Bill Status of HB 3957   103rd General Assembly

Short Description:  GENERIC DRUG PRICING FAIRNESS

House Sponsors
Rep. Nabeela Syed-Emanuel "Chris" Welch-Will Guzzardi-Carol Ammons-Natalie A. Manley, Harry Benton, Barbara Hernandez, Gregg Johnson, Dave Vella, Kevin John Olickal, Robert "Bob" Rita, Dagmara Avelar, Abdelnasser Rashid, Sharon Chung, Laura Faver Dias, Joyce Mason, Rita Mayfield, Michelle Mussman, Suzanne M. Ness, Mark L. Walker, Maurice A. West, II, Matt Hanson, Justin Slaughter, Sonya M. Harper, Maura Hirschauer, Ann M. Williams, Stephanie A. Kifowit, Daniel Didech, Lilian Jiménez, La Shawn K. Ford, Jaime M. Andrade, Jr., Anne Stava-Murray, Sue Scherer, Anna Moeller, Jonathan Carroll, Kelly M. Burke, Jenn Ladisch Douglass, Kam Buckner, Lindsey LaPointe, Theresa Mah, Edgar Gonzalez, Jr., Norma Hernandez, Kelly M. Cassidy, Martin J. Moylan, William "Will" Davis, Mary E. Flowers, Aaron M. Ortiz, Janet Yang Rohr, Mary Beth Canty, Bob Morgan, Hoan Huynh, Terra Costa Howard, Camille Y. Lilly, Lakesia Collins and Debbie Meyers-Martin

Senate Sponsors
(Sen. David Koehler, Mattie Hunter-Rachel Ventura, Steve Stadelman, Michael W. Halpin, Mike Simmons, Cristina Castro, Kimberly A. Lightford, Mike Porfirio-Doris Turner, Paul Faraci, Emil Jones, III-Sue Rezin-Adriane Johnson, Mary Edly-Allen, Laura M. Murphy, Javier L. Cervantes, Napoleon Harris, III, Celina Villanueva, Suzy Glowiak Hilton, Meg Loughran Cappel and Willie Preston)


Last Action  View All Actions

DateChamber Action
  7/28/2023HousePublic Act . . . . . . . . . 103-0367

Statutes Amended In Order of Appearance
New Act

Synopsis As Introduced
Creates the Pharmaceutical and Health Affordability: Restrictions on Manufacturers' Amoral Behavior through Reasonable Oversight Act. Provides that a manufacturer or wholesale drug distributor shall not engage in price gouging in the sale of an essential off-patent or generic drug. Provides that the Director of Healthcare and Family Services or Director of Central Management Services may notify the Attorney General of any increase in the price of any essential off-patent or generic drug under the State’s Medical Assistance Program or a State health plan, respectively, that amounts to price gouging. Provides that whenever the Attorney General has reason to believe that a manufacturer or wholesale drug distributor of an essential off-patent or generic drug has violated the Act, the Attorney General shall send a notice to the manufacturer or wholesale drug distributor requesting a specified statement. Provides that within 45 days after receipt of the request, the manufacturer or wholesale drug distributor shall submit the statement to the Attorney General. Provides that to accomplish the objectives and carry out the duties prescribed in the Act, the Attorney General may issue subpoenas or examine under oath any person to determine whether a manufacturer or wholesale drug distributor has violated the Act. Provides that upon petition of the Attorney General, a circuit court may issue specified orders against violations of the Act. Contains provisions concerning the disclosure of financial information provided by a manufacturer or wholesale drug distributor to the Attorney General. Effective January 1, 2024.

House Floor Amendment No. 1
Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Sets forth legislative findings. Provides that the Director of Healthcare and Family Services or Director of Central Management Services shall (rather than may) notify the Attorney General of any increase in the price of any essential off-patent or generic drug under the State’s Medical Assistance Program or a State health plan, respectively, that amounts to price gouging. Provides that a notice sent by the Attorney General to the manufacturer or wholesale drug distributor of an essential off-patent or generic drug shall serve as a litigation hold regarding documents and communications about that drug. Provides that upon petition of the Attorney General, a circuit court may issue an order imposing a civil penalty of up to $10,000 per day (rather than only $10,000) for each violation of the Act or providing for the Attorney General's recovery of costs and disbursements incurred in bringing an action against a manufacturer found to be in violation of the Act. Makes other changes. Effective January 1, 2024.

