PRINTER'S NO. 624
No. 444 Session of 2001
INTRODUCED BY WALKO, SOLOBAY, SHANER, LESCOVITZ, WOJNAROSKI,
LAUGHLIN, DeWEESE, COSTA, CALTAGIRONE, STABACK, YOUNGBLOOD,
TRELLO, PISTELLA, YUDICHAK, PETRARCA, STURLA, BELARDI,
MANDERINO, MELIO, VEON, STEELMAN AND FREEMAN,
FEBRUARY 8, 2001
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES,
FEBRUARY 8, 2001
AN ACT
1 Providing for programs for prescription drug price reduction in
2 this Commonwealth; and providing for a penalty.
3 TABLE OF CONTENTS
4 Chapter 1. Preliminary Provisions.
5 Section 101. Short title.
6 Section 102. Legislative findings.
7 Section 103. Legislative intent.
8 Section 104. Definitions.
9 Chapter 3. Prescription Drug Price Reduction.
10 Section 301. Pennsylvania Prescription Drug Advisory
11 Commission.
12 Section 302. Emergency drug pricing.
13 Section 303. Appeals by retailer.
14 Chapter 5. Pennsylvania Rx Program.
15 Section 501. Pennsylvania Rx Program.
16 Section 502. Rebate agreement.
1 Section 503. Rebate amount.
2 Section 504. Discounted prices for qualified residents.
3 Section 505. Operation of program.
4 Section 506. Action with regard to nonparticipating
5 manufacturers and labelers.
6 Section 507. Discrepancies in rebate amounts.
7 Section 508. Pennsylvania Rx Fund.
8 Section 509. Annual summary report.
9 Section 510. Obligations of department.
10 Section 511. Contracting.
11 Section 512. Medical assistance programs.
12 Section 513. Rules and regulations.
13 Section 514. Waivers.
14 Chapter 7. Profiteering in Prescription Drugs.
15 Section 701. Profiteering in prescription drugs.
16 Section 702. Investigation by Attorney General.
17 Section 703. Agreements with governments of other jurisdictions
18 and other entities.
19 Chapter 49. Miscellaneous Provisions.
20 Section 4901. Appointments and first meeting of Pennsylvania
21 Prescription Drug Advisory Commission.
22 Section 4902. Effective date.
23 The General Assembly of the Commonwealth of Pennsylvania
24 hereby enacts as follows:
25 CHAPTER 1
26 PRELIMINARY PROVISIONS
27 Section 101. Short title.
28 This act shall be known and may be cited as the Prescription
29 Drug Price Reduction Act.
30 Section 102. Legislative findings.
20010H0444B0624 - 2 -
1 The General Assembly hereby finds that:
2 (1) Pharmaceutical companies are charging the citizens
3 of Pennsylvania excessive prices for prescription drugs,
4 denying them access to medically necessary health care and
5 threatening their health and safety. Many Pennsylvania
6 citizens are admitted to or treated at hospitals each year
7 because they cannot afford the drugs prescribed for them that
8 could have prevented the need for hospitalization. Many
9 others must enter expensive institutional care settings
10 because they cannot afford the necessary prescription drugs
11 that could have supported them outside of an institution. All
12 Pennsylvania citizens are threatened by the possibility that,
13 when they need medically necessary prescription drugs most,
14 they may be unable to afford their doctor's recommended
15 treatment.
16 (2) Citizens of Pennsylvania and other Americans pay the
17 highest prices in the world for prescription drugs, prices
18 that result in extremely high profits for pharmaceutical
19 companies.
20 (3) Prescription drug costs represent the fastest
21 growing item in health care and are a driving force in
22 rapidly increasing hospital costs and insurance rates.
23 (4) Excessive pricing for prescription drugs threatens
24 Pennsylvania's ability to assist with the health care costs
25 of its citizens, undermines the financial capacity of
26 Pennsylvania communities to meet the educational needs of its
27 children, hurts the ability of the business community to
28 provide health insurance coverage to Pennsylvania's work
29 force and has a negative effect on its economy. The General
30 Assembly finds that affordability is critical in providing
20010H0444B0624 - 3 -
1 access to prescription drugs for Pennsylvania residents.
2 Section 103. Legislative intent.
3 The General Assembly finds and declares as follows:
4 It is the intent of the General Assembly to provide access
5 for all Pennsylvania citizens to medically necessary
6 prescription drugs at the lowest possible prices.
