Study of market for generic drugs; effect of pricing on insurance premiums; report to Legislative Assembly.

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(a) A retail drug that is marketed or distributed in accordance with an abbreviated new drug application approved under 21 U.S.C. 355(j);

(b) An authorized generic as defined by 42 C.F.R. 447.502; or

(c) A drug that entered the market before 1962 that was not originally marketed under a new drug application.

(2) The Prescription Drug Affordability Board shall annually conduct a study of the operation of the United States market for generic drugs, both drugs dispensed by pharmacists and drugs administered by physicians, including:

(a) The prices of generic drugs on a year-to-year basis;

(b) The degree to which generic drug prices affect insurance premiums;

(c) Annual changes in health insurance cost-sharing for generic drugs;

(d) The potential for and history of generic drug shortages;

(e) The degree to which generic drug prices affect annual spending in the state medical assistance program; and

(f) Any other topic the board considers relevant to the cost of generic drugs.

(3) No later than June 1 of each calendar year, the board shall report to the Legislative Assembly the findings of the board’s study in the manner provided in ORS 192.245. [2021 c.598 §6]


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