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NLARx News
March 29, 2010
In This Issue
State RX Reform Update
More State News
Conference
Outrage of the Week
Health Reform
Conflict of Interest
Spotlight on Avandia
Pharmaceutical Pricing
Advertising & Marketing
Pharma and Facebook
Pharma Watch
PBM Watch
Patents & Generics
Medicare & Medicaid
Safety & Clinical Trials
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State Update: Prescription Drug Reform Legislation in 2010

Regulatory Oversight of Pharmacy Benefit Managers:
In 2010, legislators in Arizona (HB 2272) and Iowa (SB 20171) have introduced comprehensive PBM oversight (mirroring PSN model legislation).  Vermont has a comprehensive bill, H.591 to strengthen existing PBM transparency law.  Alaska, Georgia, Massachusetts, Michigan, Missouri, Nebraska, New Jersey, Oklahoma, South Carolina, West Virginia have bills moving in their states that contain some PBM provisions. Wyoming's PBM bill, SF 67, died in the House Corporations Committee.

Maine has enacted two bills to further regulate PBMs: LD 1339 requires registration with the Bureau of Insurance and gives the State Auditor a role in purchasing contracts; LD 1498, Public Law 591, establishes prompt pay rules.

Expansion of 340B Program:  Another key reform establishes commissions to explore ways of expanding the number of provider entities who could qualify under the 340B drug pricing program.  As 340B prices are a dramatic 19% to 20% lower than the purchase price of prescription drugs through Medicaid, states stand to realize significant savings by moving segments of their Medicaid population, or others who receive prescription services from the state, to a 340B program.  In 2010, Arizona (HB 2272) and Iowa (SB 2071) have introduced expansions of their 340B programs, while North Carolina is exploring the possibility of moving a bill once their session begins in May.

Prescriber Education Services and Drug Industry Gift Bans:  In an effort to improve the quality of health care, another key policy is prescriber education services (also referred to as academic detailing) while also requiring drug companies to either disclose gifts to providers or ban them altogether.  Comprehensive bills have been introduced in Arizona (HB 2705) and Iowa (SB 48), while companion bills containing some of the prescriber education language is moving in Minnesota (HB 1640 / SB 895). Colorado has a gift ban (SB 126) bill with related provisions that has passed out of the Health Committee and payment disclosure legislation is also pending in Illinois.

Several states, including Maine, have withheld action on gift disclosure legislation pending action on the Physician Payment Sunshine Act, which was included in the health care reform legislation signed into law last week. 

Product Stewardship: Mandatory Drug Take-back:  With pressure tactics and full page ads, PhRMA and the biotech industry fought hard against pathbreaking Maine legislation to require drugmakers to develop programs to take back unused drugs, based on a product stewardship model already in use for products such as mercury containing fixtures and computers.  LD 821 passed handily the House but was killed in the Senate.

Online Marketing to Kids:  PhRMA, the ACLU, and internet companies such as AOL teamed up to repeal a law passed in 2009 to prevent predatory online marketing to kids and protect the privacy of their personal information.  LD 1667, intended to replace last year's law, ended up only repealing it.

Datamining: Maryland's SB 1040 had a legislative hearing last week. NLARx consulting attorney Meredith Jacob testified in support. AB 2112 would regulate prescription privacy in California. Minnesota's comprehensive Rx legislation includes prescription privacy provisions.

Click here for additional information about the Progressive States Network's Rx Agenda.
More News from the States
Arizona: State Drops Children's Health Program more
Connecticut: Health Care Plan Still Moving Forward more
Missouri:
Medicaid Puts Missouri Governor in a Bind more
Montana:
Montana Governor Wants to Get Drugs from Canada more
Oregon:
New Script for Sudafed? more
Virginia: State Seeks to Join Lawsuit Over Prescription Drug more
Texas: State Rethinks Disease Management Program more
Conference
"Prescription for Conflict: Should Industry Fund Continuing Medical Education?," sponsored by PharmedOut.  The discussion will address the questions: Does industry funding of CME adversely affect the educational content of CME? If so, can commercial bias be assessed and mitigated? For more information, or to register.
Outrage of the Week
Neurontin: 'A Good Drug... Marketed By Bad People' more
Pfizer to Pay $142.1 Million for Neurontin Marketing Fraud more
Pfizer Faces $142M in Neurontin Damages more
Pfizer Must Pay $141M For Neurontin Marketing more

