| 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 |
| 02/07/22 |
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|---|---|
| 03/09/22 |
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| 03/10/22 |
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| 03/11/22 |
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| 03/16/22 |
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| 03/21/22 |
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| 03/22/22 |
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| 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: 2/8/2023 2:57 PM (EST)