HB2238 FLOOR REPORT Home | Floor Reports | HB2238 Floor Report

House Heath, Welfare, and Institutions"


Pharmacies; delivery of prescription drugs, pharmacy benefits managers


Provides that whenver any pharmacy delievers a prescription drug order for which refrigeration is required by mail, common carrier, or delivery service, when the drug order is not personally hand-delivered directly to the patient or his agent at the person';s residence or other designated location, the shipmen shall include a means for the (i) detectin of temperature variations that may cause chemical degradation of the drugs and (ii) notification of the patient of the variation. The measure also (a) requires a pharmacy benefits manager (PBM) or carrier to permit each covered individual to fill any mall order-covered prescription, at the covered individual';s option, at any mail order pharmacy or network participating retail community pharmacy if the network participating retail community pharmacy agrees to accept a price that is comparable to that of the mail order pharmacy; (b) prohibits the carrier or PBM from imposing a differential co-payment, additional fee, or other condition on any covered individual who elects to fill a prescription at an in-network retail community pharmacy that is not similarly imposed on covered individuals electing to fill a prescription from a mail order pharmacy; ;(c) requires the PBM to utilize the same benchmark index to reimburse all pharmacies participating in the health benefit plan regardless of whether a pharmacy is a mail order pharmacy or a retail community pharmacy; and (d) requires the PBM to disclose to the carrier in the contract if the PBM retains all or a greater portion of a drug manufacturer';s rebate amount or any additional direct or indirect remuneration from any third party for drugs dispensed through the PBM-owned mail order pharmacy than the PBM does for drugs dispensed through a retail community pharmacy. The measure applies with respect to contracts with a PBM entered into, amended, extended, or renewed on or after January 1, 2020.

Israel O'Quinn