Senate Bill 188

Actions | Amendments
Last Action 04/05/24: signed by Governor
Title AN ACT relating to patient access to pharmacy benefits.
Bill Documents Current/Final
Introduced
Fiscal Impact Statements Actuarial Analysis
Local Mandate
Additional Fiscal Impact Statements Exist
Bill Request Number 1333
Sponsors M. Wise, S. Meredith, K. Berg, G. Boswell, M. Deneen, D. Douglas, G. Elkins, S. Funke Frommeyer, R. Girdler, J. Higdon, J. Howell, R. Mills, G. Neal, A. Southworth, B. Storm, R. Thomas, L. Tichenor, R. Webb, S. West, P. Wheeler, M. Wilson, D. Yates
Summary of Original Version Create new sections of Subtitle 17A of KRS Chapter 304 to define terms for pharmacy-related insurance practices; require insurers, pharmacy benefit managers, and other pharmacy benefits administrators to establish reasonably adequate and accessible pharmacy networks; require the filing of an annual report; require the insurance commissioner to review 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 relating to open records; establish requirements for certain contracts between a pharmacy or pharmacist and an insurer, a pharmacy benefit manager, or any other pharmacy benefits administrator; establish prohibited conduct and requirements for certain pharmacy-related insurance practices; establish a complaint process for insureds, pharmacies, and pharmacists impacted by a violation of certain pharmacy-related insurance laws; 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 certain pharmacy-related insurance laws; amend KRS 304.9-053 to require certain filings; amend KRS 304.9-054 to establish requirements for pharmacy benefit manager licensure; amend KRS 304.9-055 to permit the insurance commissioner to promulgate administrative regulations relating to pharmacy benefit managers; amend KRS 304.14-120 to require the insurance commissioner to review certain health plans; amend KRS 304.17A-712 to conform; amend KRS 304.17C-125 to apply certain pharmacy-related insurance laws to limited health service benefit plans, including limited health service contracts; amend KRS 304.38A-115 to apply certain pharmacy-related insurance laws to limited health service organizations; create a new section of KRS Chapter 18A to require the state employee health plan and state agencies to comply with certain pharmacy-related insurance laws; amend KRS 367.828 to establish certain requirements for health discount plans relating to prescription drugs; make technical corrections; repeal KRS 304.38A-120, relating to assignment of certain benefits under limited health service organization plans, to consolidate provisions; apply various sections to contracts issued or renewed on or after January 1, 2025; require the insurance commissioner to promulgate administrative regulations to implement this Act on or before January 1, 2025; EFFECTIVE, in part, January 1, 2025.
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, 2025
Federal Laws and Regulations - Pharmacy-related trade practices, compliance with federal law
Insurance, Health - Pharmacy or pharmacist services, coverage requirements
Insurance, Health - Pharmacy-related trade practices, prohibited conduct
Insurance, Health - Provider contracts, pharmacy or pharmacist services, requirements
Pharmacists - Health plan provider contracts, pharmacy or pharmacist services, requirements
State Employees - Health plan contracts, pharmacy or pharmacist services, requirements
State Employees - Health plan, pharmacy or pharmacist services, coverage requirements
Technical Corrections - Insurance policy filing requirements
Technical Corrections - Pharmacy benefit managers, licensure requirements
Administrative Regulations and Proceedings - Department of Insurance, pharmacy benefit managers, regulation
Consumer Affairs - Pharmacy or pharmacist services, trade practice requirements
Reports Mandated - Department of Insurance, network adequacy, pharmacy benefits
Actuarial Analysis - Pharmacy or pharmacist services, coverage requirements
Local Mandate - Pharmacy or pharmacist services, coverage requirements
Jump to Proposed Amendments Senate Committee Substitute 1 with Fiscal Impact Statements
Senate Floor Amendment 1
Votes Vote History

