Delaware Public Media

New legislation introduced aiming to limit prescription drug prices

Jan 5, 2019

New legislation aimed at reducing prescription drug prices is being filed in the Delaware House.


State Rep. Andria Bennett (D-Dover) is sponsoring legislation that would prevent Delawareans from being charged more than a prescription drug’s price. Even if their copay is higher.

She said companies who administer drug benefit plans often make a profit by keeping the difference between the copay and the medication’s actual price, especially for generic drugs.

Bennett said it’s to make sure Delawareans aren’t overpaying for their medication.

“Consumers should be able to get their prescriptions at the lowest price available," she said. "They shouldn’t be being gouged for medications.”

Bennett said she’s especially concerned for seniors on fixed incomes.

“They have to choose whether you know are they going to pay for their heat or they have multiple prescriptions," she said. "Think about that, how that could add up when you’re on multiple prescriptions.”

Researchers in one study found that overpayments nationwide in 2013 totaled $135 million. The National Conference of State Legislatures finds at least 20 states have passed anti-copay clawback laws similar to Bennett’s bill.

Her bill is a companion to the measure she sponsored last year removing a “gag clause” that barred pharmacists from disclosing cheaper price options to patients. That bill was passed and signed into law by Gov. Carney.