Florida Senate - 2023                                    SB 1550
       
       
        
       By Senator Brodeur
       
       
       
       
       
       10-00822D-23                                          20231550__
    1                        A bill to be entitled                      
    2         An act relating to prescription drugs; providing a
    3         short title; amending s. 499.005, F.S.; specifying
    4         additional prohibited acts related to the Florida Drug
    5         and Cosmetic Act; amending s. 499.012, F.S.; providing
    6         that prescription drug manufacturer and nonresident
    7         prescription drug manufacturer permitholders are
    8         subject to specified requirements; creating s.
    9         499.026, F.S.; defining terms; requiring certain drug
   10         manufacturers to notify the Department of Business and
   11         Professional Regulation of reportable drug price
   12         increases on a specified form on the effective date of
   13         such increase; providing requirements for the form;
   14         providing construction; requiring such manufacturers
   15         to submit certain reports to the department by a
   16         specified date each year; providing requirements for
   17         the reports; authorizing the department to request
   18         certain additional information from the manufacturer
   19         before approving the report; requiring the department
   20         to submit the forms and reports to the Agency for
   21         Health Care Administration to be posted on the
   22         agency’s website; prohibiting manufacturers from
   23         claiming a public records exemption for trade secrets
   24         for any information provided in such notifications or
   25         reports; providing that department employees remain
   26         protected from liability for releasing the forms and
   27         reports as public records; authorizing the department,
   28         in consultation with the agency, to adopt rules;
   29         providing for emergency rulemaking; amending s.
   30         624.307, F.S.; requiring the Division of Consumer
   31         Services of the Department of Financial Services to
   32         designate an employee as the primary contact for
   33         consumer complaints involving pharmacy benefit
   34         managers; requiring the division to refer certain
   35         complaints to the Office of Insurance Regulation;
   36         amending s. 624.490, F.S.; revising the definition of
   37         the term “pharmacy benefit manager”; amending s.
   38         626.88, F.S.; revising the definition of the term
   39         “administrator”; defining the term “pharmacy benefit
   40         manager”; amending s. 626.8805, F.S.; providing a
   41         grandfathering provision for certain pharmacy benefit
   42         managers operating as administrators; providing a
   43         penalty for certain persons who do not hold a
   44         certificate of authority to act as an administrator on
   45         or after a specified date; providing additional
   46         requirements for pharmacy benefit managers applying
   47         for a certificate of authority to act as an
   48         administrator; exempting pharmacy benefit managers for
   49         certain fees; amending s. 626.8814, F.S.; requiring
   50         pharmacy benefit managers to identify certain
   51         ownership affiliations to the office; requiring
   52         pharmacy benefit managers to report any change in such
   53         information to the office within a specified
   54         timeframe; creating s. 626.8825, F.S.; defining terms;
   55         providing requirements for certain contracts between a
   56         pharmacy benefit manager and a pharmacy benefits plan
   57         or program or a participating pharmacy; specifying
   58         requirements for certain administrative appeal
   59         procedures that such contracts with participating
   60         pharmacies must include; requiring pharmacy benefit
   61         managers to submit reports on submitted appeals to the
   62         office every 90 days; creating s. 626.8827, F.S.;
   63         specifying prohibited practices for pharmacy benefit
   64         managers; creating s. 626.8828, F.S.; authorizing the
   65         office to investigate administrators that are pharmacy
   66         benefit managers and certain applicants; requiring the
   67         office to review certain referrals and investigate
   68         them under certain circumstances; providing for
   69         biennial reviews of pharmacy benefit managers;
   70         authorizing the office to conduct additional
   71         examinations; requiring the office to conduct an
   72         examination under certain circumstances; providing
   73         procedures and requirements for such examinations;
   74         defining the terms “contracts” and “knowing and
   75         willful”; specifying provisions that apply to such
   76         investigations and examinations; providing
   77         recordkeeping requirements for pharmacy benefit
   78         managers; authorizing the office to order the
   79         production of such records and other specified
   80         information; authorizing the office to take statements
   81         under oath; requiring pharmacy benefit managers and
   82         applicants subjected to an investigation or
   83         examination to pay the associated expenses; specifying
   84         covered expenses; providing for collection of such
   85         expenses; providing for the deposit of certain moneys
   86         into the Insurance Regulatory Trust Fund; authorizing
   87         the office to pay examiners, investigators, and other
   88         persons from such fund; providing administrative
   89         penalties; providing grounds for administrative action
   90         against a certificate of authority; amending s.
   91         626.89, F.S.; requiring pharmacy benefit managers to
   92         notify the office of specified complaints,
   93         settlements, or discipline within a specified
   94         timeframe; requiring pharmacy benefit managers to
   95         annually submit a certain attestation statement to the
   96         office; amending s. 627.42393, F.S.; providing that
   97         certain step-therapy protocol requirements apply to a
   98         pharmacy benefit manager acting on behalf of a health
   99         insurer; amending ss. 627.64741 and 627.6572, F.S.;
  100         conforming provisions to changes made by the act;
  101         amending s. 641.31, F.S.; providing that certain step
  102         therapy protocol requirements apply to a pharmacy
  103         benefit manager acting on behalf of a health
  104         maintenance organization; amending s. 641.314, F.S.;
  105         conforming a provision to changes made by the act;
  106         amending s. 624.491, F.S.; conforming a cross
  107         reference; providing legislative intent, construction,
  108         and severability; providing an appropriation;
  109         providing an effective date.
  110          
  111  Be It Enacted by the Legislature of the State of Florida:
  112  
  113         Section 1. This act may be cited as the “Prescription Drug
  114  Reform Act.”
  115         Section 2. Subsection (29) is added to section 499.005,
  116  Florida Statutes, to read:
  117         499.005 Prohibited acts.—It is unlawful for a person to
  118  perform or cause the performance of any of the following acts in
  119  this state:
  120         (29) Failure to accurately complete and timely submit
  121  reportable drug price increase forms and reports as required
  122  under this part and rules adopted thereunder.
  123         Section 3. Subsection (16) is added to section 499.012,
  124  Florida Statutes, to read:
  125         499.012 Permit application requirements.—
  126         (16) A permit for a prescription drug manufacturer or a
  127  nonresident prescription drug manufacturer is subject to the
  128  requirements of s. 499.026.
  129         Section 4. Section 499.026, Florida Statutes, is created to
  130  read:
  131         499.026 Notification of manufacturer prescription drug
  132  price increases.—
  133         (1)As used in this section, the term:
  134         (a)“Course of therapy” means the recommended daily dose
  135  units of a prescription drug pursuant to its prescribing label
  136  for 30 days or the recommended daily dose units of a
  137  prescription drug pursuant to its prescribing label for a normal
  138  course of treatment which is less than 30 days.
  139         (b)“Manufacturer” means a person holding a prescription
  140  drug manufacturer permit or a nonresident prescription drug
  141  manufacturer permit under s. 499.01.
  142         (c)“Prescription drug” has the same meaning as in s.
  143  499.003 and includes biological products but is limited to those
  144  prescription drugs and biological products intended for human
  145  use.
  146         (d)“Reportable drug price increase” means, for a
  147  prescription drug with a wholesale acquisition cost of at least
  148  $100 for a course of therapy before the effective date of an
  149  increase:
  150         1.Any increase of 15 percent or more of the wholesale
  151  acquisition cost during the preceding 12-month period; or
  152         2.Any increase of 40 percent or more of the wholesale
  153  acquisition cost during the preceding 3 calendar years.
  154         (e)“Wholesale acquisition cost” means, with respect to a
  155  prescription drug or biological product, the manufacturer’s list
  156  price for the prescription drug or biological product to
  157  wholesalers or direct purchasers in the United States, not
  158  including prompt pay or other discounts, rebates, or reductions
  159  in price, for the most recent month for which the information is
  160  available, as reported in wholesale price guides or other
  161  publications of drug or biological product pricing data.
