08
HB 180/AP
House
Bill 180 (AS PASSED HOUSE AND SENATE)
By:
Representatives Rogers of the
26th,
Smith of the
113th,
Harbin of the
118th,
Burkhalter of the
50th,
and Stephens of the
164th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 5A of Title 31 of the Official Code of Georgia Annotated, relating
to the Department of Community Health, so as to provide that the Department of
Community Health shall expedite a review of certain prescription drugs or other
health care products produced by Georgia biotechnology, biopharmaceutical, or
pharmaceutical companies for inclusion on the preferred drug list under the
state health benefit plan, the medical assistance program, the PeachCare for
Kids program, or any other health benefit plan or policy administered by or on
behalf of the state; to define certain terms; to provide for applicability; to
provide for related matters; to provide an effective date; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
5A of Title 31 of the Official Code of Georgia Annotated, relating to the
Department of Community Health, is amended by adding a new Code section to read
as follows:
"31-5A-8.
(a)
As used in this Code section, the term:
(1)
'Biopharmaceutical' means the application of biotechnology to the development of
pharmaceutical products that improve human health.
(2)
'Biotechnology' means any technological application that uses biological
systems, living organisms, or derivatives thereof to make or modify products or
processes for specific use.
(3)
'Georgia biotechnology, biopharmaceutical, or pharmaceutical company' means a
biotechnology, biopharmaceutical, or pharmaceutical company, or a corporate
division of such a company:
(A)
The principal activity of which is research or development, manufacturing, or
sales of health care products in this state; and
(B)(i)
That had a total economic impact in this state of not less than $60 million
during the most recent taxable year;
(ii)
That has total capital investment in this state of not less than $100 million;
and
(iii)
That employs at least 200 Georgia citizens. Such term shall not mean a warehouse
used to store health care products.
(4)
'Pharmaceutical' means of or pertaining to the knowledge or art of pharmacy or
to the art of preparing medicines according to the rules or formulas of
pharmacy.
(5)
'Research and development' means experimental or laboratory activity for the
ultimate purpose of developing new products, improving existing products,
developing new uses for existing products, or developing or improving methods
for producing products.
(6)
'Total economic impact' means the sum of total employee payroll, investment in
external research and development, the value of prescription drug samples
provided to physicians, and the value of prescription drugs donated to low
income individuals through patient assistance programs.
(b)
The Department of Community Health shall expedite the review of any prescription
drug or other health care product having an approved indication from the federal
Food and Drug Administration for use with humans and that is produced by a
Georgia biotechnology, biopharmaceutical, or pharmaceutical company for any
health care coverage provided under the state health benefit plan under Article
1 of Chapter 18 of Title 45, the medical assistance program under Article 7 of
Chapter 4 of Title 49, the PeachCare for Kids program under Article 13 of
Chapter 5 of Title 49, or any other health benefit plan or policy administered
by or on behalf of the state. Such review shall take place as soon as
practicable following the date that such drug or health care product becomes
available for public consumption. This subsection shall apply to all contracts
entered into or renewed by the Department of Community Health on or after July
1, 2008.
(c)
In complying with the provisions of this Code section, the department shall
consider the nexus of a biotechnology, biopharmaceutical, or pharmaceutical
company in relation to the state along with the financial impact on the state,
the quality of the product, and other relevant factors."
SECTION
2.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.