House Floor Amendment No. 2
Makes a change in the definition of "price gouging".

Senate Committee Amendment No. 1
Provides that if the Attorney General has reason to believe that a manufacturer or wholesale drug distributor of an essential off-patent or generic drug has violated the provisions, then the Attorney General may (rather than shall) send a notice to the manufacturer or the wholesale drug distributor requesting a statement. Removes language providing that the Director of Central Management Services shall notify the Attorney General of any increase in the price of any essential off-patent or generic drug under the State health plan that amounts to price gouging.

Actions 
DateChamber Action
  2/17/2023HouseFiled with the Clerk by Rep. Nabeela Syed
  2/17/2023HouseFirst Reading
  2/17/2023HouseReferred to Rules Committee
  2/28/2023HouseAssigned to Prescription Drug Affordability & Accessibility Committee
  3/7/2023HouseAdded Co-Sponsor Rep. Harry Benton
  3/8/2023HouseAdded Co-Sponsor Rep. Barbara Hernandez
  3/8/2023HouseAdded Co-Sponsor Rep. Gregg Johnson
  3/8/2023HouseAdded Co-Sponsor Rep. Dave Vella
  3/8/2023HouseAdded Co-Sponsor Rep. Kevin John Olickal
  3/8/2023HouseAdded Co-Sponsor Rep. Robert "Bob" Rita
  3/8/2023HouseAdded Co-Sponsor Rep. Dagmara Avelar
  3/8/2023HouseAdded Co-Sponsor Rep. Abdelnasser Rashid
  3/8/2023HouseAdded Chief Co-Sponsor Rep. Will Guzzardi
  3/8/2023HouseAdded Chief Co-Sponsor Rep. Natalie A. Manley
  3/8/2023HouseChief Co-Sponsor Changed to Rep. Natalie A. Manley
  3/8/2023HouseChief Co-Sponsor Changed to Rep. Will Guzzardi
  3/8/2023HouseDo Pass / Short Debate Prescription Drug Affordability & Accessibility Committee; 009-004-000
  3/9/2023HousePlaced on Calendar 2nd Reading - Short Debate
  3/14/2023HouseAdded Co-Sponsor Rep. Sharon Chung
  3/15/2023HouseAdded Co-Sponsor Rep. Laura Faver Dias
  3/15/2023HouseAdded Co-Sponsor Rep. Joyce Mason
  3/15/2023HouseAdded Co-Sponsor Rep. Rita Mayfield
  3/15/2023HouseAdded Co-Sponsor Rep. Michelle Mussman
  3/15/2023HouseAdded Co-Sponsor Rep. Suzanne M. Ness
  3/15/2023HouseAdded Co-Sponsor Rep. Mark L. Walker
  3/15/2023HouseAdded Co-Sponsor Rep. Maurice A. West, II
  3/15/2023HouseAdded Co-Sponsor Rep. Carol Ammons
  3/15/2023HouseAdded Co-Sponsor Rep. Matt Hanson
  3/15/2023HouseAdded Co-Sponsor Rep. Justin Slaughter
  3/15/2023HouseAdded Co-Sponsor Rep. Sonya M. Harper
  3/15/2023HouseAdded Co-Sponsor Rep. Maura Hirschauer
  3/15/2023HouseAdded Co-Sponsor Rep. Ann M. Williams
  3/15/2023HouseAdded Co-Sponsor Rep. Stephanie A. Kifowit
  3/15/2023HouseAdded Co-Sponsor Rep. Daniel Didech
  3/15/2023HouseAdded Co-Sponsor Rep. Lilian Jiménez
  3/15/2023HouseAdded Co-Sponsor Rep. La Shawn K. Ford
  3/15/2023HouseAdded Co-Sponsor Rep. Jaime M. Andrade, Jr.
  3/15/2023HouseAdded Co-Sponsor Rep. Anne Stava-Murray
  3/15/2023HouseAdded Co-Sponsor Rep. Sue Scherer
  3/15/2023HouseAdded Co-Sponsor Rep. Anna Moeller
  3/15/2023HouseAdded Co-Sponsor Rep. Jonathan Carroll
  3/15/2023HouseAdded Co-Sponsor Rep. Kelly M. Burke
