House Bill 1666

AN ACT TO AMEND SECTION 73-21-151, MISSISSIPPI CODE OF 1972, TO REFERENCE NEW SECTIONS IN THE PHARMACY BENEFIT PROMPT PAY ACT; TO AMEND SECTION 73-21-153, MISSISSIPPI CODE OF 1972, TO DEFINE NEW TERMS AND REVISE THE DEFINITIONS OF EXISTING TERMS UNDER THE PHARMACY BENEFIT PROMPT PAY ACT; TO AMEND SECTION 73-21-155, MISSISSIPPI CODE OF 1972, TO DELETE DEFINITIONS FOR "CLEAN CLAIM" AND "NETWORK PHARMACY", WHICH ARE INCLUDED IN THE DEFINITIONS SECTION; TO AMEND SECTION 73-21-156, MISSISSIPPI CODE OF 1972, TO REQUIRE PHARMACY BENEFIT MANAGERS TO PROVIDE REASONABLE ADMINISTRATIVE APPEAL PROCEDURES TO ALLOW PHARMACIES TO CHALLENGE A REIMBURSEMENT FOR A SPECIFIC DRUG OR DRUGS AS BEING BELOW THE REIMBURSEMENT RATE REQUIRED BY THE PRECEDING PROVISION; TO PROVIDE THAT IF THE APPEAL IS UPHELD, THE PHARMACY BENEFIT MANAGER SHALL MAKE THE CHANGE IN THE PAYMENT TO THE REQUIRED REIMBURSEMENT RATE FOR THAT PHARMACY; TO AMEND SECTION 73-21-157, MISSISSIPPI CODE OF 1972, TO REQUIRE A PHARMACY SERVICES ADMINISTRATIVE ORGANIZATION (PSAO) TO BE LICENSED BY THE STATE BOARD OF PHARMACY; TO REQUIRE A PSAO TO PROVIDE TO A PHARMACY OR PHARMACIST A COPY OF ANY CONTRACT ENTERED INTO ON BEHALF OF THE PHARMACY OR PHARMACIST BY THE PSAO; TO CREATE NEW SECTION 73-21-158, MISSISSIPPI CODE OF 1972, TO PROHIBIT A PHARMACY BENEFIT MANAGER, PSAO, CARRIER OR HEALTH PLAN FROM SPREAD PRICING; TO PROHIBIT PHARMACY BENEFIT MANAGERS FROM REIMBURSING A PHARMACY OR PHARMACIST IN THE STATE AN AMOUNT LESS THAN THE AMOUNT REIMBURSED TO A PHARMACY BENEFIT MANAGER AFFILIATE FOR THE SAME DRUG; TO PROVIDE THAT PHARMACY BENEFIT MANAGERS AND HEALTH PLANS ARE NOT PROHIBITED FROM APPLYING BONA FIDE VOLUME-BASED DISCOUNTS, REBATES OR OTHER PRICE CONCESSIONS TO IN-NETWORK PHARMACIES ON TERMS EQUAL TO SIMILARLY SITUATED IN-NETWORK PHARMACIES, INCLUDING PHARMACY BENEFIT MANAGER AFFILIATE PHARMACIES; TO CREATE NEW SECTION 73-21-162, MISSISSIPPI CODE OF 1972, TO PROHIBIT PHARMACY BENEFIT MANAGERS, PHARMACY BENEFIT MANAGER AFFILIATES AND PHARMACY SERVICES ADMINISTRATIVE ORGANIZATIONS (PSAOS) FROM PENALIZING OR RETALIATING AGAINST A PHARMACIST, PHARMACY OR PHARMACY EMPLOYEE FOR EXERCISING ANY RIGHTS UNDER THIS ACT, INITIATING ANY JUDICIAL OR REGULATORY ACTIONS, OR APPEARING BEFORE ANY GOVERNMENTAL AGENCY, LEGISLATIVE MEMBER OR BODY OR ANY JUDICIAL AUTHORITY; TO AMEND SECTION 73-21-163, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE BOARD OF PHARMACY, FOR THE PURPOSES OF CONDUCTING INVESTIGATIONS, TO CONDUCT EXAMINATIONS OF A PHARMACY BENEFIT MANAGER OR PSAO AND TO ISSUE SUBPOENAS TO OBTAIN DOCUMENTS OR RECORDS THAT IT DEEMS RELEVANT TO THE INVESTIGATION; TO CREATE NEW SECTION 73-21-165, MISSISSIPPI CODE OF 1972, TO REQUIRE EACH DRUG MANUFACTURER TO SUBMIT A REPORT TO THE BOARD OF PHARMACY THAT INCLUDES THE CURRENT WHOLESALE ACQUISITION COST; TO REQUIRE SUCH ENTITIES TO PROVIDE THE BOARD OF PHARMACY WITH VARIOUS DRUG PRICING INFORMATION WITHIN A CERTAIN TIME; TO REQUIRE PHARMACY BENEFIT MANAGERS AND PSAOS TO FILE A REPORT WITH THE BOARD OF PHARMACY; TO REQUIRE EACH HEALTH INSURER TO SUBMIT A REPORT TO THE BOARD OF PHARMACY THAT INCLUDES CERTAIN DRUG PRESCRIPTION INFORMATION; TO CREATE NEW SECTION 73-21-167, MISSISSIPPI CODE OF 1972, TO REQUIRE THE BOARD OF PHARMACY TO DEVELOP A WEBSITE TO PUBLISH INFORMATION RELATED TO THE ACT; TO CREATE NEW SECTION 73-21-169, MISSISSIPPI CODE OF 1972, TO REQUIRE PHARMACY BENEFIT MANAGERS AND PSAOS TO IDENTIFY OWNERSHIP AFFILIATION OF ANY KIND TO THE BOARD OF PHARMACY; TO CREATE THE MISSISSIPPI INDEPENDENT PHARMACIST REIMBURSEMENT ASSISTANCE GRANT PROGRAM TO PROVIDE FINANCIAL ASSISTANCE TO ELIGIBLE INDEPENDENT COMMUNITY PHARMACIES IN THE STATE; TO REQUIRE THE STATE BOARD OF PHARMACY TO ADMINISTER THE PROGRAM; TO ESTABLISH GRANT ELIGIBILITY CRITERIA; TO PROVIDE THAT FUNDING FOR THE PROGRAM SHALL BE THROUGH LEGISLATIVE APPROPRIATIONS, GRANTS AND DONATIONS; TO REQUIRE ANNUAL REPORTS ON THE PROGRAM; TO PROVIDE THAT THE ACT MAY NOT BE CONSTRUED TO IMPOSE A FIDUCIARY DUTY ON A PHARMACY BENEFIT MANAGER OR HEALTH INSURER WHICH IS INCONSISTENT WITH FEDERAL LAW, TO PROHIBIT PHARMACY BENEFIT MANAGERS FROM DESIGNING FORMULARIES, BENEFIT TIERS AND NETWORKS TO MANAGE COST, TO LIMIT PHARMACY BENEFIT MANAGERS' ABILITY TO NEGOTIATE VOLUME-BASED DISCOUNTS OR REBATES, OR TO REQUIRE HEALTH BENEFIT PLANS TO INCLUDE ALL WILLING PHARMACIES IN ITS PREFERRED NETWORK; AND FOR RELATED PURPOSES.

In the House of Representatives

• Henry Zuber III

  Sponsor

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

In the House of Representatives Jan 19 – Feb 3

1. Jan 19Referred to the House committees on State Affairs and on Ways and Means
2. Feb 3Died in committee in the House