Letters

Support for NH SB 354 relative to insurance cost-sharing calculations

It is a pleasure to reiterate our strong support for Senate Bill 354-FN (“relative to insurance cost-sharing calculations”) which would require health insurers and pharmacy benefit managers to include any amount paid by the enrollee or on their behalf in calculating an enrollee’s contribution to cost-sharing requirements. Now that the Senate successfully passed the bill, we are pleased that you will be holding a hearing on this important issue and that you too will pass the bill.

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Support for Rhode Island’s H 8041 “An Act Relating to Insurance—Prescription Drug Benefits”

We voice our strong support for Rhode Island’s H 8041 (“An Act Relating to Insurance—Prescription Drug Benefits”) which stipulates that, when calculating an enrollee’s overall contribution to any out-of-pocket maximum or any cost-sharing requirement under a health plan, an insurer or pharmacy benefit manager shall include any amounts paid by the enrollee or paid on behalf of the enrollee by another person. We thank you for considering this legislation and are pleased to offer our support.

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Support for CA AB 2180 “Health Care Coverage: Cost Sharing”

HIV+Hep strongly supports AB 2180. It simply requires that the copay assistance which beneficiaries receive counts towards their out-of-pocket obligations. By passing this law, California will join 19 other states (Arkansas, Arizona, Colorado, Connecticut, Delaware, Georgia, Illinois, Kentucky, Louisiana, Maine, Oklahoma, North Carolina, New Mexico, New York, Tennessee, Texas, Washington, West Virginia, and Virginia), Puerto Rico and the District of Columbia in protecting consumers by assuring their copay assistance will count towards cost-sharing obligations.

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Request for prompt enforcement of prescription drug copay assistance court ruling

We have long advocated for affordable access to healthcare, including prescription medications.  A recent United States District Court for the District of Columbia ruling pertaining to copay assistance will dramatically help patients afford their medications. We write to urge you to immediately enforce this decision and the rule that it reinstated, issue a bulletin advising insurers that they are obligated to comply with the reinstated rule, and take necessary enforcement actions against insurers that are not in compliance.

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Amicus brief with patient groups on California Rule of Court 8.500(g) on the “duty to innovate”

Given the importance—and immense cost—of developing new treatments and cures, Amici have a profound interest in ensuring that the law not disincentivize innovation. Amici were accordingly concerned to learn of the new legal duty recognized by the Court of Appeal in this case, which would impose liability on manufacturers of drugs that are undisputedly safe and effective as approved by the FDA itself. The new duty is indifferent to the safety of the existing product, imposing liability if a manufacturer “knew” it could potentially make an even “safer” alternative.

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