House Bill 457

Actions | Amendments
Last Action 03/22/22: to Appropriations & Revenue (S)
Title AN ACT relating to pharmacy or pharmacist services.
Bill Documents Current/Final
Introduced
Fiscal Impact Statements Health Mandate
Additional Fiscal Impact Statements Exist
Bill Request Number 1744
Sponsors S. Sheldon, D. Bentley, S. Baker, K. Banta, L. Bechler, J. Blanton, A. Bowling, J. Branscum, K. Bratcher, J. Bray, R. Bridges, J. Calloway, J. Dixon, M. Dossett, J. DuPlessis, D. Elliott, D. Fister, K. Fleming, C. Freeland, C. Fugate, D. Hale, A. Hatton, R. Heath, S. Heavrin, R. Huff, T. Huff, DJ Johnson, K. King, W. Lawrence, D. Lewis, S. Lewis, M. Lockett, M. Marzian, C. Massey, B. McCool, S. McPherson, K. Moser, J. Nemes, R. Palumbo, J. Petrie, M. Pollock, P. Pratt, M. Prunty, B. Reed, S. Riley, S. Santoro, S. Sharp, T. Smith, A. Tackett Laferty, N. Tate, W. Thomas, K. Timoney, K. Upchurch, R. Webber, B. Wesley, S. Westrom
Summary of Original Version Amend KRS 304.17A-164 to prohibit insurers, pharmacy benefit managers, and other administrators of pharmacy benefits from imposing certain requirements on health plan insureds; create new sections of Subtitle 17A of KRS Chapter 304 to establish definitions for pharmacy-related insurance practices; require pharmacy benefit managers to establish reasonably adequate and accessible pharmacy networks; require pharmacy benefit managers to file, and the insurance commissioner to review, an annual report describing pharmacy networks; provide that information and data acquired by the Department of Insurance shall be considered proprietary and not subject to disclosure under KRS 61.870 to 61.884; establish requirements for certain contracts between a pharmacy or pharmacist and a pharmacy benefit manager; establish prohibited practices for pharmacy benefit managers; establish certain requirements for insurers and pharmacy benefit managers contracting for the provision of pharmacy benefit management services; prohibit administrators from offering any incentive or discount for use of an affiliated pharmacy benefit manager; establish a Pharmacy Benefits Management Advisory Council; create a new section of Subtitle 99 of KRS Chapter 304 to authorize the insurance commissioner to order reimbursement to persons who incurred a monetary loss as a result of a violation of provisions of legislation; amend KRS 304.9-054 to make technical changes; authorize the promulgation of administrative regulations; require pharmacy benefit managers to report certain information to the insurance commissioner; provide that certain reported information shall not be subject to disclosure under KRS 61.870 to 61.884; amend KRS 304.17A-708, 304.17A-712, and 304.17A-714 to conform; create a new section of Subtitle 17C of KRS Chapter 304 to apply provisions of legislation to limited health service benefit plans, including limited health service contracts; create a new section of Subtitle 38A of KRS Chapter 304 to apply provisions of legislation to limited health service organizations; amend 18A.225 to require the state employee health plan to comply with provisions of legislation; amend KRS 367.828 to establish certain requirements for the health discount plans that purport to offer discounts, or access to discounts, on prescription drugs; provide for staggered appointments to the Pharmacy Benefits Management Advisory Council; provide that provisions of this Act shall be severable; require the insurance commissioner to promulgate regulations to implement the Act on or before January 1, 2023; EFFECTIVE, in part, January 1, 2023.
Index Headings of Original Version Drugs and Medicines - Pharmacy or pharmacist services, trade practice requirements
Effective Dates, Delayed - Pharmacy or pharmacist services, trade practice requirements, January 1, 2023
Federal Laws and Regulations - Pharmacy-related trade practices, compliance with federal law
Insurance, Health - Pharmacy benefit manager contracts, requirements
Insurance, Health - Pharmacy benefit managers, prohibited practices
Insurance, Health - Pharmacy or pharmacist services, coverage requirements
Pharmacists - Pharmacy benefit provider contracts, requirements
State Employees - Health plan, pharmacy or pharmacist services, coverage requirements
State Employees - Pharmacy benefit manager contracts, requirements
Administrative Regulations and Proceedings - Department of Insurance, pharmacy benefit managers, regulation
Reports Mandated - Department of Insurance, administration of pharmacy benefits
Jump to Proposed Amendments House Committee Substitute 1 with Fiscal Impact Statements
Votes Vote History

Actions

Top | Amendments
02/07/22
  • introduced in House
  • to Committee on Committees (H)
03/09/22
  • to Health & Family Services (H)
03/10/22
  • reported favorably, 1st reading, to Calendar with Committee Substitute (1)
03/11/22
  • 2nd reading, to Rules
03/16/22
  • posted for passage in the Regular Orders of the Day for Thursday, March 17, 2022
03/21/22
  • 3rd reading, passed 88-3 with Committee Substitute (1)
  • received in Senate
  • to Committee on Committees (S)
03/22/22
  • to Appropriations & Revenue (S)

Proposed Amendments

Top | Actions
Amendment House Committee Substitute 1
Fiscal Impact Statements Fiscal Note to House Committee Substitute 1
Health Mandate to House Committee Substitute 1
Summary Retain original provisions, except delete requirements for pharmacy benefit manager drug reimbursement at an amount that is equal to or greater than the national average drug acquisition cost and related reporting; delete requirements for pass-through pricing and related reporting; delete requirement to establish a Pharmacy Benefits Management Advisory Council; create a new section of KRS Chapter 365 to establish a fiduciary duty of a pharmacy services administration organization when acting on behalf of a pharmacy or pharmacist.
Index Headings Health Benefit Mandate - Pharmacy or pharmacist services, trade practice requirements
Drugs and Medicines - Pharmacy or pharmacist services, trade practice requirements
Effective Dates, Delayed - Pharmacy or pharmacist services, trade practice requirements, January 1, 2023
Federal Laws and Regulations - Pharmacy-related trade practices, compliance with federal law
Insurance, Health - Pharmacy benefit manager contracts, requirements
Insurance, Health - Pharmacy benefit managers, prohibited practices
Insurance, Health - Pharmacy or pharmacist services, coverage requirements
Pharmacists - Pharmacy benefit provider contracts, requirements
State Employees - Health plan, pharmacy or pharmacist services, coverage requirements
State Employees - Pharmacy benefit manager contracts, requirements
Administrative Regulations and Proceedings - Department of Insurance, pharmacy benefit managers, regulation
Reports Mandated - Department of Insurance, administration of pharmacy benefits

Last updated: 5/25/2022 2:58 PM (EDT)
To receive notice when the record is updated follow @LRCTweetBot.