Senate committee hears bill to broaden state law on interchangeable biologics to lower drug costs

A Senate Health and Human Services committee heard testimony on House Bill 117, brought by Rep. Erica Leon, that would change New Hampshire law to broaden the state27s language about interchangeable biologic products and make statute less dependent on a specific federal "interchangeable" designation.

The measure is intended to make the state27s pharmacy substitution rules responsive to future federal changes and to encourage use of biosimilars, lower‑cost alternatives to brand biologic drugs. "One of the biggest issues our constituents face is the cost of medications, especially biologics," Rep. Erica Leon (Rockingham 13) said in opening remarks, adding that the change could reduce what she called "financial toxicity" for patients and produce modest savings for state programs.

Supporters said biosimilars approved for use carry similar safety profiles to reference biologics and can reduce cost. "We27re advocating for effective policies to promote success of the marketplace, with biosimilars so that biosimilars can bring competition and meaningful cost savings to the health care system," said Chris Kent, state government affairs representative for Amgen, which develops both originator biologics and biosimilars. Kent also recommended clarifications to the draft bill and noted that federal legislation sometimes discussed in Washington 27(so‑called Red Tape Elimination Act)27 remains hypothetical.

Rep. Leon told the committee she had been a House co‑sponsor and took over stewardship of the measure after the prime sponsor, Rep. Gary Merchant, was not reelected. She said the Prescription Drug Affordability Board and other reports show biologics such as Humira, Enbrel and Stelara among the state's costliest retail prescriptions and that aligning state law with federal designations could help patients lower out‑of‑pocket costs.

Committee members suggested several technical fixes during discussion. A committee member asked for an explicit statutory definition of "biosimilar" and for the bill27s cross references to point to the FDA27s Purple Book (the FDA27s listing for licensed biological products and biosimilars) rather than the Orange Book, which covers small‑molecule therapeutics. Rep. Leon accepted those drafting suggestions and indicated willingness to work with stakeholders on definitions and cross‑references.

Industry testimony was mixed. Kent said Amgen supports broader adoption of biosimilars but cautioned that the bill, as drafted, responded to a hypothetical federal change and contains language he and his company would like clarified. He told the committee the federal bill often discussed in Washington would, if enacted, make many biosimilars automatically substitutable at the pharmacy counter; he said that bill had not been reintroduced in the current Congress as of the hearing and noted ongoing federal agency staffing changes.

Patient testimony supported the measure. "When you become a patient, especially for diseases that require a biologic drug, you most likely have a very grievous illness," Michael Leon told the committee, saying lower copays from biosimilar substitution would be significant for people on fixed incomes.

No formal committee action was recorded at the hearing. Rep. Leon said she would continue to coordinate with committee staff and industry to refine definitions and to check whether the proposal would be included in the House27s budget omnibus (HB 2), because of an estimate she cited of roughly $2.5 million in first‑year savings to state programs if broader substitution were adopted.

Why it matters: Biologic medicines are among the state27s costliest prescriptions; making substitution rules responsive to evolving federal policy can shorten the time between federal regulatory change and state statute, supporters said, potentially lowering costs for patients and state health programs.

What27s next: The sponsor said she will work on technical fixes recommended in the hearing and will monitor HB 11727s status for inclusion in omnibus or budget bills.