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7 LONG TITLE
8 General Description:
9 This bill creates a program and reporting requirements relating to the importation of
10 prescription drugs.
11 Highlighted Provisions:
12 This bill:
13 ▸ requires the Department of Health to submit a request to the United States
14 Department of Health and Human Services for a prescription drug importation
15 program;
16 ▸ if the request for a prescription drug importation program is approved, requires the
17 Public Employees' Benefit and Insurance Program to operate a two-year pilot
18 prescription drug importation program for the state's health insurance risk pool;
19 ▸ creates various reporting requirements; and
20 ▸ creates a sunset date for the provisions in this bill.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 AMENDS:
27 63I-1-226, as last amended by Laws of Utah 2019, Chapters 67, 136, 246, 289, 455 and
28 last amended by Coordination Clause, Laws of Utah 2019, Chapter 246
29 63I-1-249, as last amended by Laws of Utah 2018, Chapter 357
30 ENACTS:
31 26-1-41, Utah Code Annotated 1953
32 49-20-420, Utah Code Annotated 1953
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34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 26-1-41 is enacted to read:
36 26-1-41. Prescription drug importation program -- Request -- Resubmission --
37 Reporting.
38 (1) On or before October 1, 2020, the department shall submit a request to the secretary
39 of the United States Department of Health and Human Services to:
40 (a) certify to the United States Congress under 21 U.S.C. Sec. 384(l) that a wholesale
41 importation program can be implemented in the state in a manner that:
42 (i) operates as a two-year pilot program for approximately 75,000 Utah public
43 employees and dependents who make up the state's health insurance risk pool created in
44 Subsection 49-20-201(1)(a);
45 (ii) poses no additional risk to the public's health and safety; and
46 (iii) results in a significant reduction in the cost of covered prescription drugs and
47 prescription devices to the state and participating public employees; and
48 (b) review information in the department's request to determine whether the request
49 meets the requirements in 21 U.S.C. Sec. 384(l).
50 (2) The request described in Subsection (1) shall include:
51 (a) the findings of any prescription drug importation study that is available to the
52 department;
53 (b) a description of how the Utah prescription drug importation program will be
54 designed by the department, in collaboration with the Public Employees' Benefit and Insurance
55 Program, to:
56 (i) operate as a two-year pilot program for the state health insurance risk pool created
57 in Subsection 49-20-204(1)(a);
58 (ii) comply with existing state and federal law; and
59 (iii) ensure no additional risk to the public's health and safety; and
60 (c) an estimate of the reduction in cost of:
61 (i) covered prescription drugs and prescription devices; and
62 (ii) health insurance premiums.
63 (3) If the department does not believe that the department will be able to submit the
64 request described in Subsection (1) on or before October 1, 2020, the department shall report to
65 the Health and Human Services Interim Committee before October 1, 2020, on:
66 (a) the reason for the delay in submitting the request;
67 (b) any steps that the department has taken to prepare the request; and
68 (c) when the department believes that the request will be ready for submission.
69 (4) If the request described in Subsection (1) to operate a prescription drug importation
70 program is not approved by the secretary of the United States Department of Health and
71 Human Services, the department shall submit a new request with the information described in
72 Subsections (1) and (2) on or before October 1 of each year until the earlier of:
73 (a) approval of the request to operate a prescription drug importation program; and
74 (b) October 1, 2024.
75 (5) On or before December 1 of each year that the department submits a request under
76 Subsection (1) or (4), the department shall submit a written report to the Health and Human
77 Services Interim Committee regarding the results of the request and any updated findings and
78 recommendations regarding the implementation of a prescription drug importation program.
79 (6) The department shall seek grant funding to prepare a request under this section.
80 Section 2. Section 49-20-420 is enacted to read:
81 49-20-420. Prescription drug importation program -- Reporting.
82 (1) The program shall collaborate with the Department of Health to develop a request
83 under Section 26-1-41 for the program to operate a prescription drug importation program.
84 (2) If the request under Section 26-1-41 to operate a prescription drug importation
85 program is approved, the program shall:
86 (a) implement a prescription drug importation program that:
87 (i) operates as a two-year pilot program for approximately 75,000 Utah public
88 employees and dependents who make up the state's health insurance risk pool created in
89 Subsection 49-20-201(1)(a);
90 (ii) poses no additional risk to the public's health and safety;
91 (iii) results in a significant reduction in the cost of covered prescription drugs and
92 prescription devices to the state and participating public employees; and
93 (iv) complies with existing state and federal law; and
94 (b) on or before December 1 of each year after the request to operate a prescription
95 drug importation program is granted, submit a written report to the Health and Human Services
96 Interim Committee regarding the results of the pilot program and any updated findings and
97 recommendations for expanding access to the prescription drug importation program
98 throughout the state.
99 Section 3. Section 63I-1-226 is amended to read:
100 63I-1-226. Repeal dates, Title 26.
101 (1) Section 26-1-40 is repealed July 1, 2022.
102 (2) Section 26-1-41 is repealed January 1, 2025.
103 [
104 July 1, 2025.
105 [
106 [
107 [
108 Crisis Line Commission created in Section 63C-18-202" is repealed July 1, 2023.
109 [
110 (7) Title 26, Chapter 33a, Utah Health Data Authority Act, is repealed July 1, 2024.
111 (8) Title 26, Chapter 36b, Inpatient Hospital Assessment Act, is repealed July 1, 2024.
112 (9) Title 26, Chapter 36c, Medicaid Expansion Hospital Assessment Act, is repealed
113 July 1, 2024.
114 (10) Title 26, Chapter 36d, Hospital Provider Assessment Act, is repealed July 1, 2024.
115 (11) Title 26, Chapter 54, Spinal Cord and Brain Injury Rehabilitation Fund and
116 Pediatric Neuro-Rehabilitation Fund, is repealed January 1, 2023.
117 (12) Subsection 26-61a-108(2)(e)(i), related to the Native American Legislative
118 Liaison Committee, is repealed July 1, 2022.
119 (13) Title 26, Chapter 63, Nurse Home Visiting Pay-for-Success Program, is repealed
120 July 1, 2026.
121 Section 4. Section 63I-1-249 is amended to read:
122 63I-1-249. Repeal dates, Title 49.
123 (1) Title 49, Chapter 11, Part 13, Phased Retirement, is repealed January 1, 2022.
124 (2) Section 49-20-418 is repealed January 1, 2022.
125 (3) Section 49-20-420 is repealed January 1, 2025.