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Panel advances bill allowing Department of Corrections to choose lowest‑cost brand or generic prescriptions
Summary
Senate Bill 61 would permit the Department of Corrections to purchase brand‑name prescription drugs when that option is less expensive than generics or where clinical records justify it; DOC medical director and sponsor said the change is a cost‑savings measure and would not reduce inmate access to needed medications.
Sen. James Gray, prime sponsor of Senate Bill 61, told the committee the bill was requested by the New Hampshire Department of Corrections to allow the department to purchase non‑generic brand medications when those are less expensive or clinically necessary.
Paula Mattis, director of medical and forensic services for the New Hampshire Department of Corrections, said that although generics are commonly less expensive, there are rare instances where a brand‑name drug is cheaper through manufacturer pricing or negotiated agreements. "We want to remove that from the law so that we are not violating the law when we find better pricing, either directly from the manufacturer for a brand name drug or through pricing agreements," Mattis said. She added that clinical justifications for non‑generic prescribing are maintained in the department's electronic health records.
Committee members asked whether the bill could affect inmate access to medication. Mattis replied that the change is intended to preserve access: "Nothing about this will in any way, shape, or form cause a resident in the facility not to have the medication that they need. This is merely a cost savings, ability for you to chase the best cost savings while still providing the service needed."
The committee recessed and later took executive action. In executive session, a motion was made to pass the bill (mover identified in the hearing record as Senator Reid); the motion was seconded and adopted by voice vote. The transcript records members saying "Aye," but individual roll‑call tallies were not recorded in the public hearing text.
The department provided written testimony to the committee and invited follow‑up questions after the hearing.
