Nevada 2023 Regular Session Status: To Executive 2 D cosponsors

AB 250 — Establishes provisions governing prescription drugs. (BDR 40-782)

Last action — (No further action taken.)

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

This bill died with 2023 Regular Session. It reached “To Executive” 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.

Vetoed by Governor Joe Lombardo (Republican) on June 05, 2023.

This bill is no longer active — its legislative session has ended, so there is no live prognosis.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.

Bill Text

What changed in the latest version

247 added · 288 removed

247 line(s) added, 288 removed.

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(Reprinted with amendments adopted on April 24, 2023) FIRST REPRINT A.B.
Assembly Bill No.
250 ASSEMBLY B ILLN O.
250–Assemblywomen Considine and Anderson CHAPTER..........
250–A SSEMBLYWOMEN C ONSIDINE AND A NDERSON M ARCH 7, 2023 ____________ Referred to Committee on Commerce and Labor SUMMARY—Establishes provisions governing prescription drugs.
(BDR 40-782) FISCAL NOTE:
EffEffect on the State:
Yes.No.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
requiring certain entities to maintain a registered agent and office in this State;
or (2) seeks reimbursement for a drug subject to a maximum fair price which is delivered, dispensed or administered to a person in this State from seeking reimbursement at a person or entity to maintain a registered agent and an office or base of operations in this State.
or (2) seeks reimbursement for a drug subject to a maximum fair price which is delivered, dispensed or administered to a person in this State from seeking reimbursement at a rateExisting law:
Existing law:
(NRS violate:
(NRS 598.0903-598.0999) Section 1 makes it a deceptive trade practice for any person to violate the prohibition on purchasing or seeking reimbursement for a drug at a price higher than the maximum fair price.
(1) the prohibition on purchasing or seeking reimbursement for a drug at a - *AB250_R1* – 2 – price higher than the maximum fair price;
Sections 1 and 3 of this bill provide that a person who violates the provisions of section 1 is not subject to any criminal such a person is subject only to the various civil enforcement measures, includinging civil penalties, set forth in existing law for engaging in a deceptive trade practice.
or (2) the requirement to maintain a registered agent and an office or base of operations in this State when engaging in certain activity relating to drugs subject to a maximum fair price.
(NRS 598.097-598.0999) Existing law authorizes any person who is a victim of consumer fraud, including a deceptive trade practice, to bring a civil action.
Sections 1 and 3 subject to any criminal penalty set forth in existing law for engaging in a deceptive trade practice, meaning such a person is subject only to the various civil enforcement measures, including civil penalties, set forth in existing law for engaging in a deceptive trade practice.
(NRS 41.600) Section 2 of this bill provides that a violation of section 1 constitutes consumer fraud, and sections 1 and 2 authorize a victim of such a violation to bring a civil action.
(NRS 598.097-598.0999) Existing law authorizes any person who is a victim of consumer fraud, of this bill provides that a violation of section 1 constitutes consumer fraud, and 2 sections 1 and 2 authorize a victim of such a violation to bring a civil action.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
and W HEREAS , In reporting on the findings of the Committee to Conduct an Interim Study Concerning the Costs of Prescription Drugs, LCB Bulletin No.
and - 82nd Session (2023) – 2 – W HEREAS , In reporting on the findings of the Committee to Conduct an Interim Study Concerning the Costs of Prescription Drugs, LCB Bulletin No.
and W HEREAS , The Nevada Spending and Government Efficiency Commission noted in its final report, “Final Report of the Nevada Spending and Government Efficiency Commission to Governor Jim Gibbons,” published January 7, 2010, that the State of Nevada would realize significant savings on Medicaid, mental health, corrections and other programs if the cost of prescription drugs were better controlled;
and Commission noted in its final report, “Final Report of the Nevada Spending and Government Efficiency Commission to Governor Jim Gibbons,” published January 7, 2010, that the State of Nevada would realize significant savings on Medicaid, mental health, corrections and other programs if the cost of prescription drugs were better controlled;
and W HEREAS , Excessive costs of prescription drugs contribute significantly to increasing costs of health care and health insurance - *AB250_R1* – 3 – that threaten the ability of residents of this State to obtain affordable health coverage and maintain or achieve good health;
and W HEREAS , Excessive costs of prescription drugs contribute significantly to increasing costs of health care and health insurance that threaten the ability of residents of this State to obtain affordable health coverage and maintain or achieve good health;
