June 2, 2022
State Legislative Update 
Prescription Drug Affordability Board – A-1747

A-1747, legislation to create a Prescription Drug Affordability Board (PDAB), was considered at a May 24th hearing of the Assembly Health Committee. The bill was released from Committee with voting along partisan lines. BioNJ believes a PDAB is the wrong way to address Patient out-of-pocket costs. Rather than taking a systemwide, holistic approach that addresses the drug supply chain middlemen, co-insurance, co-payments and health benefit design issues that can have the biggest impact on Patient costs, PDABs focus squarely on the innovative biopharmaceutical sector without any guarantee of Patient savings on necessary and lifesaving prescription treatments. Simply stated, A-1747 would allow government to set price controls for prescription treatments but does not guarantee even a dollar of savings for those New Jerseyans facing high out-of-pocket drug costs.

BioNJ would like to thank the Patients and advocates who submitted testimony in opposition to this bill, as well as those who sent letters directly to the Assembly Health Committee and the General Assembly in advance of the hearing.

Click here to read BioNJ President & CEO Debbie Hart’s testimony in opposition to this legislation. Click here to read BioNJ Board Chair and Insmed CEO Will Lewis’ testimony in opposition to this legislation. Click here for a copy of A-1747. 
PBM and Supply Chain Transparency – A-2840

The Assembly Health Committee also considered legislation put forth by the Governor and introduced by the Legislature to address prescription drug affordability. BioNJ commends Assembly Health Committee Chairman Herb Conaway and Assembly Health Committee members for their insightful comments, questions and discussion. BioNJ shares the recognition that there should be transparency across the entire supply chain, as proposed in A-2840. However, BioNJ respectfully requests amendments that would enhance and enable data collection and compliance, eliminate anti-competitive disclosure and reduce the risk of delayed access for Patients, while still allowing for meaningful transparency. The advance notification language in this bill would potentially delay launch of a drug for 60 days, essentially delaying Patient access to a new innovative medicine.  

BioNJ stands ready to continue to work with the Administration and Legislature on amendments to ensure that these policies will have a positive impact on Patient affordability and access to medicines.

BioNJ strongly supports legislative measures that will enhance the ability of Patients to access our industry’s lifesaving treatments – including A-2839, which places a cap on the out-of-pocket contribution for any covered person prescribed insulin, an epinephrine auto-injector device, or a prescription asthma inhaler.

BioNJ applauds the independent pharmacists and the NJ Pharmacists Association for their effective testimony that shed light on PBM practices and the need for meaningful transparency.

Click here to read BioNJ President & CEO Debbie Hart’s testimony. Click here to watch a replay of the Assembly Health Committee hearing. Click here for copy of A-2840.
Ensuring Transparency in Prior Authorization – A-1255

The Assembly Health Committee advanced legislation that places certain requirements regarding the use of prior authorization of health benefits on carriers and utilization review entities acting on behalf of carriers. The bill prohibits the use of a step therapy protocol if it is not in the best interest of the Patient and also establishes requirements regarding the prior authorization of certain medications. BioNJ supports A-1255 and its intent to improve Patient access to medicines.  

Click here for a copy of A-1255. 
The True Driver for High Cost of Medicines
With hearings and debate at both the State and federal level examining practices by Pharmacy Benefit Managers (PBMs), BioNJ President and CEO Debbie Hart’s op-ed published in the Asbury Park Press provides timely insight into the role that PBMs play.
Pharmacy Benefit Manager Transparency Act of 2022
Following on the heels of a United States Senate hearing to examine practices of Pharmacy Benefit Managers (PBMs), Senator Maria Cantwell (D-WA) and Senator Chuck Grassley (R-IA) introduced the Pharmacy Benefit Manager Transparency Act of 2022. The intent of the bill is to shine a light on the PBM market and empower the Federal Trade Commission (FTC) and State Attorneys General to stop unfair and deceptive PBM business practices.

PBMs are increasingly restricting access to medicines, according to a new white paper from health data firm Xcenda. PBMs are making it harder for Patients to get the prescription medicines they need with more than 1,150 medicines excluded from at least one of the three largest PBMs’ standard commercial formularies in 2022. Click here to download Xcenda's white paper.

For an even deeper dive and to learn how the system harms the sickest Patients the most, listen to a recent episode of the “I am BIO Podcast” with BIO’s Dan Durham and other experts.
Senate HELP Committee Introduces FDA User Fee Legislation
The United States Senate Health, Education, Labor and Pensions (HELP) Committee leadership introduced their version of the FDA user fee reauthorization legislation. In addition to reauthorizing the user agreements, the bipartisan legislation includes provisions to strengthen oversight of cosmetics and dietary supplements, modernize the regulation of diagnostic tests and bring more competition to the market.

Click here to read the press release from Senator Patty Murray (D-WA) and Senator Richard Burr (R-NC) regarding the bipartisan FDA Safety and Landmark Advancements Act (FDASLAA).
We Need Your Help: Support BioNJ Policy and Advocacy Efforts
BioNJ is the voice of New Jersey’s life sciences sector in Trenton and Washington. BioNJ’s Public Policy Support Series sponsorship opportunities are still available for 2022. Help ensure BioNJ continues to deliver our message of improved Patient access and enhanced innovation through a Public Policy Support Series Sponsorship.  

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