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REFERENCE TITLE: prescription drugs; price limits |
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State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024
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SB 1532 |
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Introduced by Senators Burch: Alston, Bravo, Diaz, Epstein, Fernandez, Gabaldón, Gonzales, Hatathlie, Hernandez, Marsh, Mendez, Miranda, Sundareshan
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An Act
amending title 36, Arizona Revised Statutes, by adding chapter 42; relating to prescription drugs.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 36, Arizona Revised Statutes, is amended by adding chapter 42, to read:
CHAPTER 42
PRESCRIPTION DRUGS
ARTICLE 1. GENERAL PROVISIONS
36-4201. Definitions
In this chapter, unless the context otherwise requires:
1. "Maximum fair price" means the maximum fair price for a drug as published by the United States secretary of health and human services pursuant to 42 United States Code section 1320f-4.
2. "Price applicability period" has the same meaning prescribed in 42 United State Code section 1320f(b)(2).
3. "Referenced drug" means a drug that is subject to a maximum fair price.
36-4202. Limit on drug pricing; violations
A. A person or entity that purchases a referenced drug in this state may not pay a price for the referenced drug that, excluding any fee paid to a pharmacy for dispensing the referenced drug, is higher than the maximum fair price for that referenced drug during the price applicability period.
B. A person or entity that seeks reimbursement for a referenced drug that is delivered, dispensed or administered to a person in this state may not seek reimbursement for the referenced drug at a rate that, excluding any fee paid to a pharmacy for dispensing the referenced drug, is higher than the maximum fair price for that referenced drug during the price applicability period.
C. A violation of subsection A or B of this section by any person constitutes an unlawful practice pursuant to section 44-1522 and is subject to enforcement by the attorney general. Each violation of subsection A or B of this section constitutes a separate unlawful practice. The attorney general may investigate and take appropriate action pursuant to title 44, chapter 10, article 7.
D. In addition to the remedies specified in subsection C of this section, a person who is aggrieved by a violation of subsection A or B of this section may bring a private action for consumer fraud.