Delaware General Assembly

House Economic Development/Banking/Insurance & Commerce 1/7/21

The General Assembly has ended, the current status is the final status.

1/7/21

Bennett

Sen. Paradee
Rep. Michael Smith

Sen. Ennis, Sokola
Reps. Baumbach, Bentz, Brady, Dorsey Walker, Heffernan, K. Johnson, Kowalko, Lambert, Longhurst, Lynn, Minor-Brown, Mitchell, Osienski, D. Short, K. Williams

AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO THE PROHIBITION OF EXCESSIVE AND UNCONSCIONABLE PRICES FOR PRESCRIPTION DRUGS.

This Act is based on a Model Act to Prevent Excessive and Unconscionable Prices for Prescription Drugs developed by the National Academy for State Health Policy. It prohibits manufacturers from raising the price of prescription drugs outside of certain market conditions that might justify a price hike. It is specifically limited to the prices charged to consumers in the State of Delaware for generic and off-patent drugs. It authorizes the Attorney General to investigate price increases identified by State agencies above a certain threshold. Manufacturers or distributors may be fined up to $10,000 per day for sales which violate the Act. Each sale of a drug excessively and unconscionably priced constitutes a separate violation. A manufacturer or distributor is prohibited from withdrawing a generic or off-patent drug for sale in this State to avoid application of the Act.

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Takes effect upon being signed into law

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