  162         (2)On the effective date of a manufacturer’s reportable
  163  drug price increase, the manufacturer must provide notification
  164  of each reportable drug price increase to the department on a
  165  form prescribed by the department. The form must require the
  166  manufacturer to specify all of the following:
  167         (a)The proprietary and nonproprietary names of the
  168  prescription drug, as applicable.
  169         (b)The wholesale acquisition cost before the reportable
  170  drug price increase.
  171         (c)The dollar amount of the reportable drug price
  172  increase.
  173         (d)The percentage amount of the reportable drug price
  174  increase from the wholesale acquisition cost before the
  175  reportable drug price increase.
  176         (e)A statement regarding whether a change or improvement
  177  in the prescription drug necessitates the reportable drug price
  178  increase. If so, the manufacturer must describe the change or
  179  improvement.
  180         (f)The intended uses of the prescription drug.
  181  
  182  This subsection does not prohibit a manufacturer from notifying
  183  other parties, such as pharmacy benefit managers, of a drug
  184  price increase before the effective date of the drug price
  185  increase.
  186         (3)By April 1 of each year, each manufacturer shall submit
  187  a report to the department on a form prescribed by the
  188  department. A report is not deemed to be submitted until
  189  approved by the department. At a minimum, the report must
  190  include all of the following:
  191         (a)A list of all prescription drugs affected by a
  192  reportable drug price increase during the previous calendar year
  193  and both the dollar amount of each reportable drug price
  194  increase and the percentage increase of each reportable drug
  195  price increase relative to the previous wholesale acquisition
  196  cost of the prescription drug. The prescription drugs shall be
  197  identified using their proprietary names and nonproprietary
  198  names, as applicable.
  199         (b)If more than one form has been filed under this section
  200  for previous reportable drug price increases, the percentage
  201  increase of the prescription drug from the earliest form filed
  202  to the most recent form filed.
  203         (c)The intended uses of each prescription drug listed in
  204  the report and whether the prescription drug manufacturer
  205  benefits from market exclusivity for such drug.
  206         (d)The length of time the prescription drug has been
  207  available for purchase.
  208         (e)A complete description of the factors contributing to
  209  each reportable drug price increase. The factors must be
  210  provided with such specificity as to explain the need or
  211  justification for each reportable drug price increase. The
  212  department may request additional information from a
  213  manufacturer relating to the need or justification of any
  214  reportable drug price increase before approving the
  215  manufacturer’s report.
  216         (f)Any action that the manufacturer has filed to extend a
  217  patent report after the first extension has been granted.
  218         (4)(a)The department shall submit all forms and reports
  219  submitted by manufacturers to the Agency for Health Care
  220  Administration, to be posted on the agency’s website pursuant to
  221  s. 408.062.
  222         (b)A manufacturer may not claim a public records exemption
  223  for a trade secret under s. 119.0715 for any information
  224  required by the department under this section. Department
  225  employees remain protected from liability for release of forms
  226  and reports pursuant to s. 119.0715(4).
  227         (5)The department, in consultation with the Agency for
  228  Health Care Administration, shall adopt rules to implement this
  229  section.
  230         (a)The department shall adopt necessary emergency rules
  231  pursuant to s. 120.54(4) to implement this section. If an
  232  emergency rule adopted under this section is held to be
  233  unconstitutional or an invalid exercise of delegated legislative
  234  authority and becomes void, the department may adopt an
  235  emergency rule pursuant to this section to replace the rule that
  236  has become void. If the emergency rule adopted to replace the
  237  void emergency rule is also held to be unconstitutional or an
  238  invalid exercise of delegated legislative authority and becomes
  239  void, the department shall follow the nonemergency rulemaking
  240  procedures of the Administrative Procedure Act to replace the
  241  rule that has become void.
  242         (b)For emergency rules adopted under this section, the
  243  department need not make the findings required under s.
  244  120.54(4)(a). Emergency rules adopted under this section are
  245  also exempt from:
  246         1.Sections 120.54(3)(b) and 120.541. Challenges to
  247  emergency rules adopted under this section are subject to the
  248  time schedules provided in s. 120.56(5).
  249         2.Section 120.54(4)(c), and remain in effect until
  250  replaced by rules adopted under the nonemergency rulemaking
  251  procedures of the Administrative Procedure Act.
  252         Section 5. Paragraph (a) of subsection (10) of section
  253  624.307, Florida Statutes, is amended, and paragraph (b) of that
  254  subsection is republished, to read:
  255         624.307 General powers; duties.—
  256         (10)(a) The Division of Consumer Services shall perform the
  257  following functions concerning products or services regulated by
  258  the department or office:
  259         1. Receive inquiries and complaints from consumers.
  260         2. Prepare and disseminate information that the department
  261  deems appropriate to inform or assist consumers.
  262         3. Provide direct assistance to and advocacy for consumers
  263  who request such assistance or advocacy.
  264         4. With respect to apparent or potential violations of law
  265  or applicable rules committed by a person or entity licensed by
  266  the department or office, report apparent or potential
  267  violations to the office or to the appropriate division of the
  268  department, which may take any additional action it deems
  269  appropriate.
  270         5. Designate an employee of the division as the primary
  271  contact for consumers on issues relating to sinkholes.
  272         6.Designate an employee of the division as the primary
  273  contact for consumers on issues relating to pharmacy benefit
  274  managers. The division must refer to the office any consumer
  275  complaint that alleges conduct that may constitute a violation
  276  of part VII of chapter 626 or for which a pharmacy benefit
  277  manager does not respond in accordance with paragraph (b).
  278         (b) Any person licensed or issued a certificate of
  279  authority by the department or the office shall respond, in
  280  writing, to the division within 20 days after receipt of a
  281  written request for documents and information from the division
  282  concerning a consumer complaint. The response must address the
  283  issues and allegations raised in the complaint and include any
  284  requested documents concerning the consumer complaint not
  285  subject to attorney-client or work-product privilege. The
  286  division may impose an administrative penalty for failure to
  287  comply with this paragraph of up to $2,500 per violation upon
  288  any entity licensed by the department or the office and $250 for
  289  the first violation, $500 for the second violation, and up to
  290  $1,000 for the third or subsequent violation upon any individual
  291  licensed by the department or the office.
  292         Section 6. Subsection (1) of section 624.490, Florida
  293  Statutes, is amended to read:
  294         624.490 Registration of pharmacy benefit managers.—
  295         (1) As used in this section, the term “pharmacy benefit
  296  manager” has the same meaning as in s. 626.88 means a person or
  297  entity doing business in this state which contracts to
  298  administer prescription drug benefits on behalf of a health
  299  insurer or a health maintenance organization to residents of
  300  this state.
  301         Section 7. Subsection (1) of section 626.88, Florida
  302  Statutes, is amended, and subsection (6) is added to that
  303  section, to read:
  304         626.88 Definitions.—For the purposes of this part, the
  305  term:
  306         (1) “Administrator” means is any person who directly or
  307  indirectly solicits or effects coverage of, collects charges or
  308  premiums from, or adjusts or settles claims on residents of this
  309  state in connection with authorized commercial self-insurance
  310  funds or with insured or self-insured programs which provide
  311  life or health insurance coverage or coverage of any other
  312  expenses described in s. 624.33(1); or any person who, through a
  313  health care risk contract as defined in s. 641.234 with an
  314  insurer or health maintenance organization, provides billing and
  315  collection services to health insurers and health maintenance
  316  organizations on behalf of health care providers; or a pharmacy
  317  benefit manager. The term does not include, other than any of
  318  the following persons:
  319         (a) An employer or wholly owned direct or indirect
  320  subsidiary of an employer, on behalf of such employer’s
  321  employees or the employees of one or more subsidiary or
  322  affiliated corporations of such employer.
  323         (b) A union on behalf of its members.
  324         (c) An insurance company which is either authorized to
  325  transact insurance in this state or is acting as an insurer with
  326  respect to a policy lawfully issued and delivered by such
  327  company in and pursuant to the laws of a state in which the
  328  insurer was authorized to transact an insurance business.
