EXCESSIVE PRICE INCREASES PROHIBITED.

62J.842 EXCESSIVE PRICE INCREASES PROHIBITED. § Subdivision 1.Prohibition. No manufacturer shall impose, or cause to be imposed, an excessive price increase, whether directly or through a wholesale distributor, pharmacy, or similar intermediary, on the sale of any generic or off-patent drug sold, dispensed, or delivered to any consumer in the state. § Subd. 2.Excessive price increase. A price increase is excessive for purposes of this section when: (1) the price increase, adjusted for inflation utilizing the Consumer Price Index, exceeds: (i) 15 percent of the wholesale acquisition cost over the immediately preceding calendar year; or (ii) 40 percent of the wholesale acquisition cost over the immediately preceding three calendar years; and (2) the price increase, adjusted for inflation utilizing the Consumer Price Index, exceeds $30 for: (i) a 30-day supply of the drug; or (ii) a course of treatment lasting less than 30 days. § Subd. 3.Exemption. It is not a violation of this section for a wholesale distributor or pharmacy to increase the price of a generic or off-patent drug if the price increase is directly attributable to additional costs for the drug imposed on the wholesale distributor or pharmacy by the manufacturer of the drug. History: 2023 c 57 art 2 s 23