02RS HB369

HB369

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HB 369/FN (BR 1617) - M. Marzian, C. Miller, K. Bratcher, P. Clark, K. Hall, J. Jenkins, R. Meeks, R. Nelson, S. Riggs, J. Wayne

     AN ACT relating to health insurance.
     Amend KRS 18A.225 to require the group health insurance plan for state employees to include a mail order drug option; prohibit an insurer participating in the state group plan from discriminating against any pharmacy located within the geographic coverage area of the plan who is willing to meet the mail order drug prices and other reasonable terms and conditions for participation established by the insurer for drug coverage.

HB 369 - AMENDMENTS


     HCS/FN - Allow retail pharmacies that meet the price, dispensing fee, and copay requirements to participate in the mail order program; require retail pharmacies to comply with certain requirements to remain eligible.

     HFA (1, B. Yonts) - Provide that drugs dispensed to state employees the state employee health insurance program, whether through mail order or otherwise, be dispensed by a pharmacist holding a valid license issued by the Kentucky Board of Pharmacy.

     HFA (2, B. Yonts) - Create a new section of subtitle 17A of KRS Chapter 304 to require a health benefit plan to apply the same coinsurance, copayment, deductible, and quantity limit factors to mail order prescriptions as for prescriptions filled at a retail pharmacy.

     HFA (3, M. Cherry) - Require the state employee health insurance policies to provide that the state employee shall pay the same copayment for the same quantity of drugs whether the purchase is made through mail order or at a retail pharmacy.

     HFA (4, R. Damron) - Require any pharmacy participating in the state health insurance program to annually certify to the secretary of the Finance and Administration Cabinet that the pharmacy accepts the prescription authority of Kentucky health care practitioners and complies with the requirements regarding prescriptions in KRS Chapters 217, 218A, and 315; provide that failure to comply shall make the pharmacy ineligible to participate in the program.

     HFA (5, H. Collins) - Retain original provisions; require health insurance policies for state employees to require the same copayment for the purchase of the same quantity of drugs regardless of whether the purchase is made through the mail order option or at a retail pharmacy.

     HFA (6, K. Upchurch) - Require health insurers providing coverage to state employees to annually pay the Commonwealth an amount equal to the savings resulting from the utilization of the mail order pharmacy option; require the savings to be used by the Commonwealth to offset the cost of dependent health care coverage for members of the state group.

     HFA (7, K. Upchurch) - Require a pharmacy participating in the mail order drug option for state employees to verify the identity of the person taking physical possession of the controlled substance by knowing the person, photo identification, or two forms of identification if one is government-issued.

     HFA (8, B. Crall) - Prohibit a pharmaceutical manufacturer from discriminating in pricing of its products to pharmacies based solely on the pharmacy's class of trade.

     HFA (9, B. Crall) - Prohibit a pharmaceutical manufacturer from discriminating in pricing of its products to pharmacies based solely on the pharmacy's class of trade.

     HFA (10, B. Yonts) - Provide that drugs dispensed to state employees through the state employee health insurance program, whether through mail order or otherwise, be dispensed by a pharmacist holding a valid license issued by the Kentucky Board of Pharmacy.

     HFA (11, B. Yonts) - Create a new section of subtitle 17A of KRS Chapter 304 to require a health benefit plan to apply the same coinsurance, copayment, deductible, and quantity limit factors to mail order prescriptions as for prescriptions filled at a retail pharmacy.

     HFA (12, J. Vincent) - Provide that if a carrier is the only carrier whose bid was accepted to provide health insurance coverage in a county to state employees, that carrier shall be allowed to offer the same plan at the same price as an additional carrier in any other county for which bids have been accepted from three other carriers.

     HFA (13, J. Vincent) - Provide that any carrier whose bid is accepted as one of three carriers to provide coverage in a county to state employees shall be allowed to offer the same plan at a different fair and reasonable price as determined by the carrier in any county for which either the bid from only one carrier was accepted or no carriers submitted bids.

     HFA (14, M. Cherry) - Retain original provisions except specify that a retail pharmacy that meets the price, fees, and copay requirements of a mail order program shall be permitted to participate in any health benefit plan or with any insurer providing prescription benefits in same geographic area.

     HFA (15, T. Pullin) - Provide that the monthly employee contribution to dependent plan coverage cannot exceed more than fourteen-thousandths of one percent (.014%) of the federal poverty guidelines for a family of four (4).

     HFA (16, T. Pullin) - Require that bids for the state employee health insurance contract be based on geographic areas of one million (1,000,000) persons or more as designated by the Personnel Cabinet.

