Michigan 2025-2026 Regular Session

Michigan House Bill HB5941

Caption

House Bill 5941 of 2026

Summary

House Bill 5941 would create the “Drug Manufacturer Data Reporting Act” and require drug manufacturers to provide advance notice and detailed disclosures to the Michigan Department of Insurance and Financial Services before certain prescription drug price increases and before introducing high-cost new drugs to the market. For existing drugs, a manufacturer would have to report at least 90 days before increasing the wholesale acquisition cost by 5% or more in a year, or 15% or more over three years, if the drug’s cost for one course of treatment exceeds $40. The required report is broad and includes the drug’s name, whether it is brand, generic, biologic, or biosimilar, the size and timing of the price change, research and development spending, government funding received, direct-to-consumer advertising costs, lobbying expenditures, patent information, and recent FDA approvals or patent expirations. The bill also requires notice within three days after release of a new prescription drug priced above the Medicare Part D specialty-drug threshold, with information about FDA breakthrough or priority review status, acquisition costs if the drug was purchased from another company, and government-supported development costs. The department must compile the submitted information into an annual public report containing aggregate data, while excluding information that could cause financial, competitive, or proprietary harm. The bill exempts the underlying manufacturer submissions from disclosure under the Freedom of Information Act and authorizes the department to adopt rules to implement the act. If enacted, the bill would add a new reporting and oversight framework to Michigan law focused on prescription drug pricing and manufacturer decision-making. It would affect drug manufacturers directly by imposing mandatory disclosure obligations, and it would give the Department of Insurance and Financial Services, the House and Senate fiscal agencies, and legislative health-policy committees access to the reported data. The act would also create enforcement authority through civil fines of up to $100,000 per month for noncompliance, with enforcement by county prosecutors or the attorney general. The law would take effect January 1, 2027. Because there are no committee transcripts or recorded votes provided, the available context does not show formal debate or a recorded partisan split. Based on the bill text alone, the measure appears to be aimed at increasing transparency around drug pricing and the factors behind price increases, which suggests a policy rationale centered on consumer protection and legislative oversight. The absence of recorded opposition or support in the provided materials means no specific sentiment can be attributed to lawmakers from the available history. The main point of contention likely would be the breadth and sensitivity of the required disclosures, especially information about research and development costs, lobbying, advertising, patent strategy, and acquisition prices. Drug manufacturers may view these requirements as burdensome or as exposing proprietary business information, even though the bill attempts to protect confidential material from public release. Supporters would likely emphasize transparency, accountability, and the public interest in understanding prescription drug price increases and high launch prices.

Impact

The bill would amend Michigan law by creating a new reporting regime for prescription drug manufacturers and assigning enforcement and reporting duties to the Department of Insurance and Financial Services. It would require advance notice of significant wholesale acquisition cost increases and high-priced new drug launches, mandate annual aggregate reporting to legislative entities and the public, exempt submitted records from FOIA, and authorize civil penalties and rulemaking. The practical effect would be increased state oversight of drug pricing practices and additional compliance obligations for manufacturers.

Sentiment

No committee testimony or vote record was provided, so there is no documented legislative sentiment in the supplied materials. From the bill text, the measure appears generally pro-transparency and consumer-protection oriented, with an apparent goal of giving state officials and the public more information about prescription drug pricing. Any opposition would likely come from manufacturers concerned about compliance costs, confidentiality, and disclosure of commercially sensitive information.

Contention

The likely areas of contention are the scope of the reporting requirements, the short timeline for notice of new drugs, and the inclusion of potentially sensitive business data such as R&D spending, lobbying costs, advertising expenses, patent strategy, and acquisition prices. Drug manufacturers would likely argue that these disclosures are burdensome and may reveal proprietary information, while supporters would argue that the information is necessary to understand and monitor drug price increases. The bill tries to balance those concerns by allowing the department to withhold information that could cause financial, competitive, or proprietary harm and by exempting submissions from FOIA.

Companion Bills

No companion bills found.

Previously Filed As

MI HB5943

House Bill 5943 of 2026

MI HB5949

House Bill 5949 of 2026

MI HB5940

House Bill 5940 of 2026

MI HB5947

House Bill 5947 of 2026

MI HB5945

House Bill 5945 of 2026

MI HB5942

House Bill 5942 of 2026

MI HB5944

House Bill 5944 of 2026

MI HB5948

House Bill 5948 of 2026

MI HB5991

House Bill 5991 of 2026

MI HB5946

House Bill 5946 of 2026

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