Bill > H5126

This bill establishes a comprehensive legal framework to prevent price gouging of prescription drugs during market emergencies or shortages. Specifically, the bill makes it a felony to charge unreasonably excessive prices for "vital drugs" during a declared market shortage, with potential penalties of up to five years in prison and a $10,000 fine. The legislation defines key terms such as "market shortage" (inadequate drug supply to meet demand), "vital drugs" (medications used to treat serious or life-threatening conditions), and "unreasonably excessive drug pricing" (prices that grossly exceed average costs in the 30 days prior to the emergency). The bill allows the governor or president to declare a market shortage for up to six months, during which the price-gouging prohibition is in effect. The attorney general is authorized to investigate potential violations and bring legal actions, with the ability to seek injunctions against offenders. The bill also requires the attorney general to consult with various stakeholders annually to reassess the criteria for determining unreasonably excessive drug pricing, ensuring the law remains responsive to changing market conditions and healthcare needs. The legislation aims to protect consumers from exploitation during critical drug supply shortages by imposing significant legal and financial consequences on those who attempt to profit unfairly from such situations.

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