Loading chat...

MI HB4350

Bill

Status

Engrossed

3/24/2021

Primary Sponsor

Stephanie Young

Click for details

Origin

House of Representatives

101st Legislature

AI Summary

  • Modifies definitions in the Health Care False Claim Act to replace outdated references with current Michigan Compiled Law citations for health care corporations and HMOs.

  • Changes language throughout from "which" to "that" for grammatical consistency in defining terms like "deceptive," "health care insurer," and "knowing."

  • Creates a two-tiered exemption for drug manufacturer rebates and discounts: through December 31, 2022, all rebates qualify for exemption; beginning January 1, 2023, rebates are only exempt if the drug lacks a generically equivalent alternative or if specific conditions apply (prior authorization, step-therapy, prescriber directive, or FDA Risk Evaluation and Mitigation Strategy requirements).

  • Defines "generically equivalent drug product" as a drug with FDA therapeutic equivalence designation that is nationally available, establishing the threshold for when post-2022 rebate restrictions apply.

  • Adds "Administration" definition (injection, infusion, or similar application) and clarifies that the exemption does not alter copayment, deductible, or other cost-sharing requirements under health insurance contracts.

Legislative Description

Health: pharmaceuticals; health care false claim act; modify exemption from criminal liability to exclude manufacturers of prescription drugs from providing discounts under certain circumstances. Amends secs. 2 & 4a of 1984 PA 323 (MCL 752.1002 & 752.1004a).

Insurance: health insurers

Last Action

Referred To Committee On Health Policy And Human Services

3/25/2021

Committee Referrals

Health Policy And Human Services3/25/2021
Health Policy2/24/2021

Full Bill Text

No bill text available