     HFA (17, K. Upchurch) - Require health insurers providing coverage to state employees to annually pay the Commonwealth an amount equal to the savings resulting from the utilization of the mail order pharmacy option; require the savings to be used by the Commonwealth to offset the cost of dependent health care coverage for members of the state group.

     HFA (18, K. Upchurch) - Require a pharmacy participating in the mail order drug option for state employees to verify the identity of the person taking physical possession of the controlled substance by knowing the person, photo identification, or two forms of identification if one is government-issued.

     HFA (19, J. Coleman) - Retain original provisions; limit mail order prescriptions for controlled substances classified as Schedule III, IV, and V to a thirty (30) day supply; require that all prescriptions for controlled substances dispensed by mail order to employees under the state employee health plan be sent by certified mail, with return receipt requested and the signature of the person accepting the prescription; and provide that drugs dispensed to state employees under the state employee health plan, whether mail order or otherwise, be dispensed by a pharmacist with a valid license issued by the Kentucky Board of Pharmacy.

     HFA (20, M. Marzian) - Retain original provisions except specify any retail pharmacy participating with a health benefit plan that agrees to meet the price, dispensing fee, and copay requirements of a mail order program of the health benefit plan shall not be required to dispense by mail; delete additional provisions relating to conditions for participating in the mail order program.

     HFA (21, M. Cherry) - Retain original provisions except specify that a health insurer shall not discriminate against a pharmacy in its coverage area that meets the terms and conditions for participation, including the price, dispensing fee, and copay requirements of a mail order option; specify that the pharmacy shall not be required to dispense by mail.

     HFA (22, M. Marzian) - Retain original provisions except delete additional provisions relating to conditions for pharmacies participating in the mail order program.

     HFA (23, B. Crall) - Prohibit a pharmaceutical manufacturer from discriminating in pricing of its products to pharmacies based solely on the pharmacy's class of trade; provide that this provision is not to be construed to limit or restrict a pharmaceutical manufacturer's ability to offer any other discounts.

     HFA (24, B. Crall) - Prohibit a pharmaceutical manufacturer from discriminating in pricing of its products to pharmacies based solely on the pharmacy's class of trade.

     HFA (25, J. Coleman) - Retain original provisions; prohibit any controlled substances from being dispensed by the mail order option under the state employee health plan.

     HFA (26, J. Coleman) - Retain original provisions; require that all prescriptions for controlled substances dispensed by mail order to employees under the state employee health plan be sent by certified mail, with return receipt requested, and the receipt signed by the person accepting the prescription.

     HFA (27, J. Coleman) - Retain original provisions; provide that drugs dispensed to state employees under the state employee health plan, whether mail order or otherwise, be dispensed by a pharmacist with a valid license issued by the Kentucky Board of Pharmacy.

     HFA (28, S. Baugh) - Provide that any mail order option under this program shall allow an individual to purchase a three month supply of a maintenance drug for no more than a two month copayment.

     Jan 15-introduced in House
     Jan 16-to Health and Welfare (H)
     Jan 22-posted in committee; posting waived
     Jan 31-reported favorably, 1st reading, to Calendar
     Feb 1-2nd reading, to Rules
     Feb 4-floor amendments (1) (2) (3) and (4) filed
     Feb 5-floor amendments (5) (6) (7) and (8) filed
     Feb 6-recommitted to Appropriations and Revenue (H)
     Feb 8-posted in committee
     Feb 12-reported favorably, to Rules with Committee Substitute
     Feb 13-posted for passage in the Regular Orders of the Day for Thursday, February 14, 2002; floor amendments (9) (10) (11) (12) (13) and (14) filed to Committee Substitute
     Feb 14-floor amendments (15) (16) (17) and (18) filed to Committee Substitute
     Feb 15-floor amendment (19) filed to Committee Substitute
     Feb 19-floor amendment (20) filed to Committee Substitute
     Feb 20-floor amendments (21) (22) (23) and (24) filed to Committee Substitute
     Feb 22-floor amendments (8) and (9) withdrawn
     Feb 25-floor amendments (25) (26) and (27) filed to Committee Substitute
     Feb 26-floor amendment (28) filed to Committee Substitute ; 3rd reading; floor amendments (10) (23) and (25) rejected ; passed 94-4 with Committee Substitute, floor amendments (21) and (22)
     Feb 27-received in Senate
     Mar 4-to State and Local Government (S)
     Mar 12-reported favorably, 1st reading, to Calendar
     Mar 13-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Thursday, March 14, 2002
     Mar 14-3rd reading, passed 27-6
     Mar 15-received in House; enrolled, signed by each presiding officer; delivered to Governor
     Mar 26-signed by Governor (Acts ch. 67)


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