  3/15/2023HouseAdded Co-Sponsor Rep. Jenn Ladisch Douglass
  3/15/2023HouseAdded Co-Sponsor Rep. Kam Buckner
  3/15/2023HouseRemoved Co-Sponsor Rep. Carol Ammons
  3/16/2023HouseAdded Co-Sponsor Rep. Lindsey LaPointe
  3/16/2023HouseAdded Chief Co-Sponsor Rep. Carol Ammons
  3/16/2023HouseChief Co-Sponsor Changed to Rep. Carol Ammons
  3/16/2023HouseAdded Co-Sponsor Rep. Theresa Mah
  3/16/2023HouseAdded Co-Sponsor Rep. Edgar Gonzalez, Jr.
  3/16/2023HouseAdded Co-Sponsor Rep. Norma Hernandez
  3/16/2023HouseAdded Co-Sponsor Rep. Kelly M. Cassidy
  3/16/2023HouseAdded Co-Sponsor Rep. Martin J. Moylan
  3/16/2023HouseAdded Co-Sponsor Rep. William "Will" Davis
  3/16/2023HouseAdded Co-Sponsor Rep. Mary E. Flowers
  3/16/2023HouseAdded Co-Sponsor Rep. Aaron M. Ortiz
  3/20/2023HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Nabeela Syed
  3/20/2023HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  3/21/2023HouseAdded Co-Sponsor Rep. Emanuel "Chris" Welch
  3/21/2023HouseHouse Floor Amendment No. 1 Rules Refers to Prescription Drug Affordability & Accessibility Committee
  3/21/2023HouseRemoved Co-Sponsor Rep. Emanuel "Chris" Welch
  3/22/2023HouseAdded Chief Co-Sponsor Rep. Emanuel "Chris" Welch
  3/22/2023HouseAdded Co-Sponsor Rep. Janet Yang Rohr
  3/22/2023HouseAdded Co-Sponsor Rep. Mary Beth Canty
  3/22/2023HouseAdded Co-Sponsor Rep. Bob Morgan
  3/22/2023HouseAdded Co-Sponsor Rep. Hoan Huynh
  3/22/2023HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Nabeela Syed
  3/22/2023HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  3/22/2023HouseSecond Reading - Short Debate
  3/22/2023HouseHeld on Calendar Order of Second Reading - Short Debate
  3/23/2023HouseHouse Floor Amendment No. 1 Recommends Be Adopted Prescription Drug Affordability & Accessibility Committee; 010-003-000
  3/23/2023HouseHouse Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000
  3/24/2023HouseHouse Floor Amendment No. 1 Adopted
  3/24/2023HouseHouse Floor Amendment No. 2 Adopted
  3/24/2023HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/24/2023HousePlaced on Calendar - Consideration Postponed
  3/27/2023HouseRule 19(a) / Re-referred to Rules Committee
  4/18/2023HouseThird Reading Deadline Extended-Rule May 19, 2023
  4/18/2023HouseApproved for Consideration Rules Committee; 005-000-000
  4/18/2023HousePlaced on Calendar - Consideration Postponed
  4/18/2023HouseAdded Co-Sponsor Rep. Terra Costa Howard
  4/18/2023HouseAdded Co-Sponsor Rep. Camille Y. Lilly
  4/18/2023HouseAdded Co-Sponsor Rep. Lakesia Collins
  5/3/2023HouseThird Reading - Short Debate - Passed 084-025-000
  5/3/2023HouseMotion Filed to Reconsider Vote Rep. Will Guzzardi
  5/3/2023HouseMotion to Reconsider Vote - Withdrawn Rep. Will Guzzardi
  5/4/2023SenateArrive in Senate
  5/4/2023SenatePlaced on Calendar Order of First Reading
  5/4/2023SenateChief Senate Sponsor Sen. David Koehler
  5/4/2023SenateFirst Reading
  5/4/2023SenateReferred to Assignments
  5/4/2023SenateAdded as Alternate Co-Sponsor Sen. Mattie Hunter
  5/4/2023SenateAdded as Alternate Chief Co-Sponsor Sen. Rachel Ventura