  329         (d) A health care services plan, health maintenance
  330  organization, professional service plan corporation, or person
  331  in the business of providing continuing care, possessing a valid
  332  certificate of authority issued by the office, and the sales
  333  representatives thereof, if the activities of such entity are
  334  limited to the activities permitted under the certificate of
  335  authority.
  336         (e) An entity that is affiliated with an insurer and that
  337  only performs the contractual duties, between the administrator
  338  and the insurer, of an administrator for the direct and assumed
  339  insurance business of the affiliated insurer. The insurer is
  340  responsible for the acts of the administrator and is responsible
  341  for providing all of the administrator’s books and records to
  342  the insurance commissioner, upon a request from the insurance
  343  commissioner. For purposes of this paragraph, the term “insurer”
  344  means a licensed insurance company, health maintenance
  345  organization, prepaid limited health service organization, or
  346  prepaid health clinic.
  347         (f) A nonresident entity licensed in its state of domicile
  348  as an administrator if its duties in this state are limited to
  349  the administration of a group policy or plan of insurance and no
  350  more than a total of 100 lives for all plans reside in this
  351  state.
  352         (g) An insurance agent licensed in this state whose
  353  activities are limited exclusively to the sale of insurance.
  354         (h) A person appointed as a managing general agent in this
  355  state, whose activities are limited exclusively to the scope of
  356  activities conveyed under such appointment.
  357         (i) An adjuster licensed in this state whose activities are
  358  limited to the adjustment of claims.
  359         (j) A creditor on behalf of such creditor’s debtors with
  360  respect to insurance covering a debt between the creditor and
  361  its debtors.
  362         (k) A trust and its trustees, agents, and employees acting
  363  pursuant to such trust established in conformity with 29 U.S.C.
  364  s. 186.
  365         (l) A trust exempt from taxation under s. 501(a) of the
  366  Internal Revenue Code, a trust satisfying the requirements of
  367  ss. 624.438 and 624.439, or any governmental trust as defined in
  368  s. 624.33(3), and the trustees and employees acting pursuant to
  369  such trust, or a custodian and its agents and employees,
  370  including individuals representing the trustees in overseeing
  371  the activities of a service company or administrator, acting
  372  pursuant to a custodial account which meets the requirements of
  373  s. 401(f) of the Internal Revenue Code.
  374         (m) A financial institution which is subject to supervision
  375  or examination by federal or state authorities or a mortgage
  376  lender licensed under chapter 494 who collects and remits
  377  premiums to licensed insurance agents or authorized insurers
  378  concurrently or in connection with mortgage loan payments.
  379         (n) A credit card issuing company which advances for and
  380  collects premiums or charges from its credit card holders who
  381  have authorized such collection if such company does not adjust
  382  or settle claims.
  383         (o) A person who adjusts or settles claims in the normal
  384  course of such person’s practice or employment as an attorney at
  385  law and who does not collect charges or premiums in connection
  386  with life or health insurance coverage.
  387         (p) A person approved by the department who administers
  388  only self-insured workers’ compensation plans.
  389         (q) A service company or service agent and its employees,
  390  authorized in accordance with ss. 626.895-626.899, serving only
  391  a single employer plan, multiple-employer welfare arrangements,
  392  or a combination thereof.
  393         (r) Any provider or group practice, as defined in s.
  394  456.053, providing services under the scope of the license of
  395  the provider or the member of the group practice.
  396         (s) Any hospital providing billing, claims, and collection
  397  services solely on its own and its physicians’ behalf and
  398  providing services under the scope of its license.
  399         (t) A corporation not for profit whose membership consists
  400  entirely of local governmental units authorized to enter into
  401  risk management consortiums under s. 112.08.
  402  
  403  A person who provides billing and collection services to health
  404  insurers and health maintenance organizations on behalf of
  405  health care providers shall comply with the provisions of ss.
  406  627.6131, 641.3155, and 641.51(4).
  407         (6)“Pharmacy benefit manager” means a person or entity
  408  doing business in this state which contracts to administer
  409  prescription drug benefits on behalf of a pharmacy benefits plan
  410  or program as defined in s. 626.8825. The term includes, but is
  411  not limited to, a person or entity that performs one or more of
  412  the following services:
  413         (a)Pharmacy claims processing.
  414         (b)Administration or management of pharmacy discount card
  415  programs.
  416         (c)Managing pharmacy networks or pharmacy reimbursement.
  417         (d)Paying or managing claims for pharmacist services
  418  provided to covered persons.
  419         (e)Developing or managing a clinical formulary, including
  420  utilization management or quality assurance programs.
  421         (f)Pharmacy rebate administration.
  422         (g)Managing patient compliance, therapeutic intervention,
  423  or generic substitution programs.
  424         Section 8. Present subsections (3) through (6) of section
  425  626.8805, Florida Statutes, are redesignated as subsection (4)
  426  through (7), respectively, a new subsection (3) and subsection
  427  (8) are added to that section, and subsection (1) and present
  428  subsection (3) of that section are amended, to read:
  429         626.8805 Certificate of authority to act as administrator.—
  430         (1) It is unlawful for any person to act as or hold himself
  431  or herself out to be an administrator in this state without a
  432  valid certificate of authority issued by the office pursuant to
  433  ss. 626.88-626.894. A pharmacy benefit manager that is
  434  registered with the office under s. 624.490 as of June 30, 2023,
  435  may continue to operate until January 1, 2024, as an
  436  administrator without a certificate of authority and is not in
  437  violation of the requirement to possess a valid certificate of
  438  authority as an administrator during that timeframe. To qualify
  439  for and hold authority to act as an administrator in this state,
  440  an administrator must otherwise be in compliance with this code
  441  and with its organizational agreement. The failure of any
  442  person, excluding a pharmacy benefit manager, to hold such a
  443  certificate while acting as an administrator shall subject such
  444  person to a fine of not less than $5,000 or more than $10,000
  445  for each violation. A person who, on or after January 1, 2024,
  446  does not hold a certificate of authority to act as an
  447  administrator while operating as a pharmacy benefit manager is
  448  subject to a fine of $10,000 per violation per day.
  449         (3) An applicant that is a pharmacy benefit manager must
  450  also submit all of the following:
  451         (a)A complete biographical statement on forms prescribed
  452  by the commission, an independent investigation report, and
  453  fingerprints obtained pursuant to chapter 624, of all of the
  454  individuals referred to in paragraph (2)(c).
  455         (b)A self-disclosure of any administrative, civil, or
  456  criminal complaints, settlements, or discipline of the
  457  applicant, or any of the applicant’s affiliates, which relate to
  458  a violation of the insurance laws, including pharmacy benefit
  459  manager laws, in any state.
  460         (c)A statement attesting to compliance with the network
  461  requirements in s. 626.8825 beginning January 1, 2024.
  462         (4)(a) The applicant shall make available for inspection by
  463  the office copies of all contracts relating to services provided
  464  by the administrator to insurers or other persons using the
  465  services of the administrator.
  466         (b)An applicant that is a pharmacy benefit manager shall
  467  also make available for inspection by the office:
  468         1.Copies of all contract templates with any pharmacy as
  469  defined in s. 465.003; and
  470         2.Copies of all subcontracts to support its operations.
  471         (8)A pharmacy benefit manager is exempt from fees
  472  associated with the initial application and the annual filing
  473  fees in s. 626.89.
  474         Section 9. Section 626.8814, Florida Statutes, is amended
  475  to read:
  476         626.8814 Disclosure of ownership or affiliation.—
  477         (1) Each administrator shall identify to the office any
  478  ownership interest or affiliation of any kind with any insurance
  479  company responsible for providing benefits directly or through
  480  reinsurance to any plan for which the administrator provides
  481  administrative services.
  482         (2)Pharmacy benefit managers shall also identify to the
  483  office any ownership affiliation of any kind with any pharmacy
  484  which, either directly or indirectly, through one or more
  485  intermediaries:
  486         (a)Has an investment or ownership interest in a pharmacy
  487  benefit manager holding a certificate of authority issued under
  488  this part;
  489         (b)Shares common ownership with a pharmacy benefit manager
  490  holding a certificate of authority issued under this part; or
  491         (c)Has an investor or a holder of an ownership interest
  492  which is a pharmacy benefit manager holding a certificate of
  493  authority issued under this part.
