HOUSE CONCURRENT RESOLUTION 101

(By Delegate Rohrbach)

[March 9, 2022]

Urging Congress to pass “Share the Savings” legislation.

Whereas, The retail price of prescription drugs remains a serious challenge for many West Virginians, who depend upon affordable medications to protect and improve their health and well-being; and

            Whereas, West Virginia, in 2021, became the first state in the union to create a law – known as “Share the Savings” legislation – requiring pharmacy benefit managers and health insurers to pass negotiated discounts and rebates directly to patients at the pharmacy counter; and

            Whereas, This law should result in West Virginia patients on commercial insurance saving significantly on the cost of their medications once the program begins in 2022; and

            Whereas, National organizations have recognized the unique solution offered by the West Virginia Legislature to address prescription drug costs for state residents on commercial insurance; and

            Whereas, State officials would like to see this same level of savings extended to West Virginia seniors but cannot as the federal Medicare program is within the purview of Congress, thus leaving West Virginia seniors unprotected from high drug prices; and

            Whereas, The U.S. Senate has, to date, delayed regulatory and legislative actions – including a bill co-sponsored by West Virginia U.S. Senator Shelley Moore Capito – that would lower drug prices at the pharmacy counter; therefore, be it,

            Resolved by the Legislature of West Virginia:

That the West Virginia Legislature calls upon West Virginia’s Congressional delegation to advocate swift and effective congressional action to extend the same level of consumer protections enacted in West Virginia’s “Share the Savings” law to consumers enrolled in Medicare prescription drug plans.