08 LC
33 2532S
The
House Committee on Health and Human Services offers the following substitute to
HB 180:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 5A of Title 31 of the Official Code of Georgia Annotated, relating
to the Department of Community Health, so as to provide that the Department of
Community Health shall not provide health care coverage under the state health
benefit plan, medical assistance program, PeachCare for Kids, or any other
health benefit plan or policy administered by or on behalf of the state which
includes certain prescription drugs and other health care products sold by
Georgia biotechnology, biopharmaceutical, or pharmaceutical companies unless
such drugs or products are not subject to certain access restrictions; to define
certain terms; to provide for related matters; to repeal conflicting laws; and
for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
5A of Title 31 of the Official Code of Georgia Annotated, relating to the
Department of Community Health, is amended by adding a new Code section to read
as follows:
"31-5A-8.
(a)
As used in this Code section, the term:
(1)
'Biopharmaceutical' means the application of biotechnology to the development of
pharmaceutical products that improve human health.
(2)
'Biotechnology' means any technological application that uses biological
systems, living organisms, or derivatives thereof to make or modify products or
processes for specific use.
(3)
'Georgia biotechnology, biopharmaceutical, or pharmaceutical company' means a
biotechnology, biopharmaceutical, or pharmaceutical company, or a corporate
division of such a company:
(A)
The principal activity of which is research and development, manufacturing, or
sales of health care products in this state; and
(B)(i)
That had a total economic impact in this state of not less than $60 million
during the most recent taxable year; or
(ii)
That has total capital investment in this state of not less than $100
million.
(4)
'Pharmaceutical' means of or pertaining to the knowledge or art of pharmacy or
to the art of preparing medicines according to the rules or formulas of
pharmacy.
(5)
'Research and development' means experimental or laboratory activity for the
ultimate purpose of developing new products, improving existing products,
developing new uses for existing products, or developing or improving methods
for producing products.
(6)
'Total economic impact' means the sum of total employee payroll, investment in
external research and development, the value of prescription drug samples
provided to physicians, and the value of prescription drugs donated to low
income individuals through patient assistance programs.
(b)
The Department of Community Health shall not provide or enter into a contract to
provide health care coverage under the state health benefit plan under Article 1
of Chapter 18 of Title 45, the medical assistance program under Article 7 of
Chapter 4 of Title 49, the PeachCare for Kids program under Article 13 of
Chapter 5 of Title 49, or any other health benefit plan or policy administered
by or on behalf of the state of any prescription drug or other health care
product having an approved indication from the federal Food and Drug
Administration for use with humans and that is produced by a Georgia
biotechnology, biopharmaceutical, or pharmaceutical company if such drug or
product is subject to any access restriction such as a preferred drug list,
prior approval, or step therapy. This subsection shall apply to all contracts
entered into or renewed by the Department of Community Health on or after July
1, 2008."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.