pharmacy practice in the TennCare preferred drug list environment.

Tennessee HB 3773 (SB 3061)
Session: 104th General Assembly, Second Session - 2006 (1/10/06 thru ???)
Intro Date: 2/23/06
Progress: Passed House Committee
Subject: Covered Entities - Funding; Covered Entities - New Facilities/Programs
Summary:
HB 3773 establishes a program in the department of health to disseminate funding to develop telemedicine as a means of delivering specialty care to TennCare recipients and the uninsured at FQHCs in conjunction with the University of Tennessee Memphis Health Center.

Tennessee SB 3061 (HB 3773)
Session: 104th General Assembly, Second Session - 2006 (1/10/06 thru ???)
Intro Date: 2/16/06
Progress: N/A
Sponsor: Senator James F. Kyle (D)
Subject: Covered Entities - Eligibility/Access
Summary:
SB 3061 establishes a program in the Department of Health to disseminate funding to develop telemedicine as a means of delivering specialty care to TennCare recipients and the uninsured at FQHCs in conjunction with the University of Tennessee Memphis Health Science Center.

Tennessee SB 3660 (HB 3560)
Intro Date: 2/23/06
Progress: Approved Effective:7/1/2006 PubAct:919
Subject: State-Provided Drug Benefits
Summary:
SB 3660 establishes a prescription drug redispensing program, as a pilot program, whereby nursing homes or hospice programs may transfer unused prescription medications, other than controlled substances, to charitable clinic pharmacies to redispense to indigent state residents. The board of pharmacy, in cooperation with the department of human services, will develop and implement the pilot program. No charitable clinic dispensations would be eligible for Medicaid reimbursement. It limits criminal and civil liability for and professional disciplinary action against participants.

Tennessee HB 3383 (SB 3362)
Intro Date: 2/22/06
Progress: Passed House Committee
Sponsor: Representative David A. Shepard (D)
Subject: Covered Entities - Other
Summary:
HB 3383 requires the Department of Health to enter into a memorandum of understanding with certain interested parties concerning Tennessee's annual health professionals shortage area designation process. The bill requires the commissioner to report to the general assembly on data related to access and safety-net adequacy.

Tennessee HB 3773 (SB 3061)
Intro Date: 2/23/06
Progress: N/A
Subject: Covered Entities - Funding; Covered Entities - New Facilities/Programs
Summary:
HB 3773 establishes a program in the department of health to disseminate funding to develop telemedicine as a means of delivering specialty care to TennCare recipients and the uninsured at FQHCs in conjunction with the University of Tennessee Memphis Health Center.

Tennessee SB 3362 (HB 3383)
Session: 104th General Assembly, Second Session - 2006 (1/10/06 thru ???)
Intro Date: 2/16/06
Progress: Approved Effective:5/1/2006 PubAct:571
Subject: Covered Entities - Other
Summary:
SB 3362 requires the Department of Health to enter into a memorandum of understanding with certain interested parties concerning Tennessee 's annual health professionals shortage area designation process. The bill requires the commissioner to report to the general assembly on data related to access and safety-net adequacy.

Utah HB 193
Session: 58th Legislature - 2006 (1/16/06 thru 3/1/06 Adjourned)
Intro Date: 1/27/06
Progress: Passed House; Passed Senate
Sponsor: Representative John G. Mathis (R)
Subject: Covered Entities - Funding
Summary:
HB 193 expands the purpose for which a county may expend revenues generated by a county option sales and use tax for rural health care facilities to include emergency medical services, federally qualified health centers, freestanding urgent care centers, or rural health clinics.

Utah HB 193
Intro Date: 1/27/06
Progress: Approved Effective:N/A PubAct:N/A
Sponsor: Representative John G. Mathis (R)
Subject: Covered Entities - Funding
Summary:
HB 193 expands the purpose for which a county may expend revenues generated by a county option sales and use tax for rural health care facilities to include emergency medical services, federally qualified health centers, freestanding urgent care centers, or rural health clinics.

Utah HB 105
Intro Date: 1/16/06
Progress: Approved Effective:N/A PubAct:N/A
Sponsor: Representative Mark W. Walker (R)
Subject: Prescription Drug Pricing; State-Provided Drug Benefits
Summary:
HB 105, as amended on January 27, 2006, provides that the Department of Health pharmacists may override the generic mandate provisions if a financial benefit will accrue to the state. As introduced, the bill provides that the state's Medicaid program may reimburse for nongeneric drugs when the brand name drug is cheaper to the state than the generic form of the drug.

West Virginia HB 4021 (SB 164)
Session: 77th Legislature, Second Session - 2006 (1/11/06 thru 3/11/06 In Session)
Intro Date: 1/16/06
Progress: Passed House; Passed Senate
Sponsor: Delegate Robert S. Kiss (D)
Subject: Covered Entities - Other
Summary:
HB 4021, as amended on January 20, 2006, provides that On or before July 1, 2006, the finance board shall conduct an actuarial analysis in order to evaluate the benefit of replacing health care coverage currently offered by the Public Employee Insurance agency for retirees eligible for a Medicare Advantage plan with equal to or greater benefits. The measure establishes a Commission on Health Care Reform, appointees and objectives. The Health Care Authority shall, in consultation with the Insurance Commissioner, develop and implement during the fiscal year beginning July 1, 2006, a pilot program that permits no more than eight providers to market and sell prepaid memberships entitling subscribers to obtain preventive and primary health care from the participating providers. Participating providers shall not be allowed to offer their qualifying services at more than three separate sites. The pilot program will be three years in length unless otherwise determined by legislative action. The measure includes opportunities for funding of chronic care conditions. In order to ensure all West Virginia residents have access to key health services and all contribute to the financial sustainability of West Virginia 's health care system, the measure establishes the Appalachian State Health Plan to provide uninsured West Virginia residents a defined benefit package of primary and preventive care. (Please see bill for detail.)