7 Section 104. Definitions.
8 The following words and phrases when used in this act shall
9 have the meanings given to them in this section unless the
10 context clearly indicates otherwise:
11 "Average wholesale price." The wholesale price charged on a
12 specific commodity that is assigned by the drug manufacturer and
13 is listed in a nationally recognized drug pricing file.
14 "Commission." The Pennsylvania Prescription Drug Advisory
15 Commission.
16 "Department." The Department of Health of the Commonwealth.
17 "Director." The director of the Pennsylvania Prescription
18 Drug Advisory Commission.
19 "Federal supply schedule." The price catalog containing
20 goods available for purchase by Federal agencies. Drug prices on
21 the Federal supply schedule are negotiated by the Department of
22 Veterans Affairs and are the best publicly available indicator
23 of the prices drug companies charge favored customers.
24 "Fund." The Pennsylvania Rx Fund.
25 "Initial discounted price." A price that is less than or
26 equal to the average wholesale price, minus 6%, plus any
27 dispensing fee provided under the Medicaid program.
28 "Labeler." A entity or person that receives prescription
29 drugs from a manufacturer or wholesaler and repackages those
30 drugs for later retail sale and that has a labeler code from the
20010H0444B0624 - 4 -
1 Federal Food and Drug Administration under 21 CFR § 207.20
2 (relating to who must register and submit a drug list).
3 "Manufacturer." A manufacturer of prescription drugs and
4 includes a subsidiary or affiliate of a manufacturer.
5 "Medicaid program." The medical assistance program
6 established and operated by the Department of Public Welfare
7 pursuant to Subarticle (f) of Article IV of the act of June 13,
8 1967 (P.L.31, No.21), known as the Public Welfare Code.
9 "PACE program." The Pharmaceutical Assistance Contract for
10 the Elderly program provided for in Chapter 5 of the act of
11 August 26, 1971 (P.L.351, No.91), known as the State Lottery
12 Law.
13 "PACENET program." The Pharmaceutical Assistance Contract
14 for the Elderly Needs Enhancement Tier program provided for in
15 Chapter 5 of the act of August 26, 1971 (P.L.351, No.91), known
16 as the State Lottery Law.
17 "Participating retail pharmacy" or "retail pharmacy." A
18 retail pharmacy located in this Commonwealth, or another
19 business licensed to dispense prescription drugs in this
20 Commonwealth, that participates in the Pennsylvania Rx Program
21 and that provides discounted prices to residents as provided in
22 section 504.
23 "Pharmacy benefit manager." An entity that procures
24 prescription drugs at a negotiated rate under a contract.
25 "Prescription drug." A legend drug, insulin, an insulin
26 syringe or an insulin needle eligible for which a prescription
27 is required.
28 "Program." The Pennsylvania Rx Program.
29 "Qualified resident." A resident of this Commonwealth who
30 has obtained from the Department of Health a Pennsylvania Rx
20010H0444B0624 - 5 -
1 enrollment card.
2 "Secondary discounted price." A price that is equal to or
3 less than the initial discounted price minus the amount of any
4 rebate paid by the Commonwealth to the participating retail
5 pharmacy.
6 "Secretary." The Secretary of Health of the Commonwealth.
7 "State-sponsored program." The PACE and PACENET program, the
8 medical assistance program, the Pennsylvania Employee Benefit
9 Trust Fund, the State Employees' Retirement System, the Public
10 School Employees' Retirement System or any other State agency or
11 designated pharmaceutical program that purchases or arranges for
12 the purchase of prescription medications.
13 CHAPTER 3
14 PRESCRIPTION DRUG PRICE REDUCTION
15 Section 301. Pennsylvania Prescription Drug Advisory
16 Commission.
17 (a) Establishment.--The Pennsylvania Prescription Drug
18 Advisory Commission is hereby established. The commission shall
19 consist of the following 12 members:
20 (1) Three members of the public, appointed by the
21 President pro tempore of the Senate, one of whom must
22 represent the interests of senior citizens.
23 (2) Three members of the public, appointed by the
24 Speaker of the House of Representatives, one of whom must
25 represent the interests of senior citizens.
26 (3) Two members of the health care community who are
27 authorized by the laws of this Commonwealth to prescribe
28 drugs, appointed by the Governor.
29 (4) Two pharmacists, appointed by the Governor. To be
30 appointed to and remain on the commission, each pharmacist
20010H0444B0624 - 6 -
1 must:
2 (i) Be licensed to practice pharmacy and be engaged
3 in the practice of retail pharmacy in this Commonwealth.