Actions

Top | Amendments
02/08/24
  • introduced in Senate
  • to Committee on Committees (S)
02/12/24
  • to Banking & Insurance (S)
03/06/24
  • taken from Banking & Insurance (S)
  • 1st reading
  • returned to Banking & Insurance (S)
03/11/24
  • taken from Banking & Insurance (S)
  • 2nd reading
  • returned to Banking & Insurance (S)
03/14/24
  • reported favorably, to Rules with Committee Substitute (1) as a consent bill
03/22/24
  • floor amendment (1) filed to Committee Substitute
03/25/24
  • posted for passage in the Regular Orders of the Day for Tuesday, March 26, 2024
03/26/24
  • 3rd reading, passed 35-1 with Committee Substitute (1) and Floor Amendment (1)
  • received in House
  • to Committee on Committees (H)
  • to Banking & Insurance (H)
  • taken from Banking & Insurance (H)
  • 1st reading
  • returned to Banking & Insurance (H)
03/27/24
  • reported favorably, 2nd reading, to Rules
03/28/24
  • placed in the Orders of the Day
  • 3rd reading, passed 97-0
  • received in Senate
  • enrolled, signed by President of the Senate
  • enrolled, signed by Speaker of the House
  • delivered to Governor
04/05/24
  • signed by Governor

Proposed Amendments

Top | Actions
Amendment Senate Committee Substitute 1
Fiscal Impact Statements Actuarial Analysis to Senate Committee Substitute 1
Health Mandate to Senate Committee Substitute 1
Local Mandate to Senate Committee Substitute 1
Summary Retain original provisions, except exempt Medicare Part D plans and student health insurance from the definition of "health plan"; define "ambulatory pharmacy"; amend minimum dispensing fee requirements; require the insurance commissioner to make a determination based on a study conducted every two years; delete prohibition against requiring or incentivizing the use of a mail-order pharmacy to furnish prescription drugs for subsequent administration in a hospital, clinic, pharmacy, or infusion center; amend requirements for the insurance commissioner's review of health plans; create a new section of KRS Chapter 315 to require reporting by ambulatory pharmacies to the Kentucky Board of Pharmacy; establish requirements for the collection, use, and sharing of data; require the Department of Insurance and the Kentucky Board of Pharmacy to consult, share data, and promulgate administrative regulations; require administrative regulations to be promulgated by certain dates.
Index Headings Health Benefit Mandate - Provider contracts pharmacy or pharmacist services, requirements
Drugs and Medicines - Pharmacy or pharmacist services, trade practice requirements
Federal Laws and Regulations - Pharmacy-related trade practices, compliance with federal law
Insurance, Health - Pharmacy-related trade practices, prohibited conduct
Insurance, Health - Provider contracts, pharmacy or pharmacist services, requirements
Pharmacists - Health plan provider contracts, pharmacy or pharmacist services, requirements
State Agencies - Department of Insurance, average ambulatory pharmacy dispensing cost, study
State Agencies - Kentucky Board of Pharmacy, ambulatory pharmacies, data collection
Technical Corrections - SCS 1 to SB 188
Administrative Regulations and Proceedings - Department of Insurance, average ambulatory pharmacy dispensing fee, data collection
Administrative Regulations and Proceedings - Kentucky Board of Pharmacy, data collection, ambulatory pharmacies
Consumer Affairs - Pharmacy or pharmacist services, trade practice requirements
Actuarial Analysis - Kentucky Board of Pharmacy, data collection, ambulatory pharmacies
Local Mandate - Provider contracts, pharmacy or pharmacist services, requirements

Amendment Senate Floor Amendment 1
Sponsor M. Wise
Summary Delete 30 minutes distance standard as a network adequacy threshold; amend minimum dispensing fee requirement to exempt mail-order pharmaceutical distributors; delete and reinsert, as an amendment to KRS 18A.2254, application of pharmacy trade practice requirements to state employee health plan; make conforming amendments.
Index Headings State Employees - Health plan contracts, pharmacy or pharmacist services, requirements
State Employees - Health plan, pharmacy or pharmacist services, coverage requirements
Drugs and Medicines - Professional dispensing fee, prescription drugs and other services
Insurance, Health - Pharmacy-related trade practices, prohibited conduct
Pharmacists - Professional dispensing fee, prescription drugs and other services

Last updated: 4/18/2024 12:47 PM (EDT)