Legal Era Nov 2017 | Page 11

International 11
DRUG TRANSPARENCY BILL SIGNED BY CALIFORNIA GOVERNOR
SUIT FILED AGAINST TRUMP’ S ADMINISTRATION OVER BIRTH CONTROL REGULATIONS

International 11

DRUG TRANSPARENCY BILL SIGNED BY CALIFORNIA GOVERNOR

Wednesday, October 11, 2017
On October 9, Jerry Brown, California Governor, signed a bill aimed at making drug prices for both public and private health plans more transparent.
The California Office of Statewide Health Planning and Development, beginning October 1, 2018, will be needed to collect data from manufacturers and report to the California Research Bureau, mentioning changes in manufacturing and distribution, including increased drug prices. For all prescription drugs, Senate Bill No. 17 requires all qualified pharmacies to report,( 1)“ the 25 most frequently prescribed drugs;”( 2)“ the 25 most costly drugs by total annual plan spending;” and( 3)“ the 25 drugs with the highest year-over-year increase in total annual plan spending.”
Upon allowing legislators to review the impact of drug costs on healthcare premiums in California, information from health plans and insurers will be gathered and reported to California’ s Congress. Primarily, the bill targets large and highly profitable manufacturers by imposing on them strict reporting responsibility:

SUIT FILED AGAINST TRUMP’ S ADMINISTRATION OVER BIRTH CONTROL REGULATIONS

Thursday, October 12, 2017
A manufacturer of a prescription drug with a wholesale acquisition cost of more than forty dollars($ 40) for a course of therapy shall notify each [ qualified ] purchaser if the increase in the wholesale acquisition cost of a prescription drug is more than 16 percent, including the proposed increase and the cumulative increases that occurred within the previous two calendar years prior to the current year. The notice required by subdivision( a) shall be provided in writing, at least 60 days prior to the planned effective date of the increase.
Attorney General Bob Ferguson contends that the administration’ s action violates both, the First and Fifth Amendment.
The Establishment Clause of the First Amendment stops an individual from imposing their religion on those who do not hold the same beliefs, according to the complaint.
The complaint further states that, as only women may have their contraception coverage denied, the action violates the Equal Protection Clause of the Fifth Amendment.
On October 9, Washington’ s attorney general reported that he would sue President Trump’ s administration over its rollback of an ObamaCare requirement that employers include birth control coverage in their health insurance plans.
“ President Trump’ s contraception rules are unfair, unlawful, and unconstitutional,” Attorney General Bob Ferguson said in a statement.“ I refuse to let President Trump disregard our laws and our constitution in an effort to deny women access to contraception.”
The provisions of the Affordable Care Act( ACA), which guarantees contraception coverage at no additional cost to any patient, are also desecrated, contended Ferguson. Furthermore, he mentions that, ACA prohibits any regulation that:
Creates any unreasonable barrier to the ability of individuals to obtain appropriate medical care,... impedes timely access to health care services,... or limits the availability of health care treatment for the full duration of a patient’ s medical needs.
Ferguson asserts the Trump administration violated these provisions by granting employers the right to deny coverage.
www. legaleraonline. com | Legal Era | November 2017