California 2021-2022 Regular Session Status: Passed Senate 1 D cosponsors

SB 939 — Prescription drug pricing.

Last action — June 28 set for first hearing canceled at the request of author.

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

This bill died with 2021-2022 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing federal law requires the United States Secretary of Health and Human Services to enter into an agreement with each manufacturer of covered outpatient drugs to ensure the amount a covered entity is required to pay for those drugs does not exceed the average manufacturer price of the drug under the federal Medicaid program. Existing state law requires a covered entity to dispense only drugs subject to these federal pricing requirements to Medi-Cal beneficiaries. Existing law defines a "covered entity" to include a federally qualified health center and entities receiving specified grants and federal funding. This bill would prohibit a pharmacy benefit manager from discriminating against a covered entity or its pharmacy in connection with dispensing a drug subject to federal pricing requirements or preventing a covered entity from retaining the benefit of discounted pricing for those drugs. The bill would prohibit a drug manufacturer that is subject to federal pricing requirements from imposing preconditions, limitations, delays, or other barriers to the purchase of covered drugs that are not required under federal law or regulations.

Bill Text

Action History

  1. June 28 set for first hearing canceled at the request of author.

  2. From committee with author's amendments. Read second time and amended. Re-referred to Com. on HEALTH.

  3. Referred to Com. on HEALTH.

  4. In Assembly. Read first time. Held at Desk.

  5. Read third time. Passed. (Ayes 24. Noes 9. Page 3837.) Ordered to the Assembly.

  6. Read second time. Ordered to third reading.

  7. From committee: Do pass. (Ayes 9. Noes 1. Page 3203.) (March 23).

  8. From committee with author's amendments. Read second time and amended. Re-referred to Com. on HEALTH.

  9. Set for hearing March 23.

  10. Referred to Com. on HEALTH.

  11. From printer.

  12. Article IV Section 8(a) of the Constitution and Joint Rule 55 dispensed with February 7, 2022, suspending the 30 calendar day requirement.

  13. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on · 4 voted No

Sponsors (1)

  • Pan

Co-sponsors (1)

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

Passed 24 Yea · 9 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 14504
Democratic 10003
Republican 0400
Total 24907
% of votes cast 60%23%0%18%
How each member voted (40)
Member Party Vote
Newman — Yea
Portantino — Yea
Leyva — Yea
Hueso — Yea
Gonzalez — Yea
Pan — Yea
Roth — Yea
Kamlager — Yea
Rubio — Yea
Wieckowski — Yea
Bradford — Yea
Skinner — Yea
Atkins — Yea
Eggman — Yea
Bates — Nay
Nielsen — Nay
Min — Nay
Wilk — Nay
Borgeas — Nay
Dodd — Not Voting
Melendez — Not Voting
Glazer — Not Voting
Hertzberg — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Not Voting
Becker, Josh Democratic Not Voting
Caballero, Anna M. Democratic Not Voting
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Ochoa Bogh, Rosilicie Republican Nay

Official roll call →

Do pass

Passed 9 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 6001
Democratic 3000
Republican 0100
Total 9101
% of votes cast 82%9%0%9%
How each member voted (11)
Member Party Vote
Gonzalez — Yea
Rubio — Yea
Roth — Yea
Pan — Yea
Leyva — Yea
Eggman — Yea
Melendez — Not Voting
Hurtado, Melissa Democratic Yea
Limón, Monique Democratic Yea
Wiener, Scott D. Democratic Yea
Grove, Shannon Republican Nay

Official roll call →

Subjects

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 SB 939 do?
Existing federal law requires the United States Secretary of Health and Human Services to enter into an agreement with each manufacturer of covered outpatient drugs to ensure the amount a covered entity is required to pay for those drugs does not exceed the average manufacturer price of the drug under the federal Medicaid program. Existing state law requires a covered entity to dispense only drugs subject to these federal pricing requirements to Medi-Cal beneficiaries. Existing law defines a "covered entity" to include a federally qualified health center and entities receiving specified grants and federal funding. This bill would prohibit a pharmacy benefit manager from discriminating against a covered entity or its pharmacy in connection with dispensing a drug subject to federal pricing requirements or preventing a covered entity from retaining the benefit of discounted pricing for those drugs. The bill would prohibit a drug manufacturer that is subject to federal pricing requirements from imposing preconditions, limitations, delays, or other barriers to the purchase of covered drugs that are not required under federal law or regulations.
Who sponsors SB 939?
SB 939 is sponsored by Pan and Wiener, Scott D. (Democratic).
What is the current status of SB 939?
This bill died with 2021-2022 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 939?
Track SB 939 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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