Florida Senate - 2023                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1550
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       Senator Brodeur moved the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 830 - 878
    4  and insert:
    5  the sole discretion of a covered person, provided the covered
    6  person is not penalized, such as through the imposition of a
    7  higher cost-sharing obligation or a lower allowed-quantity
    8  limit, for choosing not to opt in to the mail order or delivery
    9  programs; and
   10         4. Prohibit requiring a covered person to receive
   11  pharmacist services from an affiliated pharmacy or an affiliated
   12  health care provider for the in-person administration of covered
   13  prescription drugs; offering or implementing pharmacy networks
   14  that require or provide a promotional item or an incentive,
   15  defined as anything other than a reduced cost-sharing amount or
   16  enhanced quantity limit allowed under the benefit design for a
   17  covered drug, to a covered person to use an affiliated pharmacy
   18  or an affiliated health care provider for the in-person
   19  administration of covered prescription drugs; or advertising,
   20  marketing, or promoting an affiliated pharmacy to covered
   21  persons. Subject to the foregoing, a pharmacy benefit manager
   22  may include an affiliated pharmacy in communications to covered
   23  persons regarding network pharmacies and prices, provided that
   24  the pharmacy benefit manager includes information, such as links
   25  to all nonaffiliated network pharmacies, in such communications
   26  and that the information provided is accurate and of equal
   27  prominence. This subparagraph may not be construed to prohibit a
   28  pharmacy benefit manager from entering into an agreement with an
   29  affiliated pharmacy to provide pharmacist services to covered
   30  persons.
   31         (f) Prohibit the ability of a pharmacy benefit manager to
   32  condition participation in one pharmacy network on participation
   33  in any other pharmacy network or penalize a pharmacy for
   34  exercising its prerogative not to participate in a specific
   35  pharmacy network.
   36         (g) Prohibit a pharmacy benefit manager from instituting a
   37  network that requires a pharmacy to meet accreditation standards
   38  inconsistent with or more stringent than applicable federal and
   39  state requirements for licensure and operation as a pharmacy in
   40  this state. However, a pharmacy benefit manager may specify
   41  additional specialty networks that require enhanced standards
   42  related to the safety and competency necessary to meet the
   43  United States Food and Drug Administration’s limited
   44  distribution requirements for dispensing any drug that, on a
   45  drug-by-drug basis, requires extraordinary special handling,
   46  provider coordination, or clinical care or monitoring when such
   47  extraordinary requirements cannot be met by a retail pharmacy.
   48  For purposes of this paragraph, drugs requiring extraordinary
   49  special handling are limited to drugs that are subject to a risk
   50  evaluation and mitigation strategy approved by the United States
   51  Food and Drug Administration and that:
   52         1. Require special certification of a health care provider
   53  to prescribe, receive, dispense, or administer; or
   54         2. Require special handling due to the molecular complexity
   55  or cytotoxic properties of the biologic or biosimilar product or
   56  drug.
   57  
   58  For participation in a specialty network, a pharmacy benefit
   59  manager may not require a pharmacy to meet requirements for
   60  participation beyond those necessary to demonstrate the
   61  pharmacy’s ability to dispense the drug in accordance with the
   62  United States Food and Drug Administration’s approved
   63  manufacturer labeling.