May 23, 2007, Introduced by Senators KAHN, ANDERSON, JANSEN, SWITALSKI, PAPPAGEORGE and BIRKHOLZ and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
(MCL 333.1101 to 333.25211) by adding section 9721.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 9721. (1) The department shall create and operate a
prescription drug website to educate consumers about the price of
certain prescription drugs and to provide links to other helpful
websites including, but not limited to, those websites that may
assist and educate consumers on the availability of public and
private programs that, in compliance with federal and state rules
and regulations, offer access to discounted or free prescription
drugs.
(2) The department shall include all of the following on the
prescription drug website:
(a) The 150 most commonly prescribed brand name prescription
drugs as reported by this state's medical assistance program.
(b) If not included under subdivision (a), the most commonly
prescribed brand name prescription drugs used for the treatment of
all major illnesses and diseases, as determined by the department.
(c) If available, the generic equivalents for the brand name
prescription drugs included under subdivisions (a) and (b).
(d) The usual and customary price of each prescription drug
included under subdivisions (a), (b), and (c). The price
information on the website shall conspicuously display all of the
following:
(i) If available, the generic equivalents associated with each
brand name prescription drug.
(ii) The price attributable to each brand name and generic
equivalent prescription drug.
(iii) The dosage, including the number of doses and dosage
strength, upon which the posted price is based.
(iv) The name, street address, and city or other identifiable
location of the pharmacy at which the listed prescription drug may
be purchased at a posted price.
(e) A minimum of 5 links to other websites as described in
subsection (1).
(f) The department's toll-free telephone number created under
subsection (4).
(g) An advisory statement alerting consumers of the need to
tell their health professional and pharmacist about all the
medications they are taking to ask how to avoid harmful
interactions between those medications, if any.
(3) At least once a month, the department shall obtain from
the person that the department has contracted to serve as its
pharmacy benefits manager for this state's medical assistance
program the usual and customary drug price as reported for the most
commonly prescribed drugs identified pursuant to subsection (2)(a),
(b), and (c) to that pharmacy benefits manager by each pharmacy
that fills or refills a prescription under this state's medical
assistance program. The department shall include this information
on the website under this section. This subsection does not require
a pharmacy that fills or refills a prescription under this state's
medical assistance program to provide any additional information
than that currently being reported by the pharmacy to the person
that the department has contracted to serve as its pharmacy
benefits manager for this state's medical assistance program.
(4) The department shall establish and maintain a toll-free
telephone number that a person may call for information on
prescription drug programs available in this state, including, but
not limited to, free and discounted prescription drug programs. The
department may utilize an existing toll-free telephone line to
satisfy this requirement.
(5) As used in this section, "usual and customary price" means
that price that is comparable to what a pharmacy would charge a
cash-paying customer without insurance. Usual and customary price
does not include discounts, special promotions, or other programs
initiated to reduce prices for product costs available to the
general public or to a special population.