California 2017-2018 Regular Session Status: Enacted

AB 265 — Prescription drugs: prohibition on price discount.

Last action — Chaptered by Secretary of State - Chapter 611, Statutes of 2017.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 31, 2017. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law regulates the packaging, labeling, and advertising of drugs and devices. This bill would generally prohibit a person who manufactures a prescription drug from offering in California any discount, repayment, product voucher, or other reduction in an individual's out-of-pocket expenses associated with his or her health insurance, health care service plan, or other health coverage, including, but not limited to, a copayment, coinsurance, or deductible, for any prescription drug if a lower cost generic drug is covered under the individual's health insurance, health care service plan, or other health coverage on a lower cost-sharing tier that is designated as therapeutically equivalent to the prescription drug manufactured by that person or if the active ingredients of the drug are contained in products regulated by the federal Food and Drug Administration, are available without prescription at a lower cost, and are not otherwise contraindicated for the condition for which the prescription drug is approved. The bill would specify exceptions to these prohibitions, including, among other things, if the individual has completed any applicable step therapy or prior authorization for the prescription drug as mandated by the individual's health insurer, health care service plan, or other health coverage, or if a rebate is received by a state agency. The bill would also clarify that it does not prohibit an entity, including a manufacturer of prescription drugs, from offering a pharmaceutical product free of any cost, if the product is free of cost to both the patient and his or her health insurer, health care service plan, or other health coverage, that it does not affect a pharmacist's ability to substitute a prescription drug, and that it does not prohibit or limit assistance to a patient provided by an independent charity patient assistance program, as defined.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 611, Statutes of 2017.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 51. Noes 17. Page 3333.).

  5. Assembly Rule 77(a) suspended. (Ayes 54. Noes 25. Page 3255.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 15 pursuant to Assembly Rule 77.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 23. Noes 15. Page 2771.).

  8. Read second time. Ordered to third reading.

  9. Read third time and amended. Ordered to second reading.

  10. Read second time. Ordered to third reading.

  11. Read third time and amended. Ordered to second reading.

  12. Read second time. Ordered to third reading.

  13. From committee: Do pass. (Ayes 7. Noes 2.) (July 5).

  14. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HEALTH.

  15. In committee: Set, first hearing. Hearing canceled at the request of author.

  16. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HEALTH.

  17. Referred to Com. on HEALTH.

  18. In Senate. Read first time. To Com. on RLS. for assignment.

  19. Read third time. Passed. Ordered to the Senate. (Ayes 51. Noes 15. Page 1960.)

  20. Read second time. Ordered to third reading.

  21. Assembly Rule 63 suspended. (Ayes 52. Noes 24. Page 1776.)

  22. Read second time and amended. Ordered returned to second reading.

  23. From committee: Amend, and do pass as amended. (Ayes 11. Noes 4.) (May 26).

  24. In committee: Set, first hearing. Referred to APPR. suspense file.

  25. Re-referred to Com. on APPR.

  26. From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.

  27. Re-referred to Com. on APPR.

  28. Read second time and amended.

  29. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 2.) (April 18).

  30. Re-referred to Com. on HEALTH.

  31. From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.

  32. Coauthors revised.

  33. Referred to Com. on HEALTH.

  34. From printer. May be heard in committee March 3.

  35. Read first time. To print.

Sponsors

  • Chiu · Cosponsor
  • Wood · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 120 not signed on · 11 voted No

Sponsors (1)

  • Wood

Co-sponsors (1)

  • Chiu

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

3rd Reading AB265 Wood et al. By Hernandez

Passed 23 Yea · 15 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 191402
Democratic 4100
Total 231502
% of votes cast 58%38%0%5%
How each member voted (40)
Member Party Vote
Anderson — Nay
Bradford — Yea
Lara — Yea
Monning — Yea
Pan — Not Voting
Skinner — Yea
Fuller — Nay
Allen — Yea
De León — Yea
Cannella — Nay
Portantino — Yea
Atkins — Yea
Mitchell — Yea
Galgiani — Yea
Glazer — Nay
Hernandez — Yea
Hertzberg — Yea
Hill — Nay
Dodd — Yea
Hueso — Yea
Bates — Nay
Beall — Yea
Leyva — Yea
Mendoza — Yea
Moorlach — Nay
Morrell — Nay
Newman — Yea
Nielsen — Nay
Roth — Not Voting
Vidak — Nay
Wieckowski — Yea
Wilk — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

AB 265 Wood Concurrence in Senate Amendments

Passed 51 Yea · 17 Nay · 11 Other
Party YeaNayPresentNot Voting
Unaffiliated 3513010
Democratic 14001
Republican 2400
Total 5117011
% of votes cast 65%22%0%14%
How each member voted (79)
Member Party Vote
Acosta — Yea
Bigelow — Not Voting
Bloom — Yea
Brough — Nay
Jones-Sawyer — Yea
Levine — Yea
Nazarian — Yea
Ridley-Thomas — Not Voting
Thurmond — Yea
Eggman — Yea
Cunningham — Nay
Dababneh — Yea
Daly — Yea
Gloria — Not Voting
Friedman — Yea
Holden — Yea
Low — Yea
Chiu — Yea
Chu — Yea
Rubio — Yea
Salas — Yea
Bocanegra — Yea
Burke — Yea
Gray — Yea
Chau — Yea
Gonzalez Fletcher — Yea
Frazier — Not Voting
Harper — Nay
Kiley — Nay
Maienschein — Not Voting
Mathis — Nay
Mayes — Not Voting
McCarty — Yea
Fong — Not Voting
Chávez — Nay
Medina — Yea
Melendez — Nay
Baker — Nay
Cooley — Yea
Cooper — Not Voting
Mullin — Not Voting
O'Donnell — Yea
Obernolte — Nay
Quirk — Yea
Rendon — Yea
Rodriguez — Yea
Santiago — Yea
Steinorth — Nay
Ting — Yea
Voepel — Nay
Waldron — Not Voting
Weber — Yea
Wood — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Mark Stone — Yea
Travis Allen — Nay
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Not Voting
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Dahle, Megan Republican Yea
Flora, Heath Republican Nay
Gallagher, James Republican Yea
Lackey, Tom Republican Nay

