Florida Senate - 2018                             CS for SB 1494
       
       
        
       By the Committee on Health Policy; and Senators Montford and
       Grimsley
       
       
       
       
       588-02927-18                                          20181494c1
    1                        A bill to be entitled                      
    2         An act relating to prescription drug pricing
    3         transparency; amending s. 465.0244, F.S.; requiring
    4         pharmacists to inform customers of less expensive,
    5         generically equivalent drugs for their prescriptions
    6         and as to whether customers’ cost-sharing obligations
    7         exceed the retail price of their prescriptions;
    8         repealing s. 465.1862, F.S., relating to pharmacy
    9         benefit manager contracts; creating s. 624.490, F.S.;
   10         defining the term “pharmacy benefit manager”;
   11         requiring a pharmacy benefit manager to register with
   12         the Office of Insurance Regulation; providing
   13         requirements and terms of registration, including the
   14         payment of a registration fee; requiring the office to
   15         issue certificates of registration and to set an
   16         initial registration fee and a renewal fee, which may
   17         not exceed a specified amount; requiring the office to
   18         adopt rules; creating ss. 627.64741, 627.6572, and
   19         641.314, F.S.; defining the terms “maximum allowable
   20         cost” and “pharmacy benefit manager”; requiring that
   21         certain terms be included in a contract between a
   22         health insurer or a health maintenance organization
   23         and a pharmacy benefit manager; providing
   24         applicability; providing an effective date.
   25          
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Section 465.0244, Florida Statutes, is amended
   29  to read:
   30         465.0244 Information disclosure.—
   31         (1) Every pharmacy shall make available on its website a
   32  hyperlink to the health information that is disseminated by the
   33  Agency for Health Care Administration pursuant to s. 408.05(3)
   34  and shall place in the area where customers receive filled
   35  prescriptions notice that such information is available
   36  electronically and the address of its Internet website.
   37         (2)In addition to the requirements of s. 465.025, a
   38  pharmacist or her or his authorized employee must inform a
   39  customer of a less expensive, generically equivalent drug
   40  product for her or his prescription and as to whether the
   41  customer’s cost-sharing obligation exceeds the retail price of
   42  the prescription in the absence of prescription drug coverage.
   43         Section 2. Section 465.1862, Florida Statutes, is repealed.
   44         Section 3. Section 624.490, Florida Statutes, is created to
   45  read:
   46         624.490Registration of pharmacy benefit managers.—
   47         (1)As used in this section, the term “pharmacy benefit
   48  manager” means a person or entity doing business in this state
   49  which contracts to administer prescription drug benefits on
   50  behalf of a health insurer or a health maintenance organization
   51  to residents of this state.
   52         (2)To conduct business in this state, a pharmacy benefit
   53  manager must register with the office. To register, a pharmacy
   54  benefit manager shall submit:
   55         (a)A fee determined by the office.
   56         (b)A copy of the registrant’s corporate charter, articles
   57  of incorporation, or other charter document.
   58         (c)A form established by the office containing the
   59  identity, address, and taxpayer identification number, when
   60  applicable, of:
   61         1.The registrant.
   62         2.The chief executive officer or a similarly titled person
   63  responsible for the executive oversight of the registrant.
   64         3.The chief financial officer or a similarly titled person
   65  responsible for the financial oversight of the registrant.
   66         4.Each person or entity responsible for the affairs of the
   67  registrant, including, but not limited to, the day-to-day
   68  operations of the registrant.
   69         (3)The registrant shall report any change in information
   70  required by subsection (2) to the office in writing within 60
   71  days after the change occurs.
   72         (4)Upon receipt of a completed registration form and the
   73  registration fee, the office shall issue a registration
   74  certificate. The certificate may be in paper or electronic form,
   75  and shall clearly indicate the expiration date of the
   76  registration. Registration certificates are nontransferable.
   77         (5)A registration certificate is valid for 2 years from
   78  its date of issue. The office shall set an initial registration
   79  fee and a registration renewal fee, both of which shall be
   80  nonrefundable. Total fees may not exceed the cost of
   81  administering this section or $500, whichever is less.
   82         (6)The office shall adopt rules necessary to implement
   83  this section.
   84         Section 4. Section 627.64741, Florida Statutes, is created
   85  to read:
   86         627.64741Pharmacy benefit manager contracts.—
   87         (1)As used in this section, the term:
   88         (a)“Maximum allowable cost” means the per-unit amount that
   89  a pharmacy benefit manager reimburses a pharmacist for a
   90  prescription drug, excluding dispensing fees, prior to the
   91  application of copayments, coinsurance, and other cost-sharing
   92  charges, if any.
   93         (b)“Pharmacy benefit manager” means a person or entity
   94  doing business in this state which contracts to administer or
   95  manage prescription drug benefits on behalf of a health insurer
   96  to residents of this state.
