September 5, 2019

Brought to You by

Keep your finger on the pulse of the most critical issues facing the industry, our Members and Patients with BioNJ's bi-weekly Public Policy Update . Because Patients Can't Wait ®

STATE

Tax Incentive Extension Vetoed, Discussion Ongoing  Governor Murphy on August 23 conditionally vetoed legislation that would have extended the application period for the since-expired Grow NJ program. Both houses of the NJ Legislature had passed the legislation, authored by Assembly Budget Chair Eliana Pintor Marin and Senator Teresa Ruiz, in late June. The legislation would have extended the existing tax incentive programs through January 31, 2020. The Governor’s conditional veto of the legislation recommended a number of changes to Grow NJ and other State tax incentive programs. BioNJ supports continuing New Jersey’s tax incentive programs as a key engine for our State’s innovation economy.

Click here for a copy of the Governor’s conditional veto message

Gag Clause, Claw Back Bill Signed into Law Governor Murphy has signed into law legislation to prohibit the use of “gag clauses” and claw back provisions. The Legislation (S2690/A3993) – that will allow pharmacists to communicate with customers when paying cash for a prescription rather than using insurance – might save the customer money at the pharmacy counter. These contract clauses had the impact of possibly forcing Patients to pay more than necessary for prescriptions, creating an avoidable barrier to Patient access. New Jersey joins dozens of other states in banning both claw back and gag clause provisions. BioNJ thanks Governor Murphy and the legislative sponsors for their work on behalf of New Jersey Patients.

Patient Advocacy Summit Registration Now Open Registration is now open for BioNJ’s Fourth Annual Patient Advocacy Summit, taking place October 4, at Celgene in Summit, NJ. The Summit will bring together Patients, Patient Advocacy Groups, Caregivers and Industry for a morning of Education, Engagement and Empowerment! Attendees will gain valuable tools and insights, share best practices and meet key stakeholders within the health care ecosystem.   Registration is free to Patient Advocacy Groups and BioNJ Member R&D (Innovation) company Patient advocacy and government affairs professionals.

Click here to register for BioNJ's Patient Advocacy Summit

2020 Public Policy Sponsorship Opportunities Available  BioNJ’s Public Policy Support Series sponsorship opportunities are available for 2020. Sponsorship opportunities help ensure BioNJ’s message is delivered in both Trenton and Washington, D.C.

Click here for more information on BioNJ's Public Policy Support Series

FEDERAL

Florida Submits Reimportation Proposal  Following a recent announcement that the FDA was moving forward with potential pathways to allow for legal importation, the State of Florida submitted its plan to proceed with an importation plan for Florida state agencies. The concept paper suggests the plan could save Florida as much as $150 million. The proposal follows the passage of a state law in Florida that would allow for legal importation from Canada. Further details on the Trump Administration’s pathway proposal are forthcoming. Nevertheless, BioNJ believes importation is the wrong way to address the costs Patients pay at the pharmacy counter as importation comes with both safety concerns and little evidence of cost savings to consumers. Stay tuned for additional information on proposed pathways to importation and related concerns.

HHS Appeals DTC Advertising Ruling HHS lost a ruling earlier this summer when a court found that the agency does not have the authority to require manufacturers to display a product’s list price in direct-to-consumer (DTC) advertisements. The July 8 decision found that Congress should act on the issue. HHS filed an August 21 appeal of the July 8 ruling. Notwithstanding the question of legal authority to issue the regulation, BioNJ believes the DTC rule finalized in May will not lower Patient out-of-pocket costs. The regulation would instead create confusion for consumers and could even create barriers to Patients receiving the right treatment at the right time.

Thank You To Our Public Policy Support Series Sponsors

To learn how your organization can become more engaged in BioNJ's public policy efforts, please reach out to BioNJ's Vice President of Government Affairs, John Slotman , at JSlotman@BioNJ.org . Or, for information on BioNJ Membership, please contact Kimberly Minton at KMinton@BioNJ.org . Visit www.BioNJ.org for details.

‌ ‌ ‌