SECTION 1 (TITLE):
This act shall be known as the Safe, Low-Cost Prescription Drugs Program Act.

SECTION 2 (PURPOSE):
To make prescription drugs that are available at lower costs outside the United States available to consumers in STATE at those lower costs.

SECTION 3 (PROVISIONS):

(a) DEPARTMENT in consultation with interested stakeholders and appropriate federal officials, shall design a wholesale prescription drug importation program that complies with the applicable requirements of 21 U.S.C. § 384, including the requirements regarding safety and cost savings. The program design shall:

(b) DEPARTMENT shall recommend a funding design for the program, and submit the proposed program design to the Governor, Legislature, and appropriate DEPARTMENTS.

(c) DEPARTMENT shall consult with the Office of the Attorney General to identify the potential, and to monitor, for anticompetitive behavior in industries that would be affected by a wholesale prescription drug importation program.

(d) DEPARTMENT shall submit a formal request to the Secretary of the U.S. Department of Health and Human Services for certification of the State’s wholesale prescription drug importation program.

(e) DEPARTMENT shall seek the appropriate federal approvals, waivers, exemptions, or agreements, or a combination thereof, as needed to enable all covered entities enrolled in or eligible for the federal 340B Drug Pricing Program to participate in the State’s wholesale prescription drug importation program to the fullest extent possible without jeopardizing their eligibility for the 340B Program.

(f) DEPARTMENT shall not implement the wholesale prescription drug importation program until the Legislature enacts legislation establishing a charge per prescription or another method of financial support for the program; or another source of program funding is in place.

(g) Upon the last to occur of the Legislature enacting a method of financial support pursuant to Section 3 and receipt of certification and approval by the Secretary of the U.S. Department of Health and Human Services, DEPARTMENT shall begin implementation of the wholesale prescription drug importation program and shall begin operating the program within six months. As part of the implementation process, DEPARTMENT shall, in accordance with State procurement and contract laws, rules, and procedures as appropriate:

(h) Annually, DEPARTMENT shall report to the Legislature, Governor and appropriate DEPARTMENTS regarding the operation of the wholesale prescription drug importation program during the previous calendar year, including: