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