  494         (3)A pharmacy benefit manager shall report any change in
  495  information required by subsection (2) to the office in writing
  496  within 60 days after the change occurs.
  497         Section 10. Section 626.8825, Florida Statutes, is created
  498  to read:
  499         626.8825 Pharmacy benefit manager transparency and
  500  accountability.—
  501         (1)DEFINITIONS.—As used in this section, the term:
  502         (a)“Adjudication transaction fee” means a fee charged by
  503  the pharmacy benefit manager to the pharmacy for electronic
  504  claim submissions.
  505         (b)“Affiliated pharmacy” means a pharmacy that, either
  506  directly or indirectly through one or more intermediaries:
  507         1.Has an investment or ownership interest in a pharmacy
  508  benefit manager holding a certificate of authority issued under
  509  this part;
  510         2.Shares common ownership with a pharmacy benefit manager
  511  holding a certificate of authority issued under this part; or
  512         3.Has an investor or a holder of an ownership interest
  513  which is a pharmacy benefit manager holding a certificate of
  514  authority issued under this part.
  515         (c)“Brand name or generic effective rate” means the
  516  contractual rate set forth by a pharmacy benefit manager for the
  517  reimbursement of covered brand name or generic drugs, calculated
  518  using the total payments in the aggregate, by drug type, during
  519  the performance period. The effective rates are typically
  520  calculated as a discount from industry benchmarks, such as
  521  average wholesale price or wholesale acquisition cost.
  522         (d)“Covered person” means a person covered by,
  523  participating in, or receiving the benefit of a pharmacy
  524  benefits plan or program.
  525         (e)“Direct and indirect remuneration fees” means price
  526  concessions that are paid to the pharmacy benefit manager by the
  527  pharmacy retrospectively and that cannot be calculated at the
  528  point of sale. The term may also include discounts, chargebacks
  529  or rebates, cash discounts, free goods contingent on a purchase
  530  agreement, upfront payments, coupons, goods in kind, free or
  531  reduced-price services, grants, or other price concessions or
  532  similar benefits from manufacturers, pharmacies, or similar
  533  entities.
  534         (f)“Dispensing fee” means a fee intended to cover
  535  reasonable costs associated with providing the drug to a covered
  536  person. This cost includes the pharmacist’s services and the
  537  overhead associated with maintaining the facility and equipment
  538  necessary to operate the pharmacy.
  539         (g)“Effective rate guarantee” means the minimum ingredient
  540  cost reimbursement a pharmacy benefit manager guarantees it will
  541  pay for pharmacist services during the applicable measurement
  542  period.
  543         (h)“Erroneous claims” means pharmacy claims submitted in
  544  error, including, but not limited to, unintended, incorrect,
  545  fraudulent, or test claims.
  546         (i)“Incentive payment” means a retrospective monetary
  547  payment made as a reward or recognition by the pharmacy benefits
  548  plan or program or pharmacy benefit manager to a pharmacy for
  549  meeting or exceeding predefined pharmacy performance metrics as
  550  related to quality measure, such as Healthcare Effectiveness
  551  Data and Information Set measures.
  552         (j)“Maximum allowable cost appeal pricing adjustment”
  553  means a retrospective positive payment adjustment made to a
  554  pharmacy by the pharmacy benefits plan or program or by the
  555  pharmacy benefit manager pursuant to an approved maximum
  556  allowable cost appeal request submitted by the same pharmacy to
  557  dispute the amount reimbursed for a drug based on the pharmacy
  558  benefit manager’s listed maximum allowable cost price.
  559         (k)“Monetary recoupments” means rescinded or recouped
  560  payments from a pharmacy or provider by the pharmacy benefits
  561  plan or program or by the pharmacy benefit manager.
  562         (l)“Network” means a pharmacy or group of pharmacies that
  563  agree to provide pharmacist services to covered persons on
  564  behalf of a pharmacy benefits plan or program or a group of
  565  pharmacy benefits plans or programs in exchange for payment for
  566  such services. The term includes a pharmacy that generally
  567  dispenses outpatient prescription drugs to covered persons or
  568  dispenses particular types of prescription drugs, provides
  569  pharmacist services to particular types of covered persons, or
  570  dispenses prescriptions in particular health care settings,
  571  including networks of specialty, institutional, or long-term
  572  care facilities.
  573         (m)“Network reconciliation offsets” means a process during
  574  annual payment reconciliation between a pharmacy benefit manager
  575  and a pharmacy which allows the pharmacy benefit manager to
  576  offset an amount for overperformance or underperformance of
  577  contractual guarantees across guaranteed line items, channels,
  578  networks, or payers, as applicable.
  579         (n)“Participation contract” means any agreement between a
  580  pharmacy benefit manager and pharmacy for the provision and
  581  reimbursement of pharmacist services and any exhibits,
  582  attachments, amendments, or addendums to such agreement.
  583         (o)“Pass-through pricing model” means a payment model used
  584  by a pharmacy benefit manager in which the payments made by the
  585  pharmacy benefits plan or program to the pharmacy benefit
  586  manager for the covered outpatient drugs are:
  587         1.Equivalent to the payments the pharmacy benefit manager
  588  makes to a dispensing pharmacy or provider for such drugs,
  589  including any contracted professional dispensing fee between the
  590  pharmacy benefit manager and its network of pharmacies. Such
  591  dispensing fee would be paid if the pharmacy benefits plan or
  592  program was making the payments directly.
  593         2.Passed through in their entirety by the pharmacy
  594  benefits plan or program or by the pharmacy benefit manager to
  595  the pharmacy or provider that dispenses the drugs, and the
  596  payments are made in a manner that is not offset by any
  597  reconciliation.
  598         (p)“Pharmacist” means a pharmacist as defined in s.
  599  465.003.
  600         (q)“Pharmacist services” means products, goods, and
  601  services or any combination of products, goods, and services
  602  provided as part of the practice of the profession of pharmacy
  603  as defined in s. 465.003 or otherwise covered by a pharmacy
  604  benefits plan or program.
  605         (r)“Pharmacy” means a pharmacy as defined in s. 465.003.
  606         (s)“Pharmacy benefit manager” has the same meaning as in
  607  s. 626.88.
  608         (t)“Pharmacy benefits plan or program” means a plan or
  609  program that pays for, reimburses, covers the cost of, or
  610  provides access to discounts on pharmacist services provided by
  611  one or more pharmacies to covered persons who reside in, are
  612  employed by, or receive pharmacist services from this state. The
  613  term includes, but is not limited to, health maintenance
  614  organizations, health insurers, self-insured employer health
  615  plans, discount card programs, and government-funded health
  616  plans, including the Statewide Medicaid Managed Care program
  617  established pursuant to part IV of chapter 409 and the state
  618  group insurance program pursuant to part I of chapter 110.
  619         (u)“Rebate” means all payments that accrue to a pharmacy
  620  benefit manager or its pharmacy benefits plan or program client,
  621  directly or indirectly, from a pharmaceutical manufacturer,
  622  including, but not limited to, discounts, administration fees,
  623  credits, incentives, or penalties associated directly or
  624  indirectly in any way with claims administered on behalf of a
  625  pharmacy benefits plan or program client.
  626         (v)“Spread pricing” is the practice in which a pharmacy
  627  benefit manager charges a pharmacy benefits plan or program a
  628  different amount for pharmacist services than the amount the
  629  pharmacy benefit manager reimburses a pharmacy for such
  630  pharmacist services.
  631         (w)“Usual and customary price” means the amount charged to
  632  cash customers for a pharmacist service exclusive of sales tax
  633  or other amounts claimed.
