08 LC 33
2566S
House
Bill 180 (RULES COMMITTEE SUBSTITUTE)
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 ensure that certain prescription drugs or other health
care products produced by Georgia biotechnology, biopharmaceutical, or
pharmaceutical companies shall be automatically included 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 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 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, 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 ensure that 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 be
automatically included on the preferred drug list 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; provided, however, that this subsection shall not be construed to
preclude the department or its contractors from negotiating prices for such
drugs or health care products. This subsection shall apply to all contracts
entered into or renewed by the Department of Community Health on or after July
1, 2008.
(c)
This Code section shall not apply to Schedule II, IV, or V controlled
substances, as defined in Article 2 of Chapter 13 of Title 16; prescription
drugs or health care products used for cosmetic purposes; or lifestyle drugs, as
defined by the Department of Community Health."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.