Legislative Update – Week of March 27, 2023

Mar 28, 2023

Last week:

In DC, the U.S. Department of Health and Human Services (HHS) and the Department of Commerce (DOC) announced efforts to pursue a whole-of-government approach to review its march-in authority as laid out in the Bayh-Dole Act, which promotes the commercialization of research results, maximizes the potential for federally-funded technologies to become products, and serves the broader interest of the American public. The Interagency Working Group for Bayh-Dole will develop a framework for implementation of the march-in provision that clearly articulates guiding criteria and processes for making determinations where different factors, including price, may be a consideration in agencies’ assessments.

The HHS and DOC announcement followed the release of a final rule by the National Institute of Standards and Technology (NIST), entitled, “Rights to Federally Funded Inventions and Licensing of Government Owned Inventions,” modifying changes to regulations governing the Bayh-Dole Act. The final rule is intended to “streamline and clarify procedures, apply technical corrections, and remove or correct outdated references that had accumulated in the regulations over time.”

This week:

In DC, on Thursday, March 30, 2023, the Senate Finance Committee will hold a hearing entitled, “Pharmacy Benefit Managers and the Prescription Drug Supply Chain: Impact on Patients and Taxpayers.” The hearing will begin at 10:00 a.m. in 215 Dirksen Senate Office Building.

In Massachusetts, Elizabeth Warren kicked off her Senate reelection bid. The state’s senior senator made her third-term bid official in a two-plus-minute video posted to social media on Monday where she laid out a progressive vision for the next six years.

Also, Governor Maura Healey appointed Phillip Eng as the new MBTA general manager. Eng is an engineer with nearly 40 years of experience in transportation, including as President of the Metropolitan Transportation Authority’s (MTA) Long Island Raid Road and Interim President of New York City Transit.

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