Florida Senate - 2017                          SENATOR AMENDMENT
       Bill No. CS for SB 102
       
       
       
       
       
       
                                Ì803430lÎ803430                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             04/26/2017 10:13 AM       .                                
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       Senator Garcia moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Before line 14
    4  insert:
    5         Section 1. Section 465.1862, Florida Statutes, is amended
    6  to read:
    7         465.1862 Pharmacy benefits manager contracts; unlawful
    8  acts.—
    9         (1) As used in this section, the term:
   10         (a) “Maximum allowable cost” means the per-unit amount that
   11  a pharmacy benefits manager reimburses a pharmacist for a
   12  prescription drug, excluding dispensing fees, prior to the
   13  application of copayments, coinsurance, and other cost-sharing
   14  charges, if any.
   15         (b) “Pharmacy benefits manager” means a person or entity
   16  doing business in this state which contracts to administer or
   17  manage prescription drug benefits on behalf of a health
   18  insurance plan, as defined in former s. 627.6482, to residents
   19  of this state.
   20         (2) Each contract execution or contract renewal between a
   21  pharmacy benefits manager and a pharmacy must include
   22  requirements that the pharmacy benefits manager:
   23         (a) Update maximum allowable cost pricing information at
   24  least every 7 calendar days; and
   25         (b) Maintain a process that will, in a timely manner,
   26  eliminate drugs from maximum allowable cost lists or modify drug
   27  prices to remain consistent with changes in pricing data used in
   28  formulating maximum allowable cost prices and product
   29  availability.
   30         (3) A pharmacy benefits manager violates part II of chapter
   31  501 if such pharmacy benefits manager willfully fails to:
   32         (a) Update its maximum allowable cost pricing information
   33  at least once every 7 calendar days; or
   34         (b) Eliminate drugs from maximum allowable cost lists or
   35  modify drug prices to remain consistent with changes in pricing
   36  data used in formulating maximum allowable cost prices and
   37  product availability.
   38  
   39  ================= T I T L E  A M E N D M E N T ================
   40  And the title is amended as follows:
   41         Delete line 2
   42  and insert:
   43         An act relating to health insurance; amending s.
   44         465.1862, F.S.; providing that a pharmacy benefits
   45         manager who willfully fails to perform specified acts
   46         violates the Florida Deceptive and Unfair Trade
   47         Practices Act;