4 (ii) Have at least five years of experience in this
5 Commonwealth as a licensed pharmacist.
6 (iii) Be a resident of this Commonwealth.
7 (5) The secretary and the Secretary of the Commonwealth
8 or their designees, both of whom shall serve as ex officio,
9 nonvoting members.
10 (b) Terms.--Members of the board serve for terms of three
11 years and may be reappointed for a second term. Members shall
12 serve until their successor is qualified.
13 (c) Meetings.--The board shall meet at lease once per month.
14 All meetings shall be subject to 65 Pa.C.S. Ch. 7 (relating to
15 open meetings).
16 (d) Duties.--The duties of the commission shall include, but
17 not be limited to, the following:
18 (1) To review access to prescription drugs for residents
19 of this Commonwealth including, but not limited to, pricing
20 and affordability information.
21 (2) To advise the secretary on access to prescription
22 drugs and prescription drug prices, including, but not
23 limited to:
24 (i) Insurance and third-party payments for
25 prescription drugs.
26 (ii) The need for maximum retail prices.
27 (iii) If maximum retail prices are established, the
28 procedures for adoption and periodic review of maximum
29 retail prices.
30 (iv) The procedures for establishing maximum retail
20010H0444B0624 - 7 -
1 prices for new prescription drugs and for reviewing
2 maximum retail prices of selected drugs.
3 (v) The procedures for phasing out or terminating
4 maximum retail prices.
5 (3) To advise the secretary on the adoption of rules
6 necessary to implement this chapter.
7 (4) To report to the secretary, the General Assembly and
8 the Governor by April 1, 2002, and annually thereafter by the
9 second week in January, any recommendations for action
10 regarding access to and the pricing of the prescription
11 drugs.
12 (e) Director; staffing.--The secretary shall appoint a
13 director who shall perform the duties delegated by the
14 commission, including the administration of staff assigned to
15 the commission. The department shall provide appropriate levels
16 of staffing to assist the commission.
17 (f) Cooperation.--In performing its duties, the commission
18 shall cooperate and work with the department, the Department of
19 Aging, the Department of Revenue, the Department of State and
20 the Department of Public Welfare, the Secretary of
21 Administration, the State Employees' Retirement Board, the
22 Public School Employees' Retirement Board, the State Board of
23 Pharmacy and the Bureau of Professional and Occupational
24 Affairs.
25 Section 302. Emergency drug pricing.
26 (a) Emergency drug pricing procedures.--The following
27 provisions apply to determinations regarding maximum retail
28 prices for prescription drugs and to the procedures for
29 establishing those prices.
30 (1) By July 1, 2003, the department shall adopt rules
20010H0444B0624 - 8 -
1 and regulations establishing the procedures for adoption and
2 periodic review of maximum retail prices, the procedures for
3 establishing maximum retail prices for new prescription drugs
4 and for reviewing maximum retail prices of selected drugs and
5 the procedures for phasing out or terminating maximum retail
6 prices. The secretary shall consult with and consider the
7 recommendations of the commission regarding the rules prior
8 to adopting rules pursuant to this subsection.
9 (2) By January 5, 2004, the secretary shall determine
10 whether the cost of prescription drugs provided to qualified
11 residents under the Pennsylvania Rx Program is reasonably
12 comparable to the lowest cost paid for the same drugs
13 delivered or dispensed in this Commonwealth. In making this
14 determination the following provisions shall apply:
15 (i) The secretary shall review prescription drug use
16 in the Medicaid program using data from the most recent
17 six-month period for which data is available.
18 (ii) The secretary shall determine the 100 drugs for
19 which the most units were provided and the 100 drugs for
20 which the total cost was the highest, using the data
21 reviewed in subparagraph (i).
22 (iii) The secretary shall determine the cost of each
23 prescription drug listed in subparagraph (ii) for
24 qualified residents provided those drugs under the
25 Pennsylvania Rx Program on a certain date. The average
26 cost for each such drug must be calculated.
27 (iv) The secretary shall determine the lowest cost
28 of each prescription drug listed in subparagraph (ii)
29 paid by any purchaser on the date that is used for
30 subparagraph (iii) delivered or dispensed in this
20010H0444B0624 - 9 -
1 Commonwealth, taking into consideration the Federal
2 supply schedule and prices paid by pharmaceutical
3 benefits managers and by large purchasers and excluding
4 drugs purchased through the Pennsylvania Rx Program. The
5 average cost for each such drug must be calculated.
