HB 6132

HOUSE BILL NO. 6132
A bill to amend 1976 PA 331, entitled
"Michigan consumer protection act,"
(MCL 445.901 to 445.922) by adding section 9b.
the people of the state of michigan enact:
Sec. 9b. (1) The attorney general shall investigate the pricing
of prescription insulin drugs that are made available to residents of this
state to ensure adequate consumer protections in the pricing of prescription
insulin drugs and to determine whether additional consumer protections are
needed.
(2) As part
of the investigation described in subsection (1), the attorney general shall
gather, compile, and analyze information concerning the organization, business
practices, pricing information, data, reports, or other information that the
attorney general finds necessary to fulfill the requirements of this section
from persons engaged in the manufacture or sale of prescription insulin drugs.
The attorney general shall also consider any publicly available information
related to drug pricing.
(3) If
necessary to fulfill the reporting requirements of this section, subject to
subsection (4), the attorney general may issue an administrative subpoena that
requires any of the following persons to furnish material, answers, data, or
other information that is relevant to the investigation:
(a) Another
state officer, department, or agency.
(b) A
pharmacy benefits manager or other carrier.
(c) A
manufacturer of prescription insulin drugs that are made available in this
state.
(4) A
person is not required to provide or disclose trade secrets in connection with
an investigation under subsection (1).
(5) By October
1, 2027, the attorney general shall issue and make available to the public a
report detailing the attorney general's findings from the investigation
conducted under this section. The attorney general shall present the report to
the governor, the director of the department of insurance and financial
services, and the standing committees of the senate and house of representatives
with primary responsibility for insurance and health policy issues. The report
must include all of the following:
(a) A
summary of insulin pricing practices and variables that contribute to pricing
of health coverage plans.
(b) Public
policy recommendations to control and prevent overpricing of prescription
insulin drugs made available to residents of this state.
(c) Any
recommendations for amendments to this act to prevent unfair, unconscionable,
or deceptive methods, acts, or practices in the conduct of trade or commerce
related to the sale of prescription insulin drugs, including the pricing of
those drugs.
(d) Any
other information the attorney general finds necessary to include.
(6) As used
in this section:
(a)
"Carrier" means that term as defined in section 3701 of the insurance
code of 1956, 1956 PA 218, MCL 500.3701.
(b)
"Prescription insulin drug" means a prescription drug, as that term
is defined in section 17708 of the public health code, 1978 PA 368, MCL
333.17708, that contains insulin and is used to treat diabetes.
(c)
"Trade secret" means that term as defined in section 2 of the uniform
trade secrets act, 1998 PA 448, MCL 445.1902.
Enacting section 1. This
amendatory act takes effect 90 days after the date it is enacted into law.