House Bill 708

AN ACT TO AMEND SECTION 73-21-153, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF THE TERM "HEALTH INSURANCE PLAN" AND DEFINE THE TERM "PHARMACY BENEFIT MANAGER AFFILIATE" FOR THE PURPOSES OF THE PHARMACY BENEFIT PROMPT PAY ACT; TO AMEND SECTION 73-21-155, MISSISSIPPI CODE OF 1972, TO REDUCE THE PERIOD OF TIME WITHIN WHICH ALL BENEFITS PAYABLE UNDER A PHARMACY BENEFIT MANAGEMENT PLAN MUST BE PAID FROM FIFTEEN DAYS TO SEVEN DAYS; TO PROHIBIT PHARMACY BENEFIT MANAGERS FROM RETROACTIVELY DENYING OR REDUCING A CLAIM OR AGGREGATE OF CLAIMS AFTER THE CLAIM OR AGGREGATE OF CLAIMS HAS BEEN ADJUDICATED; TO CREATE NEW SECTION 73-21-156, MISSISSIPPI CODE OF 1972, TO SPECIFY THE CIRCUMSTANCES UNDER WHICH A PHARMACY BENEFIT MANAGER MAY PLACE A DRUG ON A MAXIMUM ALLOWABLE COST LIST; TO REQUIRE PHARMACY BENEFIT MANAGERS TO PROVIDE ACCESS TO THEIR MAXIMUM ALLOWABLE COST LIST TO EACH PHARMACY SUBJECT TO THE LIST, UPDATE THE LIST ON A TIMELY BASIS, AND PROVIDE A PROCESS FOR EACH PHARMACY SUBJECT TO THE LIST TO RECEIVE PROMPT NOTIFICATION OF AN UPDATE TO THE LIST; TO REQUIRE PHARMACY BENEFIT MANAGERS TO PROVIDE AN ADMINISTRATIVE APPEAL PROCEDURE TO ALLOW PHARMACIES TO CHALLENGE A MAXIMUM ALLOWABLE COST LIST AND REIMBURSEMENTS MADE UNDER SUCH A LIST; TO PROHIBIT PHARMACY BENEFIT MANAGERS FROM REIMBURSING A PHARMACY OR PHARMACIST AN AMOUNT LESS THAN THE AMOUNT THAT THE MANAGER REIMBURSES A PHARMACY BENEFIT MANAGER AFFILIATE FOR PROVIDING THE SAME PHARMACIST SERVICES; TO AMEND SECTION 73-21-157, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISION RELATING TO DISCLOSURE OF PROPRIETARY INFORMATION BY PHARMACY BENEFIT MANAGERS TO THE STATE BOARD OF PHARMACY; TO REQUIRE THE BOARD TO DESTROY OR DELETE ALL SUCH INFORMATION THIRTY DAYS AFTER THE BOARD DETERMINES THAT THE INFORMATION IS NO LONGER NECESSARY OR USEFUL; TO PROVIDE THAT ANY PERSON WHO KNOWINGLY RELEASES ANY SUCH INFORMATION SHALL BE SUBJECT TO A MONETARY PENALTY IMPOSED BY THE BOARD; TO PROVIDE THAT ALL EMPLOYEES OF THE BOARD WHO HAVE ACCESS TO SUCH INFORMATION SHALL BE FINGERPRINTED AND UNDERGO A CRIMINAL HISTORY RECORDS CHECK; TO PROHIBIT PHARMACY BENEFIT MANAGERS OR THIRD-PARTY PAYORS FROM REQUIRING PHARMACY ACCREDITATION STANDARDS OR RECERTIFICATION REQUIREMENTS INCONSISTENT WITH, MORE STRINGENT THAN, OR IN ADDITION TO FEDERAL AND STATE REQUIREMENTS FOR LICENSURE AS A PHARMACY IN THIS STATE; TO CREATE NEW SECTION 73-21-161, MISSISSIPPI CODE OF 1972, TO PROHIBIT PHARMACIES, PHARMACY BENEFIT MANAGERS AND PHARMACY BENEFIT MANAGER AFFILIATES FROM ORDERING OF A PATIENT TO A PHARMACY BY A PHARMACY BENEFIT MANAGER AFFILIATE, OFFERING OR IMPLEMENTING PLAN DESIGNS THAT REQUIRE PATIENTS TO USE AFFILIATED PHARMACIES, PATIENT OR PROSPECTIVE PATIENT SPECIFIC ADVERTISING, MARKETING OR PROMOTION OF A PHARMACY BY AN AFFILIATE; TO REQUIRE RESIDENT AND NONRESIDENT PHARMACIES THAT HAVE AFFILIATES TO ANNUALLY FILE WITH THE BOARD A DISCLOSURE STATEMENT IDENTIFYING ALL SUCH AFFILIATES; TO CREATE NEW SECTION 73-21-163, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE BOARD TO BRING COURT ACTIONS FOR TEMPORARY OR PERMANENT INJUNCTIONS TO PROHIBIT A PHARMACY BENEFIT MANAGER OR PHARMACY BENEFIT MANAGER AFFILIATE FROM USING ANY METHOD, ACT OR PRACTICE PROHIBITED IN THE PHARMACY BENEFIT PROMPT PAY ACT; TO AUTHORIZE THE BOARD TO IMPOSE A MONETARY PENALTY ON A PHARMACY BENEFIT MANAGER OR PHARMACY BENEFIT MANAGER AFFILIATE FOR NONCOMPLIANCE WITH THE PROVISIONS OF THE PHARMACY BENEFIT PROMPT PAY ACT; TO AMEND SECTIONS 73-21-151 AND 73-21-159, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.

In the House of Representatives

• Sam C. Mims, V

  Sponsor

• House of Representatives floor amendmentAdopted

  Adopted Mar 4

• Senate committee amendmentAdopted

  Adopted Jun 10

l9n doesn't hold this bill's text yet.

In the House of Representatives Feb 10 – Mar 4

1. Feb 10Referred to the House committee on Public Health and Human Services
2. Feb 20Reported from committee in the House: title sufficient, do pass
3. Mar 4Amended in the House
4. Passed the House as amended

In the Senate Mar 6 – Jun 10

1. Mar 6Sent to the Senate
2. May 11Referred to the Senate committee on Public Health and Welfare
3. Jun 3Reported from committee in the Senate: title sufficient, do pass as amended
4. Jun 10Amended in the Senate
5. Passed the Senate as amended

Back in the House of Representatives Jun 11 – Jun 22

1. Jun 11Returned to the House to concur in the Senate's amendments
2. Jun 17Concurred in the House in the Senate's amendments
3. Jun 22Enrolled bill signed in the House

To the Governor Jun 23 – Jun 29

1. Jun 23Enrolled bill signed in the Senate
2. Jun 29Approved by the Governor