6 (v) The secretary shall establish maximum retail
7 prices for any or all prescription drugs sold in this
8 Commonwealth if the average cost for one or more
9 prescription drugs under the Pennsylvania Rx Program as
10 determined in subparagraph (iii) is not reasonably
11 comparable to the average lowest cost for the same drug
12 or drugs as determined in subparagraph (iv). Maximum
13 prescription drug prices established under this
14 subparagraph must take effect July 1, 2004.
15 (3) In establishing maximum retail prices under this
16 paragraph, the secretary shall consider the advice of the
17 commission and shall follow procedures set forth by rules and
18 regulations adopted by the department.
19 (b) Select prescription drugs.--In making a determination
20 under this section, the secretary may rely on pricing
21 information on a selected number of prescription drugs if that
22 list is representative of the prescription drug needs of the
23 residents of this Commonwealth and is made public as part of the
24 process of establishing maximum retail prices.
25 (c) Public health or welfare.--The secretary may take
26 actions that the secretary determines necessary if there is a
27 severe limitation or shortage of or lack of access to
28 prescription drugs in this Commonwealth that could threaten or
29 endanger the public health or welfare.
30 Section 303. Appeals by retailer.
20010H0444B0624 - 10 -
1 (a) Appeals.--A retailer of prescription drugs may appeal
2 the maximum retail price of a prescription drug established
3 pursuant to this section to the secretary.
4 (b) Commonwealth court.--Rulings on appeals by the
5 commission may be appealed to the Commonwealth Court.
6 (c) Effect of appeal.--The filing of an appeal shall not
7 delay the implementation of the maximum price imposed by the
8 commission.
9 (d) Enforcement.--A violation of the maximum retail prices
10 established under this section shall be deemed a violation of
11 the act of December 17, 1968 (P.L.1224, No.387), known as the
12 Unfair Trade Practices and Consumer Protection Law.
13 CHAPTER 5
14 PENNSYLVANIA RX PROGRAM
15 Section 501. Pennsylvania Rx Program.
16 (a) Establishment.--The Pennsylvania Rx Program is
17 established to reduce prescription drug prices for residents of
18 this Commonwealth. The program is designed for the Commonwealth
19 to utilize manufacturer rebates and pharmacy discounts to reduce
20 prescription drug prices. In implementing the program, the
21 Commonwealth shall serve as a pharmacy benefit manager in
22 establishing rebates and discounts on behalf of qualified
23 residents.
24 (b) Goals.--The General Assembly finds that affordability is
25 critical in providing access to prescription drugs for
26 Commonwealth residents. This chapter is enacted by the General
27 Assembly to enable the Commonwealth to act as a pharmacy benefit
28 manager in order to make prescription drugs more affordable for
29 qualified Commonwealth residents, thereby increasing the overall
30 health of Commonwealth residents, promoting healthy communities
20010H0444B0624 - 11 -
1 and protecting the public health and welfare. It is not the
2 intention of the Commonwealth to discourage employers from
3 offering or paying for prescription drug benefits for their
4 employees or to replace employer-sponsored prescription drug
5 benefit plans that provide benefits comparable to those made
6 available to qualified Commonwealth residents under this
7 chapter.
8 Section 502. Rebate agreement.
9 A drug manufacturer or labeler that sells prescription drugs
10 in this Commonwealth through a State-sponsored program shall
11 enter into a rebate agreement with the department for this
12 program. The rebate agreement must require the manufacturer or
13 labeler to make rebate payments to the Commonwealth each
14 calendar quarter or according to a schedule established by the
15 department.
16 Section 503. Rebate amount.
17 The secretary shall negotiate the amount of the rebate
18 required from a manufacturer or labeler in accordance with this
19 section, taking into consideration:
20 (1) The rebate calculated under the Medicaid Rebate
21 Program pursuant to 42 U.S.C. § 1396r-8, the average
22 wholesale price of prescription drugs and any other
23 information on prescription drug prices and price discounts.
24 (2) Obtaining an initial rebate amount equal to or
25 greater than the rebate calculated under the Medicaid Rebate
26 Program pursuant to 42 U.S.C. § 1396r-8.
27 (3) Obtaining an amount equal to or greater than the
28 amount of any discount, rebate or price reduction for
29 prescription drugs provided to the Federal Government with
30 respect to the rebate taking effect no later than October 1,
20010H0444B0624 - 12 -
1 2001.
2 Section 504. Discounted prices for qualified residents.
3 (a) Discount.--Any participating retail pharmacy that sells
4 prescription drugs covered by a rebate agreement pursuant to
5 section 502 shall discount the retail price of those drugs sold
6 to qualified residents.