  634         (2)CONTRACTS BETWEEN A PHARMACY BENEFIT MANAGER AND A
  635  PHARMACY BENEFITS PLAN OR PROGRAM.—In addition to any other
  636  requirements in the Florida Insurance Code, all contractual
  637  arrangements executed, amended, adjusted, or renewed on or after
  638  July 1, 2023, which are applicable to pharmacy benefits covered
  639  on or after January 1, 2024, between a pharmacy benefit manager
  640  and a pharmacy benefits plan or program must:
  641         (a)Use a pass-through pricing model, remaining consistent
  642  with the prohibition in paragraph (3)(c).
  643         (b)Exclude terms that allow for the direct or indirect
  644  engagement in the practice of spread pricing unless the pharmacy
  645  benefit manager passes along the entire amount of such
  646  difference to the pharmacy benefits plan or program as allowable
  647  under paragraph (a).
  648         (c)Ensure that funds received in relation to providing
  649  services for a pharmacy benefits plan or program or a pharmacy
  650  are received by the pharmacy benefit manager in trust for the
  651  pharmacy benefits plan or program or pharmacy, as applicable,
  652  and are used or distributed only pursuant to the pharmacy
  653  benefit manager’s contract with the pharmacy benefits plan or
  654  program or with the pharmacy or as otherwise required by
  655  applicable law.
  656         (d)Include network adequacy requirements that meet or
  657  exceed the Medicare Part D program standards for convenient
  658  access to network pharmacies set forth in 42 C.F.R. s. 423.120,
  659  and that:
  660         1.Do not limit a network to solely include affiliated
  661  pharmacies;
  662         2.Require a pharmacy benefit manager to offer a provider
  663  contract to licensed pharmacies physically located on the
  664  physical site of providers within the pharmacy benefits plan’s
  665  or program’s geographic service area which have been
  666  specifically designated as essential providers by the Agency for
  667  Health Care Administration pursuant to s. 409.975(1)(a), and
  668  Florida cancer hospitals that meet the criteria in s.
  669  409.975(1)(b), regardless of the pharmacy benefits plan’s or
  670  program’s geographic service area, solely for the administration
  671  or dispensing of covered prescription drugs, including
  672  biological products, that are administered through infusions,
  673  intravenously injected, inhaled during a surgical procedure, or
  674  a covered parenteral drug, as part of onsite outpatient care;
  675         3.Do not require a covered person to receive a
  676  prescription drug by United States mail, common carrier, local
  677  courier, third-party company or delivery service, or pharmacy
  678  direct delivery. This subparagraph does not prohibit a pharmacy
  679  benefit manager from operating mail order or delivery programs
  680  on an opt-in basis at the sole discretion of a covered person;
  681         4.Prohibit a requirement for a covered person to receive
  682  pharmacist services from an affiliated pharmacy or an affiliated
  683  health care provider for the in-person administration of covered
  684  prescription drugs; offering or implementing pharmacy networks
  685  that require or incentivize a covered person to use an
  686  affiliated pharmacy or an affiliated health care provider for
  687  the in-person administration of covered prescription drugs; or
  688  advertising, marketing, or promoting an affiliated pharmacy to
  689  covered persons. Subject to the foregoing, a pharmacy benefit
  690  manager may include an affiliated pharmacy in communications to
  691  covered persons regarding network pharmacies and prices,
  692  provided that the pharmacy benefit manager includes information,
  693  such as links to all nonaffiliated network pharmacies, in such
  694  communications and that the information provided is accurate and
  695  of equal prominence. This paragraph may not be construed to
  696  prohibit a pharmacy benefit manager from entering into an
  697  agreement with an affiliated pharmacy to provide pharmacist
  698  services to covered persons.
  699         (e)Prohibit the ability of a pharmacy benefit manager to
  700  condition participation in one pharmacy network on participation
  701  in any other pharmacy network or penalize a pharmacy for
  702  exercising its prerogative not to participate in a specific
  703  pharmacy network.
  704         (f)Prohibit a pharmacy benefit manager from instituting a
  705  network that requires a pharmacy to meet accreditation standards
  706  inconsistent with or more stringent than applicable federal and
  707  state requirements for licensure and operation as a pharmacy in
  708  this state.
  709         (3)CONTRACTS BETWEEN A PHARMACY BENEFIT MANAGER AND A
  710  PARTICIPATING PHARMACY.—In addition to other requirements in the
  711  Florida Insurance Code, a participation contract executed,
  712  amended, adjusted, or renewed on or after July 1, 2023, that
  713  applies to pharmacist services on or after January 1, 2024,
  714  between a pharmacy benefit manager and one or more pharmacies or
  715  pharmacists, must include, in substantial form, terms that
  716  ensure compliance with all of the following requirements, and
  717  which, except to the extent not allowed by law, shall supersede
  718  any contractual terms in the participation contract to the
  719  contrary:
  720         (a)At the time of adjudication for electronic claims or
  721  the time of reimbursement for non-electronic claims, the
  722  pharmacy benefit manager shall provide the pharmacy with a
  723  remittance, including such detailed information as is necessary
  724  for the pharmacy or pharmacist to identify the reimbursement
  725  schedule for the specific network applicable to the claim and
  726  which is the basis used by the pharmacy benefit manager to
  727  calculate the amount of reimbursement paid. This information
  728  must include, but is not limited to, the applicable network
  729  reimbursement ID or plan ID as defined in the most current
  730  version of the National Council for Prescription Drug Programs
  731  (NCPDP) Telecommunication Standard Implementation Guide, or its
  732  nationally recognized successor industry guide. The office shall
  733  adopt rules to implement this paragraph.
  734         (b)The pharmacy benefit manager must ensure that any basis
  735  of reimbursement information is communicated to a pharmacy in
  736  accordance with the NCPDP Telecommunication Standard
  737  Implementation Guide, or its nationally recognized successor
  738  industry guide, when performing reconciliation for any effective
  739  rate guarantee, and that such basis of reimbursement information
  740  communicated is accurate, corresponds with the applicable
  741  network rate, and may be relied upon by the pharmacy.
  742         (c)A prohibition of financial clawbacks or reconciliation
  743  offsets. A pharmacy benefit manager may not recoup direct or
  744  indirect remuneration fees, dispensing fees, brand name or
  745  generic effective rate adjustments through reconciliation, or
  746  any other monetary recoupments as related to discounts, multiple
  747  network reconciliation offsets, adjudication transaction fees,
  748  and any other instance when a fee may be recouped from a
  749  pharmacy. For purposes of this section, the terms financial
  750  clawbacks” or “reconciliation offsets” do not include:
  751         1.Any incentive payments provided by the pharmacy benefit
  752  manager to a network pharmacy for meeting or exceeding
  753  predefined quality measures, such as Healthcare Effectiveness
  754  Data and Information Set measures; recoupment due to an
  755  erroneous claim, fraud, waste, or abuse; a claim adjudicated in
  756  error; a maximum allowable cost appeal pricing adjustment; or an
  757  adjustment made as part of a pharmacy audit pursuant to s.
  758  624.491.
  759         2.Any recoupment that is returned to the state for
  760  programs in chapter 409 or the state group insurance program in
  761  s. 110.123.
  762         (d)A pharmacy benefit manager may not unilaterally change
  763  the terms of any participation contract.
  764         (e)The pharmacy benefit manager must provide a pharmacy,
  765  upon its request, a list of pharmacy benefits plans or programs
  766  in which the pharmacy is a part of the network. Updates to the
  767  list must be communicated to the pharmacy within 7 days. The
  768  pharmacy benefit manager may not restrict the pharmacy or
  769  pharmacist from disclosing this information to the public.
  770         (f)The pharmacy benefit manager must ensure that the
  771  Electronic Remittance Advice contains claim level payment
  772  adjustments in accordance with American National Standards
  773  Institute Accredited Standard Committee, X12 format, and must
  774  include or be accompanied by the appropriate level of detail for
  775  the pharmacy to reconcile any debits or credits, including, but
  776  not limited to, pharmacy NCPDP or NPI identifier, date of
  777  service, prescription number, refill number, adjustment code, if
  778  applicable, and transaction amount.
