07 LC
25 4668
House
Bill 180
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 certain
prescription drugs and other health care products sold by Georgia biotechnology,
biopharmaceutical, or pharmaceutical companies shall not be subject to certain
access restrictions or supplemental rebates for purposes of coverage under the
state health benefit plan, medical assistance program, PeachCare for Kids, or
any other health benefit plan or policy administered by or on behalf of the
state; to define certain terms; 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-7.
(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 and 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; or
(ii)
That has total capital investment in this state of not less than $100
million.
(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, rebates paid to the state Medicaid program,
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)
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 shall not be subject to any access restriction such as a preferred drug
list, prior approval, or step therapy or supplemental rebates by the Department
of Community Health for purposes of coverage 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."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.