Bill Text: MI SB0809 | 2019-2020 | 100th Legislature | Chaptered
Bill Title: Health: pharmaceuticals; health care false claim act; modify exemption to exempt a rebate or discount related to the injection or infusion of a drug. Amends sec. 4a of 1984 PA 323 (MCL 752.1004a).
Spectrum: Bipartisan Bill
Status: (Passed) 2020-12-30 - Assigned Pa 0317'20 With Immediate Effect [SB0809 Detail]
Download: Michigan-2019-SB0809-Chaptered.html
Act No. 317
Public Acts of 2020
Approved by the Governor
December 29, 2020
Filed with the Secretary of State
December 29, 2020
EFFECTIVE DATE: December 29, 2020
state of michigan
100th Legislature
Regular session of 2020
Introduced by Senators Stamas, Barrett, Wojno, Polehanki, Chang, VanderWall, Schmidt and Hollier
ENROLLED SENATE BILL No. 809
AN ACT to amend 1984 PA 323, entitled “An act to prohibit fraud in the obtaining of benefits or payments in connection with health care coverage and insurance; to prohibit kickbacks or bribes in connection with such coverage and insurance; to prohibit conspiracies in obtaining benefits or payments; to provide for certain powers and duties of certain state and local officers and agencies; to provide for and preclude certain civil actions; and to prescribe penalties,” by amending section 4a (MCL 752.1004a), as amended by 2016 PA 80.
The People of the State of Michigan enact:
Sec. 4a. (1) Neither of the following violates section 4:
(a) A rebate or discount from a drug manufacturer or from a company that licenses or distributes the drugs of a drug manufacturer to or for the benefit of a consumer for the administration or the consumer’s use of a drug manufactured or licensed or distributed by the drug manufacturer or company, including for consumer cost-sharing requirements for the administration or drug. As used in this subdivision, “administration” means injection, infusion, or similar means of application.
(b) A monetary payment from a drug manufacturer to a consumer, the consumer’s health professional, or a vendor that has a contract with the drug manufacturer, for a health care service that the prescribing information of a qualified drug requires or recommends for initiating drug therapy.
(2) This section does not alter any copayment, deductible, coinsurance, or other cost-sharing requirements under a contract, certificate, or policy issued by a health care corporation or health care insurer.
(3) As used in this section:
(a) “Consumer’s health professional” means a health professional who did not prescribe the qualified drug or who does not have a financial relationship to the health professional who prescribed the qualified drug.
(b) “Health care service” means any of the following:
(i) Monitoring for bradycardia or atrioventricular conduction.
(ii) Monitoring blood pressure.
(iii) An electrocardiogram.
(iv) A cardiac evaluation by a physician.
(v) A complete blood count test.
(vi) A liver function test.
(vii) An eye
examination for macular edema.
(viii) A pulmonary function test, if clinically indicated.
(ix) A vaccination.
(x) An additional service included in the prescribing information by the United States Food and Drug Administration.
(c) “Health professional” means an individual who is licensed or otherwise authorized to engage in a health profession under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.
(d) “Physician” means an individual licensed or otherwise authorized to engage in the practice of medicine under part 170 of the public health code, 1978 PA 368, MCL 333.17001 to 333.17097, or to engage in the practice of osteopathic medicine and surgery under part 175 of the public health code, 1978 PA 368, MCL 333.17501 to 333.17556.
(e) “Qualified drug” means a drug that has a United States Food and Drug Administration approved indication to treat multiple sclerosis.
This act
is ordered to take immediate effect.
Secretary of the Senate
Clerk of the House of Representatives
Approved___________________________________________
____________________________________________________
Governor