  779         (g)The pharmacy benefit manager shall provide a reasonable
  780  administrative appeal procedure to allow a pharmacy or
  781  pharmacist to challenge the maximum allowable cost pricing
  782  information and the reimbursement made under the maximum
  783  allowable cost for a specific drug as being below the
  784  acquisition cost available to the challenging pharmacy or
  785  pharmacist.
  786         1.The administrative appeal procedure must include a
  787  telephone number and e-mail address, or a website, for the
  788  purpose of submitting the administrative appeal. The appeal may
  789  be submitted directly to the pharmacy benefit manager or through
  790  a pharmacy service administration organization. The pharmacy or
  791  pharmacist must be given at least 30 business days after a
  792  maximum allowable cost update or after an adjudication for an
  793  electronic claim or reimbursement for a non-electronic claim to
  794  file the administrative appeal.
  795         2.The pharmacy benefit manager must respond to the
  796  administrative appeal within 30 business days after receipt of
  797  the appeal.
  798         3.If the appeal is upheld, the pharmacy benefit manager
  799  must:
  800         a.Update the maximum allowable cost pricing information to
  801  at least the acquisition cost available to the pharmacy;
  802         b.Permit the pharmacy or pharmacist to reverse and rebill
  803  the claim in question;
  804         c.Provide to the pharmacy or pharmacist the national drug
  805  code on which the increase or change is based; and
  806         d.Make the increase or change effective for each similarly
  807  situated pharmacy or pharmacist who is subject to the applicable
  808  maximum allowable cost pricing information.
  809         4.If the appeal is denied, the pharmacy benefit manager
  810  must provide to the pharmacy or pharmacist the national drug
  811  code and the name of the national or regional pharmaceutical
  812  wholesalers operating in this state which have the drug
  813  currently in stock at a price below the maximum allowable cost
  814  pricing information.
  815         5.If the drug with the national drug code provided by the
  816  pharmacy benefit manager is not available below the acquisition
  817  cost to the pharmacy or pharmacist from the pharmaceutical
  818  wholesaler from whom the pharmacy or pharmacist purchases the
  819  majority of drugs for resale, the pharmacy benefits manager must
  820  adjust the maximum allowable cost pricing information above the
  821  acquisition cost to the pharmacy or pharmacist and permit the
  822  pharmacy or pharmacist to reverse and rebill each claim affected
  823  by the pharmacy’s or pharmacist’s inability to procure the drug
  824  at a cost that is equal to or less than the previously
  825  challenged maximum allowable cost.
  826         6.Every 90 days, a pharmacy benefit manager shall report
  827  to the office the total number of appeals received and denied in
  828  the preceding 90-day period for each specific drug for which an
  829  appeal was submitted pursuant to this paragraph.
  830         Section 11. Section 626.8827, Florida Statutes, is created
  831  to read:
  832         626.8827 Pharmacy benefit manager prohibited practices.—In
  833  addition to other prohibitions in this part, a pharmacy benefit
  834  manager may not do any of the following:
  835         (1)Prohibit, restrict, or penalize in any way a pharmacy
  836  or pharmacist from disclosing to any person any information that
  837  the pharmacy or pharmacist deems appropriate, including, but not
  838  limited to, information regarding any of the following:
  839         (a) The nature of treatment, risks, or alternatives
  840  thereto.
  841         (b) The availability of alternate treatment, consultations,
  842  or tests.
  843         (c) The decision of utilization reviewers or similar
  844  persons to authorize or deny pharmacist services.
  845         (d) The process used to authorize or deny pharmacist
  846  services or benefits.
  847         (e) Information on financial incentives and structures used
  848  by the pharmacy benefits plan or program.
  849         (f) Information that may reduce the costs of pharmacist
  850  services.
  851         (g) Whether the cost-sharing obligation exceeds the retail
  852  price for a covered prescription drug and the availability of a
  853  more affordable alternative drug, pursuant to s. 465.0244.
  854         (2) Prohibit, restrict, or penalize in any way a pharmacy
  855  or pharmacist from disclosing information to the office, the
  856  Agency for Health Care Administration, Department of Management
  857  Services, law enforcement, or state and federal governmental
  858  officials, provided that the recipient of the information
  859  represents it has the authority, to the extent provided by state
  860  or federal law, to maintain proprietary information as
  861  confidential; and before disclosure of information designated as
  862  confidential, the pharmacist or pharmacy marks as confidential
  863  any document in which the information appears or requests
  864  confidential treatment for any oral communication of the
  865  information.
  866         (3) Communicate at the point-of-sale, or otherwise require,
  867  a cost-sharing obligation for the covered person in an amount
  868  that exceeds the lesser of:
  869         (a) The applicable cost-sharing amount under the applicable
  870  pharmacy benefits plan or program; or
  871         (b) The usual and customary price, as defined in s.
  872  626.8825, of the pharmacist services.
  873         (4) Transfer or share records relative to prescription
  874  information containing patient-identifiable or prescriber
  875  identifiable data to an affiliated pharmacy for any commercial
  876  purpose other than the limited purposes of facilitating pharmacy
  877  reimbursement, formulary compliance, or utilization review on
  878  behalf of the applicable pharmacy benefits plan or program.
  879         (5) Fail to make any payment due to a pharmacy for an
  880  adjudicated claim with a date of service before the effective
  881  date of a pharmacy’s termination from a pharmacy benefit network
  882  unless payments are withheld because of actual fraud on the part
  883  of the pharmacy or except as otherwise required by law.
  884         (6) Terminate the contract of, penalize, or disadvantage a
  885  pharmacist or pharmacy due to a pharmacist or pharmacy:
  886         (a) Disclosing information about pharmacy benefit manager
  887  practices in accordance with this act;
  888         (b) Exercising any of its prerogatives under this part; or
  889         (c) Sharing any portion, or all, of the pharmacy benefit
  890  manager contract with the office pursuant to a complaint or a
  891  query regarding whether the contract is in compliance with this
  892  act.
  893         (7)Fail to comply with the requirements in s. 626.8825.
  894         Section 12. Section 626.8828, Florida Statutes, is created
  895  to read:
  896         626.8828Investigations and examinations of pharmacy
  897  benefit managers; expenses; penalties.—
  898         (1)The office may investigate administrators who are
  899  pharmacy benefit managers and applicants for authorization as
  900  provided in ss. 624.307 and 624.317. The office must review any
  901  referral made pursuant to s. 624.307(10) and must investigate
  902  any referral that, as determined by the Commissioner of
  903  Insurance Regulation or his or her designee, reasonably
  904  indicates a possible violation of this part.
  905         (2)(a)The office shall examine the business and affairs of
  906  each pharmacy benefit manager at least biennially. The biennial
  907  examination of each pharmacy benefit manager must be a
  908  systematic review for the purpose of determining the pharmacy
  909  benefit manager’s compliance with all provisions of this part
  910  and all other laws or rules applicable to pharmacy benefit
  911  managers and must include a detailed review of the pharmacy
  912  benefit manager’s compliance with ss. 626.8825 and 626.8827. The
  913  first 2-year cycle for conducting biennial reviews begins July
  914  1, 2023. By January 1 of the year following a 2-year cycle, the
  915  office must deliver to the Governor, the President of the
  916  Senate, and the Speaker of the House of Representatives a report
  917  summarizing the results of the biennial examinations during the
  918  most recent 2-year cycle which includes detailed descriptions of
  919  any violations committed by each pharmacy benefit manager and
  920  detailed reporting of actions taken by the office against each
  921  pharmacy benefit manager for such violations.
  922         (b)The office also may conduct additional examinations as
  923  often as it deems advisable or necessary for the purpose of
  924  ascertaining compliance with this part and any other laws or
  925  rules applicable to pharmacy benefit managers or applicants for
  926  authorization.
  927         (c)If a referral made pursuant to s. 624.307(10)
  928  reasonably indicates a pattern or practice of violations of this
  929  part by a pharmacy benefit manager, the office must begin an
  930  examination of the pharmacy benefit manager or include findings
  931  related to such referral within an ongoing examination.
  932         (d)Based on the findings of an examination that a pharmacy
  933  benefit manager or an applicant for authorization has exhibited
  934  a pattern or practice of knowing and willful violations of s.
