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DE HB62

Bill

Status

Introduced

1/7/2021

Primary Sponsor

Andria Bennett

Click for details

Origin

House of Representatives

151st General Assembly

AI Summary

  • Prohibits manufacturers from imposing excessive price increases on generic and off-patent prescription drugs sold to Delaware consumers, with limits of 15% annually or 40% over 3 years (adjusted for inflation), or increases exceeding $30 per 30-day supply.

  • Requires pharmacy benefit managers and state agencies to notify the manufacturer and Attorney General of violations, with manufacturers having 45 days to submit cost justification statements to the Attorney General.

  • Authorizes the Attorney General to seek court orders for price restoration, consumer restitution, civil penalties up to $10,000 per day per violation (with each transaction counted separately), and requires revenues from violations be remitted to the State for drug cost reduction efforts.

  • Prohibits manufacturers from withdrawing generic or off-patent drugs from Delaware distribution to avoid the law's restrictions, with penalties of $500,000 for violations and required 180-day notice to the Board of Pharmacy and Attorney General before any withdrawal.

  • Becomes effective January 1, 2022.

Legislative Description

An Act To Amend Title 6 Of The Delaware Code Relating To The Prohibition Of Excessive And Unconscionable Prices For Prescription Drugs.

Last Action

Introduced and Assigned to Economic Development/Banking/Insurance & Commerce Committee in House

1/7/2021

Committee Referrals

Economic Development/Banking/Insurance & Commerce1/7/2021

Full Bill Text

No bill text available