Bill Text: NJ A5947 | 2018-2019 | Regular Session | Introduced


Bill Title: Permits import of Canadian prescription drugs.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-11-18 - Introduced, Referred to Assembly Health and Senior Services Committee [A5947 Detail]

Download: New_Jersey-2018-A5947-Introduced.html

ASSEMBLY, No. 5947

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED NOVEMBER 18, 2019

 


 

Sponsored by:

Assemblywoman  VALERIE VAINIERI HUTTLE

District 37 (Bergen)

 

 

 

 

SYNOPSIS

     Permits import of Canadian prescription drugs.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning certain prescription drugs and supplementing Title 24 of the Revised Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    As used in this act, "commissioner," "department," "drug," and "wholesale distributor" shall have the same meaning as prescribed for those terms in section 5 of P.L.2005, c.206 (C.24:6B-14), and "health benefits plan" shall have the same meaning as prescribed for that term in section 2 of P.L.1997, c.192 (C.26:2S-2).

 

     2.    a.  The commissioner, in consultation with stakeholders and appropriate federal officials, shall establish a wholesale prescription drug importation program that complies with the applicable requirements of 21 U.S.C. s.384, and any other applicable federal requirements, including the requirements regarding safety and cost savings, within 120 days after the effective date of this act.  The program shall:

     (1)   designate one or more entities that shall either become a wholesaler distributor or contract with a wholesaler distributor in order to seek federal certification and approval to import safe prescription drugs and provide significant prescription drug cost savings to State consumers;

     (2)   use Canadian prescription drug suppliers regulated under the laws of Canada, one or more Canadian provinces, or both;

     (3)   ensure that only prescription drugs meeting the U.S. Food and Drug Administration's requirements concerning prescription drugs imported from Canada, including safety and effectiveness, and standards; and

     (4)   import only those prescription drugs expected to generate substantial savings for State consumers.

     b.    An entity designated pursuant to subsection a. of this section shall:

     (1)   become a wholesale distributor or enter into a contract with a wholesale distributor; 

     (2)   contract with one or more licensed and regulated Canadian suppliers;

     (3)   develop a registration process for health benefits plans, pharmacies, and prescription drug-administering health care providers who are willing to participate in the wholesale prescription drug importation program;

     (4)   create a publicly available source for listing the prices of imported prescription drug products that shall be made available to all participating entities and consumers;

     (5)   create an outreach and marketing plan to generate program awareness;

     (6)   create and staff a telephone hotline to answer questions and address the needs of consumers, employers, health benefits plans, pharmacies, health care providers, and other affected entities;

     (7)   establish a biennial audit performed by a third-party entity that is not the department or an affiliate of the entity designated pursuant to subsection a. of this section; and

     (8)   conduct any other activities that the commissioner determines to be important for successful implementation of the program.

 

     3.    a.  Within 210 days after the effective date of this act, the commissioner shall submit a formal request to the Secretary of the federal Department of Health and Human Services for certification of the State's wholesale prescription drug importation program.

     b.    The commissioner shall seek the appropriate federal approvals, waivers, exemptions, or agreements, or a combination thereof, as needed to enable as many State consumers as possible to benefit from cost savings produced by the wholesale prescription drug importation program.

 

     4.    This act shall take effect 30 days after the date of enactment.

 

 

STATEMENT

 

     This bill permits the import of prescription drugs from Canada.

     Under the bill, the Commissioner of Health (commissioner), in consultation with interested stakeholders and appropriate federal officials, is to establish a wholesale prescription drug importation program (program) that complies with applicable federal requirements. The program is to: (1) designate one or more entities that are wholesale distributors or that contract with a wholesale distributor in order to seek federal certification and approval to import safe prescription drugs and provide significant prescription drug cost savings to State consumers; (2) use Canadian prescription drug suppliers regulated under the laws of Canada, one or more Canadian provinces, or both; (3) ensure that only prescription drugs meeting the U.S. Food and Drug Administration's requirements concerning prescription drugs imported from Canada, including safety and effectiveness; and (4) import only those prescription drugs expected to generate substantial savings for State consumers.

     Any entity designated pursuant to the bill's provisions is to: (1) become a wholesale distributor or enter into a contract with a wholesale distributor; (2) contract with one or more licensed and regulated Canadian suppliers; (3) develop a registration process for health benefits plans, pharmacies, and prescription drug-administering health care providers who are willing to participate in the wholesale prescription drug importation program; (4) create a publicly available source for listing the prices of imported prescription drug products that shall be made available to all participating entities and consumers; (5) create an outreach and marketing plan to generate program awareness; (6) create and staff a telephone hotline to answer questions and address the needs of consumers, employers, health benefits plans, pharmacies, health care providers, and other affected sectors; (7) establish a biennial audit to be performed by a third-party that is not the department or an affiliate of any designated entity; and (8) conduct any other activities that the commissioner determines to be important for successful implementation of the program.

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