  935  626.8825 or s. 626.8827, the office may, pursuant to chapter
  936  120, order a pharmacy benefit manager to file all contracts
  937  between the pharmacy benefit manager and pharmacies or pharmacy
  938  benefits plans or programs and any policies, guidelines, rules,
  939  protocols, standard operating procedures, instructions, or
  940  directives that govern or guide the manner in which the pharmacy
  941  benefit manager or applicant conducts business related to such
  942  knowing and willful violations for review and inspection for the
  943  following 36-month period. Such documents are public records and
  944  are not trade secrets or otherwise exempt from s. 119.07(1). As
  945  used in this section, the term:
  946         1.Contracts” means any contract to which s. 626.8825 is
  947  applicable.
  948         2.“Knowing and willful” means any act of commission or
  949  omission which is committed intentionally, as opposed to
  950  accidentally, and which is committed with knowledge of the act’s
  951  unlawfulness or with reckless disregard as to the unlawfulness
  952  of the act.
  953         (e)Examinations may be conducted by an independent
  954  professional examiner under contract to the office, in which
  955  case payment must be made directly to the contracted examiner by
  956  the pharmacy benefit manager examined in accordance with the
  957  rates and terms agreed to by the office and the examiner.
  958         (3)In making investigations and examinations of pharmacy
  959  benefit managers and applicants for authorization, the office
  960  and such pharmacy benefit manager is subject to all of the
  961  following provisions:
  962         (a)Section 624.318, as to the conduct of examinations.
  963         (b)Section 624.319, as to examination and investigation
  964  reports.
  965         (c) Section 624.321, as to witnesses and evidence.
  966         (d) Section 624.322, as to compelled testimony.
  967         (e) Section 624.324, as to hearings.
  968         (f) Section 624.34, as to fingerprinting.
  969         (g) Any other provision of chapter 624 applicable to the
  970  investigation or examination of a licensee under this part.
  971         (4)(a) A pharmacy benefit manager must maintain an accurate
  972  record of all contracts and records with all pharmacies and
  973  pharmacy benefits plans or programs for the duration of the
  974  contract, and for 5 years thereafter. Such contracts must be
  975  made available to the office and kept in a form accessible to
  976  the office.
  977         (b) The office may order any pharmacy benefit manager or
  978  applicant to produce any records, books, files, contracts,
  979  advertising and solicitation materials, or other information and
  980  may take statements under oath to determine whether the pharmacy
  981  benefit manager or applicant is in violation of the law or is
  982  acting contrary to the public interest.
  983         (5)(a) Notwithstanding s. 624.307(3), each pharmacy benefit
  984  manager and applicant for authorization must pay to the office
  985  the expenses of the examination or investigation. Such expenses
  986  include actual travel expenses, reasonable living expense
  987  allowance, compensation of the examiner, investigator, or other
  988  person making the examination or investigation, and necessary
  989  costs of the office directly related to the examination or
  990  investigation. Such travel expense and living expense allowances
  991  are limited to those expenses necessarily incurred on account of
  992  the examination or investigation and shall be paid by the
  993  examined pharmacy benefit manager or applicant together with
  994  compensation upon presentation by the office to such pharmacy
  995  benefit manager or applicant of such charges and expenses after
  996  a detailed statement has been filed by the examiner and approved
  997  by the office.
  998         (b) All moneys collected from pharmacy benefit managers and
  999  applicants for authorization pursuant to this subsection shall
 1000  be deposited into the Insurance Regulatory Trust Fund, and the
 1001  office may make deposits from time to time into such fund from
 1002  moneys appropriated for the operation of the office.
 1003         (c) Notwithstanding s. 112.061, the office may pay to the
 1004  examiner, investigator, or person making such examination or
 1005  investigation out of such trust fund the actual travel expenses,
 1006  reasonable living expense allowance, and compensation in
 1007  accordance with the statement filed with the office by the
 1008  examiner, investigator, or other person, as provided in
 1009  paragraph (a).
 1010         (6) In addition to any other enforcement authority
 1011  available to the office, the office shall impose an
 1012  administrative fine of $5,000 for each violation of s. 626.8825
 1013  or s. 626.8827. Each instance of a violation of such sections by
 1014  a pharmacy benefit manager against each individual pharmacy or
 1015  prescription benefits plan or program constitutes a separate
 1016  violation. Notwithstanding any other provision of law, there is
 1017  no limitation on aggregate fines issued pursuant to this
 1018  section. The proceeds from any administrative fine shall be
 1019  deposited into the General Revenue Fund.
 1020         (7) Failure by a pharmacy benefit manager to pay expenses
 1021  incurred or administrative fines imposed under this section is
 1022  grounds for the denial, suspension, or revocation of its
 1023  certificate of authority.
 1024         Section 13. Section 626.89, Florida Statutes, is amended,
 1025  to read:
 1026         626.89 Annual financial statement and filing fee; notice of
 1027  change of ownership; pharmacy benefit manager filings.—
 1028         (1) Each authorized administrator shall annually file with
 1029  the office a full and true statement of its financial condition,
 1030  transactions, and affairs within 3 months after the end of the
 1031  administrator’s fiscal year or within such extension of time as
 1032  the office for good cause may have granted. The statement must
 1033  be for the preceding fiscal year and must be in such form and
 1034  contain such matters as the commission prescribes and must be
 1035  verified by at least two officers of the administrator.
 1036         (2) Each authorized administrator shall also file an
 1037  audited financial statement performed by an independent
 1038  certified public accountant. The audited financial statement
 1039  must shall be filed with the office within 5 months after the
 1040  end of the administrator’s fiscal year and be for the preceding
 1041  fiscal year. An audited financial statement prepared on a
 1042  consolidated basis must include a columnar consolidating or
 1043  combining worksheet that must be filed with the statement and
 1044  must comply with the following:
 1045         (a) Amounts shown on the consolidated audited financial
 1046  statement must be shown on the worksheet;
 1047         (b) Amounts for each entity must be stated separately; and
 1048         (c) Explanations of consolidating and eliminating entries
 1049  must be included.
 1050         (3) At the time of filing its annual statement, the
 1051  administrator shall pay a filing fee in the amount specified in
 1052  s. 624.501 for the filing of an annual statement by an insurer.
 1053         (4) In addition, the administrator shall immediately notify
 1054  the office of any material change in its ownership.
 1055         (5) A pharmacy benefit manager shall also notify the office
 1056  within 15 days after any administrative, civil, or criminal
 1057  complaints, settlements, or discipline of the pharmacy benefit
 1058  manager or any of its affiliates which relate to a violation of
 1059  the insurance laws, including pharmacy benefit laws in any
 1060  state.
 1061         (6) A pharmacy benefit manager shall also annually submit
 1062  to the office a statement attesting to its compliance with the
 1063  network requirements of s. 626.8825.
 1064         (7) The commission may by rule require all or part of the
 1065  statements or filings required under this section to be
 1066  submitted by electronic means in a computer-readable form
 1067  compatible with the electronic data format specified by the
 1068  commission.
 1069         Section 14. Subsection (5) is added to section 627.42393,
 1070  Florida Statutes, to read:
 1071         627.42393 Step-therapy protocol.—
 1072         (5)This section applies to a pharmacy benefit manager
 1073  acting on behalf of a health insurer.
 1074         Section 15. Subsections (2), (3), and (4) of section
 1075  627.64741, Florida Statutes, are amended to read:
 1076         627.64741 Pharmacy benefit manager contracts.—
 1077         (2) In addition to the requirements of part VII of chapter
 1078  626, a contract between a health insurer and a pharmacy benefit
 1079  manager must require that the pharmacy benefit manager:
 1080         (a) Update maximum allowable cost pricing information at
 1081  least every 7 calendar days.
 1082         (b) Maintain a process that will, in a timely manner,
 1083  eliminate drugs from maximum allowable cost lists or modify drug
 1084  prices to remain consistent with changes in pricing data used in
 1085  formulating maximum allowable cost prices and product
 1086  availability.
