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S 895

Relates to the automatic expungement of records of arrest

2025 Regular Session Introduced by Jabari Brisport and 2 co-sponsors

Requires early notice to state agencies about new drugs and planned price increases, enables monitoring of costs, and imposes penalties to curb price gouging.

REFERRED TO CODES
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Bill Summary · S 895

Summary — S.895 (Introduced) — “An Act to promote transparency and prevent price gouging of pharmaceutical drug prices”

Note on inconsistencies
- The bill metadata supplied includes conflicting titles (an initial line references automatic expungement). The official bill text and docket filed (Senate Docket No. 2517 / Senate No. 895) show this measure concerns pharmaceutical price transparency and anti‑price‑gouging provisions. This summary follows the bill text.

Purpose

To increase transparency around new and existing prescription drugs, require early notice of approvals and planned price increases, enable state agencies to monitor high‑cost drugs, and impose penalties for noncompliance — with the aim of preventing unjustified drug price increases and informing Medicaid, insurers and state purchasers.

Key provisions

  • Definitions added to chapter 6D:

    • “Biosimilar”
    • “Brand name drug” (with detailed inclusions/exclusions)
    • “Pipeline drug” (new molecular entity with an FDA application and action date)

  • Early‑notice requirements (new Section 15A):

    • Manufacturers must provide early notice to the state “commission” for:
    • Pipeline drugs, generics, and biosimilars.
    • Timing:
    • For pipeline drugs: notice in writing not later than 30 days after FDA approval date.
    • For planned price increases: notice at least 60 days before the planned effective date when (i) a brand‑name drug’s wholesale acquisition cost (WAC) increases by more than 15% in any 12‑month period, or (ii) a generic/biosimilar has a “significant price increase” as determined by the commission.
    • Supplemental reporting of relevant information must be provided not less than 30 days before the planned effective date.
    • Required content for pipeline drug notices: disease/indication, route of administration, clinical comparators, estimated market entry, and FDA designations (or timely when received).
    • Required content for price‑increase notices and follow‑up reporting: drug identifiers, sales volume, WAC and related pricing, net price, acquisition data, revenue, and manufacturer costs.

  • Data sharing and study requirements:

    • Non‑confidential information submitted to the commission must be shared with the Office of Medicaid, the Division of Insurance, and the Group Insurance Commission.
    • The commission will conduct an annual study of affected manufacturers and may contract with third parties to implement the section.

  • Enforcement and penalties:

    • The commission may impose sanctions, including civil monetary penalties up to $1,000,000 per instance for failures to timely comply or for providing false/misleading/incomplete information.
    • Penalty proceeds to be deposited into the Prescription Drug Cost Assistance Trust Fund (chapter 29, section 2EEEEEE).

  • Additional (truncated) provisions:

    • The bill adds a Section 24 defining “eligible drug” and beginning price‑threshold rules: e.g., a brand/biologic with a launch WAC of $50,000 or more for a 1‑year supply or full course. The text is truncated in the supplied version; full provisions and any further requirements (e.g., reporting, caps, or other remedies for eligible drugs) are not available in the excerpt.

Who is affected

  • Pharmaceutical manufacturers (obligations to notify and report; potential penalties)
  • Commonwealth agencies (the commission, Medicaid, Division of Insurance, Group Insurance Commission) — receive data, perform studies, may coordinate responses
  • Payers and purchasers (state Medicaid, state employee plans, insurers) — benefit from earlier transparency
  • Patients (particularly users of high‑cost drugs) — potential downstream effects on price setting, access, and programs funded by penalty receipts

Procedural / timeline notes

  • Filed as Senate No. 895 / Senate Docket No. 2517 (petition presented by Sen. Mark C. Montigny).
  • Introduced in the Senate in January/March 2025 (docket filed 1/17/2025; introduced/read and referred 3/06/2025).
  • Referred to relevant committees (Health Care Financing; notes show subsequent referral to Codes and Finance). Hearing scheduled 06/02/2025 (Gardner Auditorium).
  • Some legislative action entries appear duplicated/conflicting; consult the Legislature’s official docket for current status.

Observations / next steps

  • The bill places concrete timing and data requirements on manufacturers and gives the state tools to monitor price behavior, with substantial penalties for noncompliance.
  • The supplied text is truncated mid‑Section 24; readers should review the full, final bill text to understand all obligations and any consumer protections or pricing controls that may be included for “eligible drugs.”

Compiled from official sources — confirm details with the bill’s official record.

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