bill requiring drug makers to report wholesale prices yearly

The text as introduced · 489 words

89R8229 JTZ-F

By: Oliverson
H.B. No. 3086

A BILL TO BE ENTITLED

AN ACT

relating to requirements for pharmaceutical drug manufacturers to

report prescription drug costs.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 441.0051, Health and Safety Code, is

amended to read as follows:

Sec. 441.0051. ANNUAL REPORT. (a) Not later than the 15th

day of each calendar year, a pharmaceutical drug manufacturer shall

submit a report to the department stating the current wholesale

acquisition cost information for the United States Food and Drug

Administration-approved prescription drugs sold in or into this

state by that manufacturer.

(b) For a prescription drug with a wholesale acquisition

cost increase of 40 percent or more over the drug's wholesale

acquisition cost in the preceding three calendar years or 15

percent or more in the preceding calendar year, a pharmaceutical

drug manufacturer shall include in the annual report required under

Subsection (a):

(1) information on whether the prescription drug is a

brand name drug or generic version of a brand name drug;

(2) a statement on each factor that caused the

increase in the wholesale acquisition cost and an explanation of

the impact of each factor on the cost;

(3) aggregate, research, and development costs as

filed with United States Securities and Exchange Commission on Form

10-K for the most recent calendar year for which final audit data is

available;

(4) the name of each of the manufacturer's

prescription drugs the United States Food and Drug Administration

approved in the previous three calendar years; and

(5) the name of each of the manufacturer's

prescription drugs that lost patent exclusivity in the United

States in the previous three calendar years.

(c) The information a pharmaceutical drug manufacturer

submits to the department under Subsections (a) and (b) must be

consistent with the information the manufacturer includes in the

manufacturer's annual consolidated report filed with the United

States Securities and Exchange Commission on Form 10-K or any other

public disclosure.

SECTION 2. Section 441.0054, Health and Safety Code, is

amended to read as follows:

Sec. 441.0054. PUBLICATION OF COST INCREASE INFORMATION.

Not later than the 60th day after receipt of the report submitted

under Section 441.0051 [ or 441.0053(a) ], the department shall

publish the required cost increase information [ required by Section

441.0053 ] on the department's prescription drug price information

Internet website.

SECTION 3. Section 441.0102(a), Health and Safety Code, is

amended to read as follows:

(a) The department shall [ may ] assess an administrative

penalty against a person who violates this chapter or a rule adopted

under this chapter.

SECTION 4. Section 441.0053, Health and Safety Code, is

repealed.

SECTION 5. As soon as practicable after the effective date

of this Act, the executive commissioner of the Health and Human

Services Commission shall adopt rules necessary to implement the

changes in law made by this Act.

SECTION 6. This Act takes effect September 1, 2025.