Pharmaceuticals & Health Reform
Let the Sun Shine In: Payments to Docs from Companies to be Disclosed more
In the Long Run, Reforms Mean Less Risk, Lower Rewards for Pharmas more
Why Doing Something About 'Pay for Delay' Will Have to Wait more
Recession Means Fewer Prescriptions Filled more
Rx Abandonment Rate Continues to Rise more
Reform Sets Big Budget for Comparative Research more
Healthcare Reform Impact on Prescription Drugs more
Along for the Reform Ride: Sunshine Legislation more
Conflict of Interest
As Universities Tighten Ethics Policies, Private Physicians Promote Products more
NIMH Chief, Scolds Psychiatry more
Psychiatrists And Pharma: Undue Influence? more
Stanford Medical School Expands Conflict Rules more
NIH Should Disclose Financial Conflicts: Watchdog more
Conflicts: Spotlight on Avandia
Scientists With Ties to Industry More Likely to Write Nice Things About Drugs more
Avandia, Clinical Trials And Independent Analysis more
BMJ Study: Conflicts Associated with Substantial Bias on Rosiglitazone more
Glaxo Funded Backers of "Danger" Drug more
Most Avandia Supporters Have Ties To Glaxo more
Pharmaceutical Pricing
Little Pricey Pill - Nexium is a parable of what's wrong with health care more
US Senate Panel Commences Drug Pricing Probe more
Sen Kohl Probes Price Differences In Drugs In US, Abroad more
Biggest Medicare Drug Plans Raise Prices 10 Percent On Average more
Germany's Ruling CDU Plans Three-Year Drug Price Freeze more
Why do Americans Pay More for Their Meds? more
Report: MA Hospital Costs Unconnected To Quality Of Care more
The World's Most Expensive Drugs more
Advertising and Marketing
In Protecting Market Research, Federal Exclusion May Not Always Apply more
Have Pharma Promos Gone Too Commercial?  more
Walgreen to Pay Nearly $6 Mln to Settle Ad Charges | Reuters more
Access to Docs Flat, but Appointments on the Rise, Survey Says more
Yahoo!'s Claim That Patients Are "Ambivalent" When It Comes to Side Effect Information in Search Ads Is BS! more
Pharma and Facebook: A Social Media Spotlight
Consumer Advocates Submit Comments to FDA on Regulation of Social Media more
J&J Urges FDA to Be As Flexible Regulating Social Media, But... more
Drug Companies Are Flocking to Facebook for Eyeballs, Not Conversation more
Disgruntled Patient Shuts Down Sanofi-Aventis Facebook Page more
Pharma Watch
Jail Time for Executives Might Stop Drug Crimes more
When Drug Makers' Profits Outweigh Penalties more
AstraZeneca - Seroquel: What's the Latest? more
Britain's AstraZeneca Wins First Trial in Seroquel Case more
Alpharma to Pay $42.5M to Settle Lawsuit more
All Eyes on Antipsychotics more
Merck, Groundwater Pollution & Sick Neighbors more
PBM Watch
Pepsi Ruling May Have Meaning For FTC's Review Of CVS more
Can CVS Caremark Win the Drug Wars? more
Merger That Created CVS Caremark is Probed more
CVS CEO Ryan's pay grows 27% to $30M more
Patents and Generics
Biosimilars Mean Competition, Not Marketing Oblivion, for Biologics more
Generic Drugs: Protest Group Was Not Quite What It Seemed more
Pharma And 'Unethical' Patent Lobbying In India more
Pay-To-Delay Ban Dropped From Healthcare Reform more
Teva Outwrestles Pfizer to Land Generics Maker Ratiopharm more
Medicare and Medicaid
Health Reform Debate Often Misrepresents Changes To Medicare more
States Weigh Taxes To Help Fund Medicaid-And Raise Federal Contributions more
Medicare Pay Cut For Doctors Still Looms At End Of Month more
Which Medicare Plans Broke Rules? more
Medicare Regulators Halt Insurer's Part D Business more
Does Medicare 'Doughnut Hole' Spur Increase In Foreign Drug Imports? more
Medicare 'Doughnut Hole' may Induce Illegal Foreign Drug Imports more
Safety and Clinical Trials
FDA Warned Psychiatrist Over Foster Kids In Trials more
Genzyme To Receive Consent Decree From The FDA more
Nursing Homes Chafe Under Prescribing Rules more
Should The FDA Be Able To Reevalute Products? more
The Lilly Heist and the Need for E-Pedigree more
Awash in Fake Drugs, Nigerians Fight Back more
FDA Will Review Fosamax, Boniva for Safety more