SB 262 — Makes various changes to provide for tracking and reporting of information concerning the pricing of prescription drugs for treating asthma. (BDR 40-55)

S.B.Senate Bill No.

262262–Senators SCancela, ENATERatti, BILLCannizzaro, NOParks; .

262–SENATORSBrooks, CDondero ANCELALoop, ,D. ATTI , ANNIZZARO , PARKS ;

BROOKSHarris, ,Ohrenschall, DONDEROScheible, LOOPSpearman , HARRIS, OHRENSCHALL , SCHEIBLE , SPEARMAN AND W OODHOUSE M ARCH 12, 2019 ____________ Referred to Committee on Health and HumanWoodhouse ServicesCHAPTER.......... SUMMARY—Makes various changes to provide for tracking and reporting of information concerning the pricing of prescription drugs for treating asthma.

(BDR 40-55) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Existing law requires the Department of Health and Human Services to compile:

(1) a list of prescription drugs that the Department determines to be thatessential havefor beentreating subjectdiabetes toin athis significantState; price increase within the immediatelyption drugs preceding 2 calendar years.

and (2) a list of such prescription drugs that have been subject to a significant price increase within the immediately preceding 2 calendar years.

(NRS 439B.695) The Department is - *SB262* – 2 – required to analyze the information submitted by such manufacturers and compile a report concerning the reasons for and effect of the pricing of essential diabetes drugs.

(NRS 439B.650) Existing law requires an insurer that offers or issues ates policy of individual health insurance and uses a formulary to provide, during each open enrollment period, a notice of any drugs on the list of essential diabetes drugs that have been removed from the formulary or will be removed from the formulary during the current plan year or the next plan year.

Additionally, section 3 of this bill authorizes tothe submitDepartment a required report to establishuse andthe carrymoney outcollected programsfrom toadministrative providepenalties educationfor failure concerning asthma and to prevent asthma.

THEand PEOPLEcarry OFout THEprograms STATEto OFprovide NEVADA,education REPRESENTEDEXPLANATION IN– SENATEMatter ANDin ASSEMBLY,bolded DOitalics ENACTis ASnew; FOLLOWS:

Sectionmatter 1.between brackets [omitted material] is material to be omitted.

- 80th Session (2019) – 2 – THE SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:D IN Section 1.

439B.650 On or before June 1 of each year, the Department shall analyze the information submitted pursuant to NRS 439B.635, 439B.640 and 439B.645 and compile a report on the price of thethe35, prescription drugs that appear on the most current lists compiled by the Department pursuant to NRS 439B.630, the reasons for any increases in those prices and the effect of those prices on overall spending on prescription drugs in this State.

- *SB262* – 3 – Sec.

If a manufacturer fails to provide to the Department the information required by NRS 439B.635, 439B.640 or 439B.660, a - 80th Session (2019) – 3 – pharmacy benefit manager fails to provide to the Department the information required by NRS 439B.645, a nonprofit organization fails to post or provide to the Department, as applicable, the information required by NRS 439B.665 or a manufacturer, pharmacy benefit manager or nonprofit organization fails to post or provide, as applicable, such information on a timely basis, and the failure was not caused by excusable neglect, technical problems or other extenuating circumstances, the Department may impose against the manufacturer, pharmacy benefit manager or nonprofit organization, as applicable, an administrative penalty of not more than $5,000 for each day of such failure.

The notice requiredreq(a) byBe thisin subsectiona must:language that is easily understood and in a format that is easy to understand;

(a) Be in a language that is easily understood and in a format that is easy to understand;

- *SB262* – 4 – (1) An explanation of:

- 80th Session (2019) – 4 – (a) Provide to any insured or participating provider of health care, upon request:

(2) Access to the most current list of prescription drugs in the formulary, organized by major therapeutic category, with anandrugs in the indication of whether any listed drugs are preferred over other listed drugs.

Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act;

H~~~~~ 19 - *SB262*80th Session (2019)