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MI HB4350
Bill
Status
3/24/2021
Primary Sponsor
Stephanie Young
Click for details
AI Summary
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Modifies definitions in the Health Care False Claim Act to replace outdated references with current Michigan Compiled Law citations for health care corporations and HMOs.
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Changes language throughout from "which" to "that" for grammatical consistency in defining terms like "deceptive," "health care insurer," and "knowing."
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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).
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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.
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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