   97         (2)A contract between a health insurer and a pharmacy
   98  benefit manager must require that the pharmacy benefit manager:
   99         (a)Update maximum allowable cost pricing information at
  100  least every 7 calendar days.
  101         (b)Maintain a process that will, in a timely manner,
  102  eliminate drugs from maximum allowable cost lists or modify drug
  103  prices to remain consistent with changes in pricing data used in
  104  formulating maximum allowable cost prices and product
  105  availability.
  106         (3)A contract between a health insurer and a pharmacy
  107  benefit manager must prohibit the pharmacy benefit manager from
  108  limiting a pharmacist’s ability to disclose whether the cost
  109  sharing obligation exceeds the retail price for a covered
  110  prescription drug, and the availability of a more affordable
  111  alternative drug, pursuant to s. 465.0244.
  112         (4)A contract between a health insurer and a pharmacy
  113  benefit manager must prohibit the pharmacy benefit manager from
  114  requiring an insured to make a payment for a prescription drug
  115  at the point of sale in an amount that exceeds the lesser of:
  116         (a)The applicable cost-sharing amount; or
  117         (b)The retail price of the drug in the absence of
  118  prescription drug coverage.
  119         (5) This section applies to contracts entered into or
  120  renewed on or after July 1, 2018.
  121         Section 5. Section 627.6572, Florida Statutes, is created
  122  to read:
  123         627.6572Pharmacy benefit manager contracts.—
  124         (1)As used in this section, the term:
  125         (a)“Maximum allowable cost” means the per-unit amount that
  126  a pharmacy benefit manager reimburses a pharmacist for a
  127  prescription drug, excluding dispensing fees, prior to the
  128  application of copayments, coinsurance, and any other cost
  129  sharing charges.
  130         (b)“Pharmacy benefit manager” means a person or entity
  131  doing business in this state which contracts to administer or
  132  manage prescription drug benefits on behalf of a health insurer
  133  to residents of this state.
  134         (2)A contract between a health insurer and a pharmacy
  135  benefit manager must require that the pharmacy benefit manager:
  136         (a)Update maximum allowable cost pricing information at
  137  least every 7 calendar days.
  138         (b)Maintain a process that will, in a timely manner,
  139  eliminate drugs from maximum allowable cost lists or modify drug
  140  prices to remain consistent with changes in pricing data used in
  141  formulating maximum allowable cost prices and product
  142  availability.
  143         (3)A contract between a health insurer and a pharmacy
  144  benefit manager must prohibit the pharmacy benefit manager from
  145  limiting a pharmacist’s ability to disclose whether the cost
  146  sharing obligation exceeds the retail price for a covered
  147  prescription drug, and the availability of a more affordable
  148  alternative drug, pursuant to s. 465.0244.
  149         (4)A contract between a health insurer and a pharmacy
  150  benefit manager must prohibit the pharmacy benefit manager from
  151  requiring an insured to make a payment for a prescription drug
  152  at the point of sale in an amount that exceeds the lesser of:
  153         (a)The applicable cost-sharing amount; or
  154         (b)The retail price of the drug in the absence of
  155  prescription drug coverage.
  156         (5) This section applies to contracts entered into or
  157  renewed on or after July 1, 2018.
  158         Section 6. Section 641.314, Florida Statutes, is created to
  159  read:
  160         641.314Pharmacy benefit manager contracts.—
  161         (1)As used in this section, the term:
  162         (a)“Maximum allowable cost” means the per-unit amount that
  163  a pharmacy benefit manager reimburses a pharmacist for a
  164  prescription drug, excluding dispensing fees, prior to the
  165  application of copayments, coinsurance, and any other cost
  166  sharing charges.
  167         (b)“Pharmacy benefit manager” means a person or entity
  168  doing business in this state which contracts to administer or
  169  manage prescription drug benefits on behalf of a health
  170  maintenance organization to residents of this state.
  171         (2)A contract between a health maintenance organization
  172  and a pharmacy benefit manager must require that the pharmacy
  173  benefit manager:
  174         (a)Update maximum allowable cost pricing information at
  175  least every 7 calendar days.
  176         (b)Maintain a process that will, in a timely manner,
  177  eliminate drugs from maximum allowable cost lists or modify drug
  178  prices to remain consistent with changes in pricing data used in
  179  formulating maximum allowable cost prices and product
  180  availability.
  181         (3)A contract between a health maintenance organization
  182  and a pharmacy benefit manager must prohibit the pharmacy
  183  benefit manager from limiting a pharmacist’s ability to disclose
  184  whether the cost-sharing obligation exceeds the retail price for
  185  a covered prescription drug, and the availability of a more
  186  affordable alternative drug, pursuant to s. 465.0244.
  187         (4)A contract between a health maintenance organization
  188  and a pharmacy benefit manager must prohibit the pharmacy
  189  benefit manager from requiring a subscriber to make a payment
  190  for a prescription drug at the point of sale in an amount that
  191  exceeds the lesser of:
  192         (a)The applicable cost-sharing amount; or
  193         (b)The retail price of the drug in the absence of
  194  prescription drug coverage.
  195         (5) This section applies to contracts entered into or
  196  renewed on or after July 1, 2018.
  197         Section 7. This act shall take effect July 1, 2018.