  5/4/2023SenateAdded as Alternate Co-Sponsor Sen. Steve Stadelman
  5/4/2023SenateAdded as Alternate Co-Sponsor Sen. Michael W. Halpin
  5/4/2023SenateAdded as Alternate Co-Sponsor Sen. Mike Simmons
  5/4/2023SenateAdded as Alternate Co-Sponsor Sen. Cristina Castro
  5/4/2023SenateAdded as Alternate Co-Sponsor Sen. Kimberly A. Lightford
  5/8/2023SenateAdded as Alternate Co-Sponsor Sen. Mike Porfirio
  5/8/2023SenateAdded as Alternate Chief Co-Sponsor Sen. Doris Turner
  5/8/2023SenateAdded as Alternate Co-Sponsor Sen. Paul Faraci
  5/9/2023SenateAssigned to Health and Human Services
  5/9/2023SenateRule 2-10 Committee Deadline Established As May 19, 2023
  5/9/2023SenateAdded as Alternate Co-Sponsor Sen. Emil Jones, III
  5/9/2023SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. David Koehler
  5/9/2023SenateSenate Committee Amendment No. 1 Referred to Assignments
  5/10/2023SenateSenate Committee Amendment No. 1 Assignments Refers to Health and Human Services
  5/10/2023SenateAdded as Alternate Chief Co-Sponsor Sen. Sue Rezin
  5/10/2023SenateAdded as Alternate Chief Co-Sponsor Sen. Adriane Johnson
  5/11/2023SenateRule 2-10 Third Reading Deadline Established As May 25, 2023
  5/11/2023SenateRule 2-10 Committee Deadline Established As May 21, 2023
  5/12/2023SenateRule 2-10 Third Reading Deadline Established As May 19, 2023
  5/12/2023SenateAdded as Alternate Co-Sponsor Sen. Mary Edly-Allen
  5/15/2023SenateAdded as Alternate Co-Sponsor Sen. Laura M. Murphy
  5/16/2023SenateAdded as Alternate Co-Sponsor Sen. Javier L. Cervantes
  5/16/2023SenateSenate Committee Amendment No. 1 Adopted; Health and Human Services
  5/16/2023SenateDo Pass as Amended Health and Human Services; 008-003-000
  5/16/2023SenatePlaced on Calendar Order of 2nd Reading
  5/16/2023SenateSecond Reading
  5/16/2023SenatePlaced on Calendar Order of 3rd Reading May 17, 2023
  5/17/2023SenateThird Reading - Passed; 052-002-000
  5/17/2023HouseArrived in House
  5/17/2023HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  5/17/2023SenateAdded as Alternate Co-Sponsor Sen. Napoleon Harris, III
  5/17/2023HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Nabeela Syed
  5/17/2023HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/17/2023SenateAdded as Alternate Co-Sponsor Sen. Celina Villanueva
  5/17/2023SenateAdded as Alternate Co-Sponsor Sen. Suzy Glowiak Hilton
  5/18/2023SenateAdded as Alternate Co-Sponsor Sen. Meg Loughran Cappel
  5/18/2023SenateAdded as Alternate Co-Sponsor Sen. Willie Preston
  5/18/2023HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Rules Committee; 005-000-000
  5/19/2023HouseSenate Committee Amendment No. 1 House Concurs 088-023-000
  5/19/2023HouseHouse Concurs
  5/19/2023HousePassed Both Houses
  5/19/2023HouseAdded Co-Sponsor Rep. Debbie Meyers-Martin
  6/16/2023HouseSent to the Governor
  7/28/2023HouseGovernor Approved
  7/28/2023HouseEffective Date January 1, 2024
  7/28/2023HousePublic Act . . . . . . . . . 103-0367

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