The proposed bill, known as the Medical Shortage Protection Act, aims to amend sections 1345.99 and 3901.99 of the Revised Code and introduce new sections 1345.033 and 3901.216. The bill prohibits suppliers of prescription drugs and drug therapy-related devices from increasing prices by more than ten percent during a declared shortage. It defines a shortage based on the invocation of the federal "Defense Production Act" or a state of emergency declared by the governor, following advice from health professionals. Violations of this provision are classified as unconscionable acts, allowing consumers to seek compensatory damages and attorney's fees.
Additionally, the bill restricts health plan issuers from imposing cost-sharing amounts exceeding ten percent above previous rates during a shortage. It establishes penalties for violations, including fines and potential jail time for reckless violations. The bill also creates a medical shortage fund to address shortages of prescription drugs and related supplies, funded by penalties collected under the new provisions. Existing sections 1345.99 and 3901.99 will be repealed, and the act emphasizes consumer protection during medical shortages.
Statutes affected: As Introduced: 1345.99, 3901.99