KEI Briefing Note 2016:2: 2015-2016 Pharmaceutical Transparency Legislation

The attached briefing note analyzes transparency legislation that has been proposed in 14 states in 2015 and 2016. The bills would require various degrees of transparency for research and development (R&D) and marketing costs, as well as for drug prices and price changes.

The executive summary is reproduced below:

  • 20 bills introduced in 14 states in 2015 and 2016 would enact varying degrees of transparency in the pharmaceutical sector for various costs associated with research and development (R&D) and marketing, and for prices.
  • 18 bills would require disclosure of costs associated with R&D, marketing and advertising, and manufacturing.
  • 19 bills would require disclosure of average wholesale price (AWP) or wholesale acquisition cost (WAC), or both.
  • 4 bills would require the implementation of cost control measures for high­priced drugs or drugs that adversely affect state health care budgets.
  • Overall, 11 of the 20 bills could be traced to 4 originator bills. One of the 20 bills became law in 2016.

The briefing note may be cited as KEI Briefing Note 2016:2, “2015­-2016 Pharmaceutical Transparency Legislation,” September 2016, DOI: 10.17534/KEI.BN.2016.2.