HB 540-FN-A - AS INTRODUCED

2001 SESSION

01-0811

01/09

HOUSE BILL 540-FN-A

AN ACT relative to prescription benefit management companies and continually appropriating a special fund.

SPONSORS: Rep. Wendelboe, Belk 2

COMMITTEE: Health, Human Services and Elderly Affairs

ANALYSIS

This bill requires the department of health and human services to assess a 3 percent fee on the gross sales in New Hampshire of any prescription benefit management company doing business in New Hampshire. The proceeds from the fee are to be placed into a fund which is to be administered by the department of health and human services for the purposes of providing prescription drugs for low-income and uninsured persons. The commissioner of health and human services is granted rulemaking authority for the purposes of the bill.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01-0811

01/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand One

AN ACT relative to prescription benefit management companies and continually appropriating a special fund.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Chapter; Prescription Drug Benefit Program. Amend RSA by inserting after chapter 126-O the following new chapter:

CHAPTER 126-P

PRESCRIPTION DRUG BENEFIT PROGRAM

126-P:1 Definitions. In this chapter:

I. "Commissioner" means the commissioner of the department of health and human services.

II. "Department" means the department of health and human services.

III. "Fund" means the prescription drug benefit fund, established under RSA 126-3.

126-P:2 Program Established; Rulemaking.

I. There is established the prescription drug benefit program for low income and uninsured persons which shall be administered by the department. The department shall make available to low-income and uninsured persons moneys from the fund, established under RSA 126-P:3, for the purposes of providing prescription drugs to such persons. Moneys from the fund shall not be issued for pharmaceuticals which are covered under medicaid.

II. The commissioner shall adopt rules pursuant to RSA 541-A, relative to:

(a) Eligibility requirements and an application process for assistance from the fund.

(b) Method of assessing and collecting the fee on prescription benefit management companies doing business in New Hampshire.

(c) Administration of the fund.

(d) Any other matter necessary to the administration of this chapter.

126-P:3 Prescription Drug Benefit Fund Established. There is hereby established in the office of the state treasurer a fund to be known as the prescription drug benefit fund. The fund shall be capitalized by a 3 percent assessment on the gross sales in New Hampshire of prescription benefit management companies doing business in New Hampshire. The fund shall be administered by the commissioner. Moneys in this fund shall be nonlapsing and continually appropriated to the department. The fund shall be used for providing assistance to low-income and uninsured persons.

126-P:4 Applicability. The fee assessed under this chapter on prescription benefit management companies doing business in New Hampshire shall not be passed on by such company to pharmacies.

2 Effective Date. This act shall take effect July 1, 2001.

LBAO

01-0811

2/5/01

HB 540-FN-A - FISCAL NOTE

AN ACT relative to prescription benefit management companies and continually appropriating a special fund.

FISCAL IMPACT:

The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill as it is awaiting information from an agency.