Florida Senate - 2026                                     SB 886
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       40-01022-26                                            2026886__
    1                        A bill to be entitled                      
    2         An act relating to discounted drug pricing study;
    3         requiring the Agency for Health Care Administration to
    4         conduct or contract for a specified study; providing
    5         requirements for the study; requiring the agency to
    6         provide the results to the Governor and the
    7         Legislature by a specified date; providing an
    8         effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. (1) The Agency for Health Care Administration
   13  shall conduct or contract for a detailed fiscal impact study to
   14  determine the feasibility of implementing the following
   15  provisions relating to discounted drug prices under the 340B
   16  Drug Pricing Program:
   17         (a)1. Requiring drug manufacturers to sell a drug to
   18  Medicaid pharmacies at no more than the 340B Drug Pricing
   19  Program discounted price if the drug is:
   20         a. On the Medicaid preferred drug list as described in s.
   21  409.912(5), Florida Statutes.
   22         b. A covered drug under the 340B Drug Pricing Program.
   23         2. Authorizing drug manufacturers to deliver drugs sold in
   24  accordance with subparagraph 1. to the purchasing Medicaid
   25  pharmacy by any method used by the drug manufacturer.
   26         3. If a drug manufacturer sells a drug in accordance with
   27  subparagraph 1. to a Medicaid pharmacy at the 340B Drug Pricing
   28  Program discounted price and such discounted price is higher
   29  than the state Medicaid negotiated price, requiring the drug
   30  manufacturer to pay a rebate to the state equal to the
   31  difference between the discounted price and the state Medicaid
   32  negotiated price.
   33         (b) Requiring pharmacy benefits managers participating in
   34  the Medicaid program to pay a Medicaid pharmacy the 340B Drug
   35  Pricing Program discounted price plus the professional
   36  dispensing fee as determined under rule 59G-4.251, Florida
   37  Administrative Code, as amended, for any drug that is on the
   38  Medicaid preferred drug list as described in s. 409.912(5),
   39  Florida Statutes, and that is a covered drug under the 340B Drug
   40  Pricing Program.
   41         (c)1. Requiring drug wholesalers and distributors to sell a
   42  drug to a Medicaid pharmacy at the 340B Drug Pricing Program
   43  discounted price if the drug is:
   44         a. On the Medicaid preferred drug list as described in s.
   45  409.912(5), Florida Statutes.
   46         b. A covered drug under the 340B Drug Pricing Program.
   47         2. Prohibiting drug wholesalers and distributors from
   48  changing an existing pricing model or program that is in place
   49  with a Medicaid pharmacy by exempting a drug described in
   50  paragraph (a) from the pricing model or program or by
   51  referencing such drug in any way in the pricing model or
   52  program.
   53         (d) Requiring Medicaid pharmacies to provide a covered drug
   54  under the 340B Drug Pricing Program at the discounted price only
   55  to Medicaid recipients.
   56         (2) The agency shall submit the results of the study to the
   57  Governor, the President of the Senate, and the Speaker of the
   58  House of Representatives by January 31, 2027.
   59         Section 2. This act shall take effect July 1, 2026.