and W HEREAS , To protect residents of this State from the negative effects from excessive costs of prescription drugs, and to protect the safety, health and economic well-being of Nevadans, the Legislature finds that legislation regarding affordable access to prescription drugs is necessary for residents of this State to achieve and maintain good health;
and W HEREAS , To protect residents of this State from the negative effects from excessive costs of prescription drugs, and to protect the safety, health and economic well-being of Nevadans, the Legislature finds that legislation regarding affordable access to prescription - 82nd Session (2023) – 3 – drugs is necessary for residents of this State to achieve and maintain good health;
Except as otherwise provided in subsection 8, a person or entity that purchases a referenced drug in this State shall not pay a price for the referenced drug that, excluding any fee paid to a pharmacy for dispensing the referenced drug, is higher than the maximum fair price for that referenced drug during the price applicability period.
A person or entity that purchases a referenced drug in this State shall not pay a price for the referenced drug that, excluding any fee paid to a pharmacy for dispensing the referenced drug, is higher than the maximum fair price for that referenced drug during the price applicability period.
Except as otherwise provided in subsection 8, a person or entity that seeks reimbursement for a referenced drug which is delivered, dispensed or administered to a person in this State shall not seek reimbursement for the referenced drug at a rate which, excluding any fee paid to a pharmacy for dispensing the referenced drug, is higher than the maximum fair price for that referenced drug during the price applicability period.
A person or entity that seeks reimbursement for a referenced drug which is delivered, dispensed or administered to a person in this State shall not seek reimbursement for the referenced drug at a rate which, excluding any fee paid to a pharmacy for dispensing the referenced drug, is higher than the maximum fair price for that referenced drug during the price applicability period.
Except as otherwise provided in subsection 8, a person or entity that sells, offers for sale, distributes or delivers any referenced drug to a person or entity in this State or seeks reimbursement for a referenced drug which is delivered, dispensed or administered to a person in this State shall maintain in this State a registered agent and an office or base of operations.
Except as otherwise provided in subsection 4, a violation of subsection 1 or 2 by any person constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.
4.
deceptive trade practice.bsection 1 or 2 constitutes a separate 4.
Except as otherwise provided in subsection 5, a violation of subsection 1, 2 or 3 by any person constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.
A person who violates the provisions of subsection 1 or 2 is not subject to any criminal penalty set forth in subsection 3 of NRS 598.0999.
- *AB250_R1* – 4 – Each such violation of subsection 1 or 2 or sale, offer for sale or distribution or delivery of a quantity of a referenced drug in violation of subsection 3 constitutes a separate deceptive trade practice.
A person who violates the provisions of subsection 1, 2 or 3 is not subject to any criminal penalty set forth in subsection 3 of NRS 598.0999.
A person aggrieved by a violation of subsection 1 or 2 may bring an action for consumer fraud pursuant to NRS 41.600.
A person aggrieved by a violation of subsection 1, 2 or 3 may bring an action for consumer fraud pursuant to NRS 41.600.
7.
8.
7.
A provider of health coverage for federal employees, a provider of health coverage that is subject to the Employee Retirement Income Security Act of 1974 or a Taft-Hartley trust formed pursuant to 29 U.S.C.
§ 186(c)(5):
(a) Is not required to comply with the requirements of this section.
(b) May elect to be subject to the provisions of this section by notifying the Director in writing on or before January 1 of each year in which the plan elects to participate.
9.
Sec.
- 82nd Session (2023) – 4 – Sec.
(a) An unlawful act as defined in NRS 119.330;
- *AB250_R1* – 5 – 3.
3.
Except as otherwise provided in NRS 598.0974, a person who violates a court order or injunction issued pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, upon a complaint brought by the Commissioner, the Director, the district attorney of any county of this State or the Attorney General shall forfeit and pay to the State General Fund a civil penalty of not more than $10,000 for each violation.
Except as otherwise provided in NRS 598.0974, a person who violates a court order or injunction issued pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, upon a complaint brought by the Commissioner, the Director, the district attorney of any county of this State or the Attorney General shall than $10,000 for each violation.
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3.
- 82nd Session (2023) – 5 – natural person, firm, or any officer or managing agent of anyact, a corporation or association who knowingly and willfully engages in a deceptive trade practice:
