HF801 Summary

• Establishes a seven-member Prescription Drug Affordability Board appointed by the governor and legislative leaders to review prescription drug costs and protect consumers and health care stakeholders from unaffordable drugs.

• Creates a 12-member Prescription Drug Affordability Advisory Council appointed by the governor to advise the board on drug cost issues, with representation from patients, providers, employers, manufacturers, and health experts.

• Board identifies prescription drugs meeting specific criteria (brand name drugs with >10% price increases, drugs priced over $30,000 annually, biosimilars not 15% cheaper than reference drugs, and high-cost generic drugs) and may conduct cost reviews to determine affordability challenges.

• Board may establish upper payment limits on drugs found to create affordability challenges; noncompliance is referred to the Attorney General and may result in civil or criminal remedies, with providers required to bill all payers at or below the limit.

• Appropriates funds from the general fund for the biennium beginning July 1, 2021, for board implementation and requires annual reports to the governor and legislature beginning March 1, 2022.