Official roll call →

Do pass

Passed 7 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7100
Democratic 0100
Total 7200
% of votes cast 78%22%0%0%
How each member voted (9)
Member Party Vote
Leyva — Yea
Nielsen — Nay
Mitchell — Yea
Monning — Yea
Roth — Yea
Atkins — Yea
Hernandez — Yea
Newman — Yea
Nguyen, Stephanie Democratic Nay

Official roll call →

AB 265 WOOD Assembly Third Reading

Passed 51 Yea · 15 Nay · 14 Other
Party YeaNayPresentNot Voting
Unaffiliated 361209
Democratic 13003
Republican 2302
Total 5115014
% of votes cast 64%19%0%18%
How each member voted (80)
Member Party Vote
Acosta — Yea
Bigelow — Nay
Bloom — Yea
Brough — Nay
Jones-Sawyer — Yea
Levine — Yea
Mathis — Yea
Medina — Yea
Nazarian — Yea
Rendon — Yea
Rodriguez — Yea
Thurmond — Yea
Waldron — Nay
Eggman — Not Voting
Cunningham — Nay
Dababneh — Yea
Daly — Yea
Frazier — Not Voting
Mullin — Not Voting
Rubio — Yea
Friedman — Yea
Salas — Yea
Bocanegra — Yea
Gloria — Not Voting
Burke — Yea
Chau — Yea
Gonzalez Fletcher — Yea
Gomez — Yea
Harper — Yea
Holden — Yea
Kiley — Nay
Chiu — Yea
Gray — Nay
Low — Yea
Maienschein — Not Voting
Baker — Nay
Chu — Yea
Chávez — Nay
Cooley — Yea
Cooper — Not Voting
Mayes — Not Voting
McCarty — Yea
Melendez — Not Voting
O'Donnell — Yea
Obernolte — Nay
Quirk — Yea
Ridley-Thomas — Not Voting
Santiago — Yea
Steinorth — Nay
Ting — Yea
Voepel — Nay
Weber — Yea
Wood — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Travis Allen — Nay
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Not Voting
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Not Voting
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Not Voting
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Yea
Flora, Heath Republican Nay
Gallagher, James Republican Yea
Lackey, Tom Republican Nay
Patterson, Joe Republican Nay

Official roll call →

Do pass as amended.

Passed 11 Yea · 4 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 7400
Democratic 4001
Republican 0001
Total 11402
% of votes cast 65%24%0%12%
How each member voted (17)
Member Party Vote
Bigelow — Nay
Bloom — Yea
Brough — Nay
McCarty — Yea
Quirk — Yea
Friedman — Yea
Gonzalez Fletcher — Yea
Bocanegra — Yea
Gray — Nay
Obernolte — Nay
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Not Voting
Muratsuchi, Al Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Not Voting

Official roll call →

Do pass as amended and be re-referred to the Committee on [Appropriations]

Passed 9 Yea · 2 Nay · 4 Other
Party YeaNayPresentNot Voting
Democratic 2001
Unaffiliated 7102
Republican 0101
Total 9204
% of votes cast 60%13%0%27%
How each member voted (15)
Member Party Vote
Maienschein — Not Voting
Ridley-Thomas — Not Voting
McCarty — Yea
Santiago — Yea
Wood — Yea
Burke — Yea
Nazarian — Yea
Rodriguez — Yea
Thurmond — Yea
Waldron — Nay
Bonta, Mia Democratic Yea
Limón, Monique Democratic Yea
Quirk-Silva, Sharon Democratic Not Voting
Gallagher, James Republican Not Voting
Patterson, Joe Republican Nay

Official roll call →

Subjects

healthcare health-insurance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 265 do?
Existing law regulates the packaging, labeling, and advertising of drugs and devices. This bill would generally prohibit a person who manufactures a prescription drug from offering in California any discount, repayment, product voucher, or other reduction in an individual's out-of-pocket expenses associated with his or her health insurance, health care service plan, or other health coverage, including, but not limited to, a copayment, coinsurance, or deductible, for any prescription drug if a lower cost generic drug is covered under the individual's health insurance, health care service plan, or other health coverage on a lower cost-sharing tier that is designated as therapeutically equivalent to the prescription drug manufactured by that person or if the active ingredients of the drug are contained in products regulated by the federal Food and Drug Administration, are available without prescription at a lower cost, and are not otherwise contraindicated for the condition for which the prescription drug is approved. The bill would specify exceptions to these prohibitions, including, among other things, if the individual has completed any applicable step therapy or prior authorization for the prescription drug as mandated by the individual's health insurer, health care service plan, or other health coverage, or if a rebate is received by a state agency. The bill would also clarify that it does not prohibit an entity, including a manufacturer of prescription drugs, from offering a pharmaceutical product free of any cost, if the product is free of cost to both the patient and his or her health insurer, health care service plan, or other health coverage, that it does not affect a pharmacist's ability to substitute a prescription drug, and that it does not prohibit or limit assistance to a patient provided by an independent charity patient assistance program, as defined.
Who sponsors AB 265?
AB 265 is sponsored by Chiu and Wood.
What is the current status of AB 265?
This bill has been enacted into law. Introduced January 31, 2017. Enacted.
Where can I track AB 265?
Track AB 265 free on One Click Politics — get push/email alerts when it moves.

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