NOTE:  As provided in LFC policy, this report is intended only for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used for other purposes.

 

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F I S C A L   I M P A C T   R E P O R T

 

 

SPONSOR:

Hurt

 

DATE TYPED:

3/3/03

 

HB

 

 

SHORT TITLE:

Prescription Drug Copayments

 

SB

647

 

 

ANALYST:

Wilson

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY03

FY04

FY03

FY04

 

 

 

 

 

See Narrative

 

 

 

SOURCES OF INFORMATION

 

Responses Received From

 

Health Policy Commission (HPC)

Board of Pharmacy (BP)

 

SUMMARY

 

     Synopsis of Bill

 

Senate Bill 647 enacts a new section of the New Mexico Drug, Device and Cosmetic Act requiring copayments for prescription drugs that are advertised directly to consumers.  These new copayments are in addition to insurance copays, and will go to the drugs’ manufacturer. The copayment will be 20% of the cost of the prescription drug.

 

SB 647 requires drug manufacturers to provide pharmacies on a monthly basis a list of prescription drugs advertised for which the advertising co-payment applies.

             

     Significant Issues

 

SB 647 appears to be an attempt to curtail the advertising of drugs by forcing the consumer to pay out of his own pocket for these products.

 

FISCAL IMPLICATIONS

 

It is not clear how the provisions of SB 647 will be enforced, but when this is clarified there will be some fiscal impact to the enforcing agency.

 

POSSIBLE QUESTIONS

 

Does SB 647 apply to medicaid and medicare recipients?

           

DW/sb/njw