72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2111
 
                         House Bill 3570
 
Sponsored by Representative MONNES ANDERSON; Representatives
  ACKERMAN, AVAKIAN, BARKER, BARNHART, BATES, BEYER, BUTLER,
  DINGFELDER, GARRARD, HOPSON, MACPHERSON, MERKLEY, NOLAN,
  ROSENBAUM, TOMEI, WESTLUND, WIRTH, Senators BROWN, CORCORAN,
  DEVLIN, MORRISETTE, SHIELDS
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Establishes prescription drug purchasing program in Department
of Human Services to purchase prescription drugs in bulk for
state and other governmental agencies. Directs Health Resources
Commission to develop preferred drug list for prescription drug
purchasing program.
  Appropriates moneys to Department of Human Services for
prescription drug purchasing program.
  Declares emergency, effective July 1, 2003.
 
                        A BILL FOR AN ACT
Relating to purchasing prescription drugs; appropriating money;
  and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) There is established in the Department of
Human Services a prescription drug purchasing program. The
purpose of the program is to purchase prescription drugs in bulk
for state and other governmental agencies that directly or
indirectly purchase prescription drugs.
  (2) The administrator or manager of the prescription drug
purchasing program shall:
  (a) Negotiate price discounts on prescription drugs with
prescription drug suppliers;
  (b) Purchase prescription drugs for agencies within the
executive department that provide prescription drugs;
  (c) Establish a system for distributing the prescription drugs
purchased by the program;
  (d) Adopt a preferred drug list for the program after receiving
recommendations from the Health Resources Commission; and
  (e) Cooperate with other states or regional consortiums in the
bulk purchase of prescription drugs.
  (3) The program may also purchase and distribute prescription
drugs for the following groups:
  (a) Enrollees in the Medicare program who do not have
prescription drug coverage;
  (b) Persons who purchase or receive health care services
through the health benefits program of the Public Employees'
Benefit Board;
  (c) Any other individuals on whose behalf the state funds or
subsidizes, in whole or in part, the purchase of prescription
drugs or prescription drug coverage;
  (d) Residents of Oregon with limited or no insurance coverage
for prescription drugs; and
  (e) Local government bodies, special government bodies or other
entities that purchase prescription drugs and that ask to
participate in the prescription drug purchasing program.
  (4) Notwithstanding the preferred drug list adopted by the
department, a practitioner may prescribe any drug that the
practitioner indicates is medically necessary as being the most
effective available.
  (5) The department shall ensure that practitioners receive
educational materials and have access to training on the
preferred drug list adopted by the department.
  (6) The department may contract with a pharmacy benefits
manager to administer the program.
  (7) The department shall adopt rules to necessary to implement
this section. + }
  SECTION 2.  { + (1) The Health Resources Commission shall
recommend a preferred drug list for the prescription drug
purchasing program in the Department of Human Services
established under section 1 of this 2003 Act.
  (2) The commission shall evaluate prescription drugs in
commonly used therapeutic classes of prescription drugs and
recommend to the administrator or manager of the prescription
drug purchasing program a preferred list of covered prescription
drugs that identifies preferred choices within therapeutic
classes for particular diseases and conditions, including generic
alternatives. When more than one prescription drug is comparable,
the commission must recommend the prescription drug that is
available at the lowest price. + }
  SECTION 3.  { + In addition to and not in lieu of any other
appropriation, there is appropriated to the Department of Human
Services, for the biennium beginning July 1, 2003, out of the
General Fund, the amount of $___ for the purpose of carrying out
section 1 of this 2003 Act. + }
  SECTION 4.  { + This 2003 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2003 Act takes effect July 1,
2003. + }
                         ----------