HB-4559, As Passed House, May 18, 2005

SUBSTITUTE FOR

HOUSE BILL NO. 4559

     A bill to amend 1978 PA 368, entitled

"Public health code,"

(MCL 333.1101 to 333.25211) by adding section 9721.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 9721. (1) The department of attorney general

shall create and operate a prescription drug website to educate

consumers about the price of prescription drugs and to provide

links to other helpful websites including, but not limited to,

those websites that may assist and educate consumers on the

availability of public and private programs that offer access to

discounted or free prescription drugs in compliance with federal

and state rules and regulations.

     (2) The department of attorney general, in consultation with

the department, shall include all of the following on the

prescription drug website:

     (a) A list of the 25 most commonly prescribed medications as

reported by this state's medical assistance program.

     (b) The usual and customary price of the 25 most commonly

prescribed medications identified under subdivision (a).

     (c) A minimum of 5 links to other websites as described in

subsection (1).

     (d) The department's toll-free telephone number created under

section 9723.

     (3) The department of attorney general has the sole discretion

of authority to determine which information shall be made available

to the public through the prescription drug website created

pursuant to this section.

     (4) At least once a month, the department shall obtain from

the person that the department has contracted to serve as its

pharmacy benefits manager for this state's medical assistance

program the usual and customary drug price as reported for the 25

most commonly prescribed drugs identified pursuant to subsection

(2)(a) to that pharmacy benefits manager by each pharmacy that

fills or refills a prescription under this state's medical

assistance program. The department shall provide the department of

attorney general with a copy, written or electronic, of this

information. From the information obtained under this subsection,

the department of attorney general shall only include on its

website the usual and customary price of the 25 most commonly

prescribed drugs from all pharmacies that have filled or refilled a

prescription under this state's medical assistance program.

     (5) Subsection (4) does not require a pharmacy that fills or

refills a prescription under this state's medical assistance

program to provide any additional information than that currently

being reported by the pharmacy to the person that the department

has contracted to serve as its pharmacy benefits manager for this

state's medical assistance program.

     (6) As used in this section, "usual and customary price" means

that price that is comparable to what a pharmacy would charge a

cash-paying customer without insurance. Usual and customary price

does not include discounts, special promotions, or other programs

initiated to reduce prices for product costs available to the

general public or to a special population.

     Enacting section 1.  This amendatory act does not take effect

unless House Bill No. 4037 of the 93rd Legislature is enacted into

law.