June 11, 2019, Introduced by Reps. Chirkun and Cambensy and referred to the Committee on Government Operations.


     A bill to amend 1976 PA 331, entitled


"Michigan consumer protection act,"


(MCL 445.901 to 445.922) by adding section 9b; and to repeal acts


and parts of acts.




     Sec. 9b. (1) The attorney general shall investigate pricing of


prescription insulin drugs made available to residents of this


state to ensure adequate consumer protections in pricing of


prescription insulin drugs and whether additional consumer


protections are needed.


     (2) As part of the investigation described in subsection (1),


the attorney general shall gather, compile, and analyze information


concerning the organization, business practices, pricing

information, data, reports, or other information that the attorney


general finds necessary to fulfill the requirements of this section


from persons engaged in the manufacture or sale of prescription


insulin drugs. The attorney general shall also consider any


publicly available information related to drug pricing.


     (3) If necessary to fulfill the reporting requirements of this


section, subject to subsection (4), the attorney general may issue


an administrative subpoena that requires any of the following to


furnish material, answers, data, or other information that is


relevant to the investigation:


     (a) Another state officer, department, or agency.


     (b) A pharmacy benefits manager or other carrier.


     (c) A manufacturer of prescription insulin drugs that are made


available in this state.


     (4) A person is not required to provide or disclose trade


secrets in connection with an investigation under subsection (1).


     (5) By November 1, 2020, the attorney general shall issue and


make available to the public a report detailing his or her findings


from the investigation conducted under this section. The attorney


general shall present the report to the governor, the director of


the department of insurance and financial services, and the


standing committees of the senate and house of representatives with


primary responsibility for insurance and health policy issues. The


report must include all of the following:


     (a) A summary of insulin pricing practices and variables that


contribute to pricing of health coverage plans.


     (b) Public policy recommendations to control and prevent

overpricing of prescription insulin drugs made available to


residents of this state.


     (c) Any recommendations for amendments to this act to prevent


unfair, unconscionable, or deceptive methods, acts, or practices in


the conduct of trade or commerce related to the sale of


prescription insulin drugs, including the pricing of those drugs.


     (d) Any other information the attorney general finds necessary


to include.


     (6) As used in this section:


     (a) "Carrier" means that term as defined in section 3701 of


the insurance code of 1956, 1956 PA 218, MCL 500.3701.


     (b) "Prescription insulin drug" means a prescription drug, as


that term is defined in section 17708 of the public health code,


1978 PA 368, MCL 333.17708, that contains insulin and is used to


treat diabetes.


     (c) "Trade secret" means that term as defined in section 2 of


the uniform trade secrets act, 1998 PA 448, MCL 445.1902.


     Enacting section 1. Section 9b of the Michigan consumer


protection act, 1976 PA 331, MCL 445.909b, is repealed effective


December 1, 2020.


     Enacting section 2. This amendatory act takes effect 90 days


after the date it is enacted into law.