Lexology July 15, 2024
In recent years, several states have implemented independent state boards — called Prescription Drug Affordability Boards (“PDABs”) — to address high drug prices in their health care systems. Amid federal implementation of the IRA, PDABs are being utilized by state legislatures as an additional lever to curtail high drug prices.
Scope of PDAB Authority
As of July 1, 2024, eleven states have enacted PDABs: Colorado, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New Jersey, New York, Ohio, Oregon, and Washington. The authority of a PDAB varies by state; for example, PDABs in Colorado, Minnesota, Washington, and Massachusetts have the authority to identify unaffordable drugs and establish upper payment limits (“UPLs”) for those drugs to reduce drug prices for consumers in their...
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