Vermont H 611: An act relating to flag displays at public schools

Bill Text

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No. 120. An act relating to miscellaneous provisions affecting the
Department of Vermont Health Access.
(H.611)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 18 V.S.A. § 4635 is amended to read:
§ 4635. PRESCRIPTION DRUG COST TRANSPARENCY
(a) As used in this section:
(1) “Health insurer” means a health insurer, as defined in section 9402
of this title, with more than 5,000 covered lives in this State for major medical
health insurance, as defined in 8 V.S.A. § 4011. The term does not include
Vermont Medicaid.
(2) “Manufacturer” shall have has the same meaning as “pharmaceutical
manufacturer” in section 4631a of this title.
(2)(3) “Prescription drug” means a drug as defined in 21 U.S.C. § 321.
(b)(1)(A) The Department of Vermont Health Access shall create annually
a list of 10 prescription drugs on which the State spends significant health care
dollars and for which the wholesale acquisition cost has increased by 50
percent or more over the past five years or by 15 percent or more during the
previous calendar year, creating a substantial public interest in understanding
the development of the drugs’ pricing. The list shall include at least one
generic and one brand-name drug and shall indicate each of the drugs on the
list that the Department considers to be specialty drugs. The Department shall
include the percentage of the wholesale acquisition cost increase for each drug

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on the list; rank the drugs on the list from those with the largest increase in
wholesale acquisition cost to those with the smallest increase; indicate whether
each drug was included on the list based on its cost increase over the past five
years or during the previous calendar year, or both; and provide the
Department’s total expenditure for each drug on the list during the most recent
calendar year.
(B) The Department of Vermont Health Access shall create annually
a list of 10 prescription drugs on which the State spends significant health care
dollars and for which the cost to the Department of Vermont Health Access,
net of rebates and other price concessions, has increased by 50 percent or more
over the past five years or by 15 percent or more during the previous calendar
year, creating a substantial public interest in understanding the development of
the drugs’ pricing. The list shall include at least one generic and one brand-
name drug and shall indicate each of the drugs on the list that the Department
considers to be specialty drugs. The Department shall rank the drugs on the
list from those with the greatest increase in net cost to those with the smallest
increase and indicate whether each drug was included on the list based on its
cost increase over the past five years or during the previous calendar year, or
both.
(C)(i) Each health insurer with more than 5,000 covered lives in this
State for major medical health insurance shall create annually a list of 10
prescription drugs on which its health insurance plans spend significant

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amounts of their premium dollars and for which the cost to the plans, net of
rebates and other price concessions, has increased by 50 percent or more over
the past five years or by 15 percent or more during the previous calendar year,
or both, creating a substantial public interest in understanding the development
of the drugs’ pricing. The list shall include at least one generic and one brand-
name drug and shall indicate each of the drugs on the list that the health insurer
considers to be specialty drugs. The health insurer shall rank the drugs on the
list from those with the greatest increase in net cost to those with the smallest
increase and indicate whether each drug was included on the list based on its
cost increase over the past five years or during the previous calendar year, or
both.
(ii)(B) Each health insurer creating a list pursuant to subdivision
(i)(A) of this subdivision (b)(1)(C) shall provide to the Office of the Attorney
General the percentage by which the net cost to its plans increased over the
applicable period or periods for each drug on the list, as well as the insurer’s
total expenditure, net of rebates and other price concessions, for each drug on
the list during the most recent calendar year. Information provided to the
Office of the Attorney General pursuant to this subdivision (b)(1)(C)(ii)(B) is
exempt from public inspection and copying under the Public Records Act and
shall not be released.
(2) The Department of Vermont Health Access and the health insurers
shall provide to the Office of the Attorney General and the Green Mountain

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Care Board the lists of prescription drugs developed pursuant to subdivisions
(1)(A), (B), and (C)(i) subdivision (1) of this subsection annually on or before
June 1. The Office of the Attorney General and the Green Mountain Ca