7 (b) Establishment.--The department shall establish
8 discounted prices for drugs covered by a rebate agreement and
9 shall promote the use of efficacious and reduced-cost drugs,
10 taking into consideration reduced prices for Commonwealth and
11 federally capped drug programs, differential dispensing fees,
12 administrative overhead and incentive payments.
13 (c) Initial discounted price.--A participating retail
14 pharmacy shall offer the initial discounted price beginning
15 January 1, 2002.
16 (d) Secondary discounted price.--A participating retail
17 pharmacy shall offer the secondary discounted price no later
18 than October 1, 2002.
19 (e) Amount of discounted prices.--The department shall
20 consider an average of all rebates provided pursuant to section
21 503, weighted by sales of drugs subject to these rebates over
22 the most recent 12-month period for which the information is
23 available in determining the amount of discounted prices.
24 Section 505. Operation of program.
25 (a) Requirements.--The requirements of this section shall
26 apply to participating retail pharmacies.
27 (b) Disclosure.--The State Board of Pharmacy shall adopt
28 rules and regulations requiring disclosure by participating
29 retail pharmacies to qualified residents of the amount of
30 savings provided as a result of the program. The rules must
20010H0444B0624 - 13 -
1 consider and protect information that is proprietary in nature.
2 (c) Charges.--The department may not impose transaction
3 charges under this program on retail pharmacies that submit
4 claims or receive payments under the program.
5 (d) Verification.--A participating retail pharmacy shall
6 submit claims to the department to verify the amount charged to
7 qualified residents under section 504.
8 (e) Reimbursement.--The department must reimburse a
9 participating retail pharmacy for discounted prices provided to
10 qualified residents under section 504 and professional fees on a
11 weekly or biweekly basis, which must be set by the secretary.
12 The amount of the initial professional fee must be set at $3 per
13 prescription.
14 (f) Confidentiality.--The department shall collect
15 utilization data from the participating retail pharmacies
16 submitting claims necessary to calculate the amount of the
17 rebate from the manufacturer or labeler. The department shall
18 protect the confidentiality of all information subject to
19 confidentiality protection under Federal or State law.
20 Section 506. Action with regard to nonparticipating
21 manufacturers and labelers.
22 The names of manufacturers and labelers who do not enter into
23 rebate agreements pursuant to this chapter are public
24 information. The department shall release this information to
25 health care providers and the public. The department shall
26 impose prior authorization requirements in the Medicaid program,
27 as permitted by law, for the dispensing of prescription drugs
28 provided by those manufacturers and labelers.
29 Section 507. Discrepancies in rebate amounts.
30 Discrepancies in rebate amounts shall be resolved using the
20010H0444B0624 - 14 -
1 process established in this section:
2 (1) If there is a discrepancy in the manufacturer's or
3 labeler's favor between the amount claimed by a pharmacy and
4 the amount rebated by the manufacturer or labeler, the
5 department, at the department's expense, may hire a mutually
6 agreed-upon independent auditor. If a discrepancy still
7 exists following the audit, the manufacturer or labeler shall
8 justify the reason for the discrepancy or make payment to the
9 department for any additional amount due.
10 (2) If there is a discrepancy against the interest of
11 the manufacturer or labeler in the information provided by
12 the department to the manufacturer or labeler regarding the
13 manufacturer's or labeler's rebate, the manufacturer or
14 labeler, at the manufacturer's or labeler's expense, may hire
15 a mutually agreed-upon independent auditor to verify the
16 accuracy of the data supplied to the department. If a
17 discrepancy still exists following the audit, the department
18 shall justify the reason for the discrepancy or refund to the
19 manufacturer any excess payment made by the manufacturer or
20 labeler.
21 Section 508. Pennsylvania Rx Fund.
22 (a) Establishment.--The Pennsylvania Rx Fund is established
23 to receive revenue from manufacturers and labelers who pay
24 rebates as provided in section 502 and any appropriations or
25 allocations designated for the fund.
26 (b) Purposes.--The purposes of the fund are to:
27 (1) Reimburse retail pharmacies for discounted prices
28 provided to qualified residents pursuant to section 504.
29 (2) Reimburse the department for contracted services,
30 administrative and associated computer costs, professional
20010H0444B0624 - 15 -
1 fees paid to participating retail pharmacies and other
2 reasonable program costs.
3 (3) Benefit the PACE and PACENET programs.