[A] Except as otherwise provided in section 1 of this act, a natural person, firm, or any officer or managing agent of any corporation or association who knowingly and willfully engages in a deceptive trade practice:
- *AB250_R1* – 6 – (d) For an offense involving a loss of property or services valued at $100,000 or more, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years, and by a fine of not more than $15,000.
(d) For an offense involving a loss of property or services shall be punished by imprisonment in the state prison for ay and minimum term of not less than 1 year and a maximum term of not more than 20 years, and by a fine of not more than $15,000.
If a person violates any provision of NRS 598.0903 to 598.0999, inclusive, 598.100 to 598.2801, inclusive, 598.405 to 598.525, inclusive, 598.741 to 598.787, inclusive, 598.840 to 598.966, inclusive, or 598.9701 to 598.9718, inclusive, fails to comply with a judgment or order of any court in this State concerning a violation of such a provision, or fails to comply with an assurance of discontinuance or other agreement concerning an alleged violation of such a provision, the Commissioner or the district attorney of any county may bring an action in the name of the State of Nevada seeking:
If a person violates any provision of NRS 598.0903 to 598.0999, inclusive, 598.100 to 598.2801, inclusive, 598.405 to 598.525, inclusive, 598.741 to 598.787, inclusive, 598.840 to 598.966, inclusive, or 598.9701 to 598.9718, inclusive, fails to concerning a violation of such a provision, or fails to comply with an assurance of discontinuance or other agreement concerning an alleged violation of such a provision, the Commissioner or the district attorney of any county may bring an action in the name of the State of Nevada seeking:
or (b) If the defendant is a corporation, dissolution of the corporation.
or - 82nd Session (2023) – 6 – corporation.e defendant is a corporation, dissolution of the The court may grant or deny the relief sought or may order other appropriate relief.
 The court may grant or deny the relief sought or may order other appropriate relief.
6.
General pursuant to subsection 4 or 5, process may be served by an employee of the Consumer Affairs Unit of the Department of Business and Industry or an employee of the Attorney General.
In an action brought by the Commissioner or the Attorney General pursuant to subsection 4 or 5, process may be served by an - *AB250_R1* – 7 – employee of the Consumer Affairs Unit of the Department of Business and Industry or an employee of the Attorney General.
The value is not readily ascertainable, and may, in making thatty whose determination, consider all relevant evidence, including evidence of the value of the property to its owner.
The trier of fact shall determine the value of all other property whose value is not readily ascertainable, and may, in making that determination, consider all relevant evidence, including evidence of theSec.
Sec.
(a) 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;
- 82nd Session (2023) – 7 – (a) 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 - *AB250_R1*
~~~~~ 23 - 82nd Session (2023)
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Amendments

2 amendments

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Action History

  1. (No further action taken.)

  2. Vetoed by the Governor.

  3. Senate Amendment No. 644 concurred in. To enrollment. Enrolled and delivered to Governor.

  4. In Assembly.

  5. Read third time. Passed, as amended. Title approved, as amended. Preamble adopted, as amended. (Yeas: 13, Nays: 7, Excused: 1.) To Assembly.

  6. Taken from General File. Placed on General File for next legislative day.

  7. From printer. To re-engrossment. Re-engrossed. Second reprint. Taken from General File. Placed on General File for next legislative day.

  8. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 644.) To printer.

  9. In Senate. Read first time. Referred to Committee on Commerce and Labor. To committee.

  10. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved. Preamble adopted. (Yeas: 27, Nays: 15.) To Senate.

  11. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 439.) To printer.

  12. From printer. To committee.

  13. Read first time. Referred to Committee on Commerce and Labor. To printer.

Sponsors

Sponsorship breakdown

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2 sponsors · 0 co-sponsors · 65 not signed on

Sponsors (2)

Co-sponsors (0)

None.

Not signed on (65)

65 members have not signed on to this bill.

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"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

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

Who sponsors AB 250?
AB 250 is sponsored by Considine, Venicia (Democratic) and Anderson, Natha C. (Democratic).
What is the current status of AB 250?
This bill died with 2023 Regular Session. It reached “To Executive” 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 AB 250?
Track AB 250 free on One Click Politics — get push/email alerts when it moves.

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