CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 940

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
 1                                 .
                                   .
 2                                 .
                                   .
 3                                 .
                                   .
 4                                                                

 5

 6

 7

 8

 9

10                                                                

11  Senator Lee moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 3, lines 13 through

15            page 5, line 14, delete those lines

16

17  and insert:  order for a drug product to be covered under

18  Medicaid or this program, the product's manufacturer shall:

19         (a)  Provide a rebate to the state equal to the rebate

20  required by the Medicaid program; and

21         (b)  Make the drug product available to the program for

22  the best price that the manufacturer makes the drug product

23  available in the Medicaid program.

24         (c)  File an annual report with the Agency for Health

25  Care Administration which discloses the amount the

26  manufacturer spent on gifts, payments, subsidies, or other

27  financial inducements, other than complimentary samples of

28  medicinal drugs, to physicians licensed under the Board of

29  Medicine, the Board of Osteopathic Medicine, the Board of

30  Podiatric Medicine, and the Board of Dentistry in this state

31  that do not primarily and directly entail a benefit to

                                  1
    9:55 AM   04/28/00                              s0940c2c-23m0b




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 940

    Amendment No.    





 1  patients and are of a substantial value. The manufacturer must

 2  also disclose any gifts, payments, subsidies, or other

 3  financial inducements that exceed $100 per single practitioner

 4  per instance and any cumulative gifts, payments, subsidies, or

 5  other financial inducements that exceed $250 per single

 6  practitioner per year.

 7         (7)  REIMBURSEMENT.--Reimbursements to pharmacies

 8  participating in the pharmaceutical expense assistance program

 9  established under this section shall be equivalent to

10  reimbursements under the Medicaid program.

11         Section 2.  Medicare prescription discount program.--As

12  a condition of participation in the Medicaid program or the

13  pharmacy benefit program, a pharmacy must charge a price no

14  greater than the average wholesale price minus 9 percent, plus

15  a dispensing fee of $4.50, when any Florida resident, who is a

16  Medicare beneficiary, shows a Medicare card when presenting a

17  prescription. However, this section does not prohibit a

18  pharmacy from offering its own senior-citizen

19  prescription-drug discount program that provides a greater

20  discount.

21         Section 3.  For fiscal year 2000-2001, the sum of $15

22  million is appropriated from the General Revenue Fund to the

23  Agency for Health Care Administration for the purpose of

24  implementing the pharmaceutical expense assistance program

25  effective January 1, 2001. Rebates collected under subsection

26  (6) of section 1 of this act shall be used to provide

27  additional benefits or serve additional people in the program.

28

29  (Redesignate subsequent sections.)

30

31

                                  2
    9:55 AM   04/28/00                              s0940c2c-23m0b




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 940

    Amendment No.    





 1  ================ T I T L E   A M E N D M E N T ===============

 2  And the title is amended as follows:

 3         On page 1, line 10 through 20, delete those lines

 4

 5  and insert:

 6         products to be covered under the program or

 7         Medicaid; requiring pharmaceutical

 8         manufacturers to file disclosure reports to the

 9         Agency for Health Care Administration for

10         certain expenditures on certain licensed health

11         care professionals; requiring reimbursements

12         under the program to be the same as those for

13         Medicaid; requiring pharmacies that participate

14         in the program or in Medicaid to agree to

15         limitations on compensation for Medicare

16         beneficiaries; providing appropriations;

17         directing the use of rebates received;

18         providing an

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  3
    9:55 AM   04/28/00                              s0940c2c-23m0b