4 Section 509. Annual summary report.
5 The department shall report the enrollment and financial
6 status of the program to the General Assembly by the second week
7 in January each year.
8 Section 510. Obligations of department.
9 The department shall establish simplified procedures for
10 determining eligibility and issuing Pennsylvania Rx enrollment
11 cards to qualified residents and shall undertake outreach
12 efforts to build public awareness of the program and maximize
13 enrollment of qualified residents. The department may adjust the
14 requirements and terms of the program to accommodate any new
15 federally funded prescription drug programs.
16 Section 511. Contracting.
17 The department may contract with a third party or third
18 parties to administer any or all components of the program,
19 including, but not limited to, outreach, eligibility, claims,
20 administration and rebate recovery and redistribution.
21 Section 512. Medical assistance programs.
22 The department shall administer the program and other medical
23 and pharmaceutical assistance programs in a manner that is
24 advantageous to the programs and to the enrollees in those
25 programs. In implementing this section, the department may
26 coordinate the other programs and this program and may take
27 actions to enhance efficiency, reduce the cost of prescription
28 drugs and maximize the benefits to the programs and enrollees,
29 including providing the benefits of this program to enrollees in
30 other programs.
20010H0444B0624 - 16 -
1 Section 513. Rules and regulations.
2 The department shall adopt rules and regulations to implement
3 this section.
4 Section 514. Waivers.
5 The department may seek any waivers of Federal law, rule or
6 regulation necessary to implement the provision of this chapter.
7 CHAPTER 7
8 PROFITEERING IN PRESCRIPTION DRUGS
9 Section 701. Profiteering in prescription drugs.
10 (a) Profiteering.--A manufacturer, distributor or labeler of
11 prescription drugs engages in illegal profiteering if that
12 manufacturer, distributor or labeler:
13 (1) exacts or demands an unconscionable price;
14 (2) exacts or demands prices or terms that lead to any
15 unjust or unreasonable profit;
16 (3) discriminates unreasonably against any person in the
17 sale, exchange, distribution or handling of prescription
18 drugs dispensed or delivered in this Commonwealth; or
19 (4) intentionally prevents, limits, lessens or restricts
20 the sale or distribution of prescription drugs in this
21 Commonwealth in retaliation for the provisions of this
22 chapter.
23 (b) Right of action and damages.--The Commonwealth may bring
24 a civil action for a direct or indirect injury to any person,
25 group of persons, the Commonwealth or a political subdivision of
26 the Commonwealth caused by a violation of this chapter. If the
27 Commonwealth prevails, the defendant shall pay treble damages
28 and the costs of suit, including necessary and reasonable
29 investigative costs, reasonable expert fees and reasonable
30 attorney fees. Punitive damages may be awarded for a willful or
20010H0444B0624 - 17 -
1 repeated violation of this section. The damages must be
2 equitably distributed by the Commonwealth to all injured parties
3 after deductions of the costs of distribution.
4 (c) Civil violation.--Each violation of this section is a
5 civil violation for which the Attorney General may obtain, in
6 addition to other remedies, injunctive relief and a civil
7 penalty in an amount not to exceed $100,000, plus the costs of
8 suit, including necessary and reasonable investigative costs,
9 reasonable expert fees and reasonable attorney fees.
10 (d) Unfair trade practice.--A violation of this section
11 shall be deemed a violation of the act of December 17, 1968
12 (P.L.1224, No.387), known as the Unfair Trade Practices and
13 Consumer Protection Law.
14 Section 702. Investigation by Attorney General.
15 The Attorney General, upon the Attorney General's own
16 initiative or upon petition of the secretary or of 50 or more
17 residents of this Commonwealth, shall investigate suspected
18 violations of this chapter.
19 Section 703. Agreements with governments of other jurisdictions
20 and other entities.
21 The Commonwealth may negotiate and enter into purchasing
22 alliances and regional strategies with the governments of other
23 jurisdictions and with other public and private entities for the
24 purpose of reducing prescription drug prices for residents of
25 this Commonwealth.
26 CHAPTER 49
27 MISCELLANEOUS PROVISIONS
28 Section 4901. Appointments and first meeting of Pennsylvania
29 Prescription Drug Advisory Commission.
30 All appointments must be completed no later than 30 days
20010H0444B0624 - 18 -
1 following the effective date of this act. The director shall
2 call the first meeting of the commission within 30 days after
3 the appointments have been completed.
4 Section 4902. Effective date.
5 This act shall take effect in 60 days.
A8L35MSP/20010H0444B0624 - 19 -