 1087         (3) A contract between a health insurer and a pharmacy
 1088  benefit manager must prohibit the pharmacy benefit manager from
 1089  limiting a pharmacist’s ability to disclose whether the cost
 1090  sharing obligation exceeds the retail price for a covered
 1091  prescription drug, and the availability of a more affordable
 1092  alternative drug, pursuant to s. 465.0244.
 1093         (4) A contract between a health insurer and a pharmacy
 1094  benefit manager must prohibit the pharmacy benefit manager from
 1095  requiring an insured to make a payment for a prescription drug
 1096  at the point of sale in an amount that exceeds the lesser of:
 1097         (a) The applicable cost-sharing amount; or
 1098         (b) The retail price of the drug in the absence of
 1099  prescription drug coverage.
 1100         Section 16. Subsections (2), (3), and (4), of section
 1101  627.6572, Florida Statutes, are amended to read:
 1102         627.6572 Pharmacy benefit manager contracts.—
 1103         (2) In addition to the requirements of part VII of chapter
 1104  626, a contract between a health insurer and a pharmacy benefit
 1105  manager must require that the pharmacy benefit manager:
 1106         (a) Update maximum allowable cost pricing information at
 1107  least every 7 calendar days.
 1108         (b) Maintain a process that will, in a timely manner,
 1109  eliminate drugs from maximum allowable cost lists or modify drug
 1110  prices to remain consistent with changes in pricing data used in
 1111  formulating maximum allowable cost prices and product
 1112  availability.
 1113         (3) A contract between a health insurer and a pharmacy
 1114  benefit manager must prohibit the pharmacy benefit manager from
 1115  limiting a pharmacist’s ability to disclose whether the cost
 1116  sharing obligation exceeds the retail price for a covered
 1117  prescription drug, and the availability of a more affordable
 1118  alternative drug, pursuant to s. 465.0244.
 1119         (4) A contract between a health insurer and a pharmacy
 1120  benefit manager must prohibit the pharmacy benefit manager from
 1121  requiring an insured to make a payment for a prescription drug
 1122  at the point of sale in an amount that exceeds the lesser of:
 1123         (a) The applicable cost-sharing amount; or
 1124         (b) The retail price of the drug in the absence of
 1125  prescription drug coverage.
 1126         Section 17. Paragraph (e) is added to subsection (46) of
 1127  section 641.31, Florida Statutes, to read:
 1128         641.31 Health maintenance contracts.—
 1129         (46)
 1130         (e)This subsection applies to a pharmacy benefit manager
 1131  acting on behalf of a health maintenance organization.
 1132         Section 18. Subsections (2), (3), and (4) of section
 1133  641.314, Florida Statutes, are amended to read:
 1134         641.314 Pharmacy benefit manager contracts.—
 1135         (2) In addition to the requirements of part VII of chapter
 1136  626, a contract between a health maintenance organization and a
 1137  pharmacy benefit manager must require that the pharmacy benefit
 1138  manager:
 1139         (a) Update maximum allowable cost pricing information at
 1140  least every 7 calendar days.
 1141         (b) Maintain a process that will, in a timely manner,
 1142  eliminate drugs from maximum allowable cost lists or modify drug
 1143  prices to remain consistent with changes in pricing data used in
 1144  formulating maximum allowable cost prices and product
 1145  availability.
 1146         (3) A contract between a health maintenance organization
 1147  and a pharmacy benefit manager must prohibit the pharmacy
 1148  benefit manager from limiting a pharmacist’s ability to disclose
 1149  whether the cost-sharing obligation exceeds the retail price for
 1150  a covered prescription drug, and the availability of a more
 1151  affordable alternative drug, pursuant to s. 465.0244.
 1152         (4) A contract between a health maintenance organization
 1153  and a pharmacy benefit manager must prohibit the pharmacy
 1154  benefit manager from requiring a subscriber to make a payment
 1155  for a prescription drug at the point of sale in an amount that
 1156  exceeds the lesser of:
 1157         (a) The applicable cost-sharing amount; or
 1158         (b) The retail price of the drug in the absence of
 1159  prescription drug coverage.
 1160         Section 19. Subsection (1) of section 624.491, Florida
 1161  Statutes, is amended to read:
 1162         624.491 Pharmacy audits.—
 1163         (1) A health insurer or health maintenance organization
 1164  providing pharmacy benefits through a major medical individual
 1165  or group health insurance policy or a health maintenance
 1166  contract, respectively, must comply with the requirements of
 1167  this section when the health insurer or health maintenance
 1168  organization or any person or entity acting on behalf of the
 1169  health insurer or health maintenance organization, including,
 1170  but not limited to, a pharmacy benefit manager as defined in s.
 1171  626.88 s. 624.490(1), audits the records of a pharmacy licensed
 1172  under chapter 465. The person or entity conducting such audit
 1173  must:
 1174         (a) Except as provided in subsection (3), notify the
 1175  pharmacy at least 7 calendar days before the initial onsite
 1176  audit for each audit cycle.
 1177         (b) Not schedule an onsite audit during the first 3
 1178  calendar days of a month unless the pharmacist consents
 1179  otherwise.
 1180         (c) Limit the duration of the audit period to 24 months
 1181  after the date a claim is submitted to or adjudicated by the
 1182  entity.
 1183         (d) In the case of an audit that requires clinical or
 1184  professional judgment, conduct the audit in consultation with,
 1185  or allow the audit to be conducted by, a pharmacist.
 1186         (e) Allow the pharmacy to use the written and verifiable
 1187  records of a hospital, physician, or other authorized
 1188  practitioner, which are transmitted by any means of
 1189  communication, to validate the pharmacy records in accordance
 1190  with state and federal law.
 1191         (f) Reimburse the pharmacy for a claim that was
 1192  retroactively denied for a clerical error, typographical error,
 1193  scrivener’s error, or computer error if the prescription was
 1194  properly and correctly dispensed, unless a pattern of such
 1195  errors exists, fraudulent billing is alleged, or the error
 1196  results in actual financial loss to the entity.
 1197         (g) Provide the pharmacy with a copy of the preliminary
 1198  audit report within 120 days after the conclusion of the audit.
 1199         (h) Allow the pharmacy to produce documentation to address
 1200  a discrepancy or audit finding within 10 business days after the
 1201  preliminary audit report is delivered to the pharmacy.
 1202         (i) Provide the pharmacy with a copy of the final audit
 1203  report within 6 months after the pharmacy’s receipt of the
 1204  preliminary audit report.
 1205         (j) Calculate any recoupment or penalties based on actual
 1206  overpayments and not according to the accounting practice of
 1207  extrapolation.
 1208         Section 20. (1)This act establishes requirements for
 1209  pharmacy benefit managers as defined in s. 624.490, Florida
 1210  Statutes, including, without limitation, pharmacy benefit
 1211  managers in their performance of services for or otherwise on
 1212  behalf of a pharmacy benefits plan or program providing coverage
 1213  pursuant to Titles XVIII, XIX, or XXI of the Social Security
 1214  Act, 42 U.S.C. ss. 1395 et seq., 1396 et seq., and 1397aa et
 1215  seq., known as Medicare, Medicaid, or any other similar coverage
 1216  under a state or Federal Government funded health plan,
 1217  including the Statewide Medicaid Managed Care program
 1218  established pursuant to part IV of chapter 409, Florida
 1219  Statutes, and the state group insurance program pursuant to part
 1220  I of chapter 110, Florida Statutes.
 1221         (2)This act is not intended, nor may it be construed, to
 1222  conflict with existing, relevant federal law.
 1223         (3)If any provision of this act or its application to any
 1224  person or circumstances is held invalid, the invalidity does not
 1225  affect other provisions or applications of this act which can be
 1226  given effect without the invalid provision or application, and
 1227  to this end the provisions of this act are severable.
 1228         Section 21. The sum of $1.5 million is hereby appropriated
 1229  to the Office of Insurance Regulation to implement this act.
 1230         Section 22. This act shall take effect July 1, 2023.