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House Bill 400

Actions
Last Action 02/10/20: to Banking & Insurance (H)
Title AN ACT relating to pharmacy referral practices.
Bill Documents Introduced
Bill Request Number 90
Sponsors S. Sheldon, D. Bentley, K. Banta, J. Blanton, A. Bowling, R. Brenda, R. Bridges, D. Frazier, C. Freeland, C. Fugate, R. Goforth, S. Heavrin, R. Huff, T. Huff, M. Koch, D. Lewis, S. Lewis, B. McCool, M. Meredith, J. Nemes, P. Pratt, B. Reed, S. Riley, S. Rudy, S. Santoro, N. Tate, W. Thomas, R. Webber, L. Yates
Summary of Original Version Create a new section of KRS 304.17A-165 to 304.17A-166 to define "insurer," "pharmacy affiliate," "pharmacy benefit manager," "pharmacy or pharmacist services," and "referral to a pharmacy affiliate"; require insurers, pharmacy benefit managers, and other administrators of pharmacy benefits to file an annual disclosure statement with the insurance commissioner that identifies pharmacy affiliates; prohibit insurers, pharmacy benefit managers, and other administrators of pharmacy benefits from transferring or sharing certain Kentucky pharmacy records with a pharmacy affiliate for any commercial purpose; prohibit insurers, pharmacy benefit managers, and other administrators of pharmacy benefits from making certain referrals to a pharmacy affiliate; establish exceptions to prohibitions established in section; require Cabinet for Health and Family Services to take any steps necessary to effectuate legislation; amend KRS 304.9-440 to subject pharmacy benefit managers to licensure sanctions for violating provisions of legislation; create a new section of KRS Chapter 315 to define "affiliate" and "affiliate referral"; prohibit pharmacies holding a permit provided for under the chapter from transferring or sharing certain Kentucky pharmacy records with an affiliate for any commercial purpose; prohibit pharmacies holding a permit provided for under the chapter from presenting, causing to be presented, or collecting payment on a claim or bill for pharmacy or pharmacist services that the pharmacy knows or should know were furnished pursuant to an affiliate referral; establish exceptions to prohibitions established in section; amend KRS 205.522 to require the Department for Medicaid Services and any managed care organization contracted to provide Medicaid benefits to comply with applicable provisions; amend KRS 18A.2259 and 18A.225 to require the state employee health plan to comply; state that provisions of contracts issued, delivered, entered, renewed, extended, or amended on or after the effective date of Act that are contrary to Act shall be unenforceable and void; state that provisions of this Act shall be severable; EFFECTIVE January 1, 2021.
Index Headings of Original Version Effective Dates, Delayed - Pharmacy referral practices, prohibition of, January 1, 2021
Federal Laws and Regulations - Federal law, pharmacy referral practices, exemption for
Insurance, Health - Pharmacy referral practices, insurers, prohibition of
Insurance, Health - Pharmacy referral practices, pharmacy benefit managers, prohibition of
Pharmacists - Pharmacy referral practices, pharmacies, prohibition of
State Agencies - Cabinet for Health and Family Services, pharmacy referral practices
State Agencies - Department of Insurance, pharmacy affiliates, annual disclosure of
State Employees - Pharmacy referral practices, state employee health plan, prohibition of
Medicaid - Pharmacy referral practices, Medicaid benefit providers, prohibition of

Actions

Top
02/07/20
  • introduced in House
02/10/20
  • to Banking & Insurance (H)


Last updated: 10/27/2020 12:10 PM (EDT)
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