Revision: Dec. 5, 2017, 4:26 p.m.
HB 1791-FN - AS INTRODUCED
2018 SESSION
18-2685
01/10
HOUSE BILL 1791-FN
AN ACT allowing pharmacists to disclose information relative to lower cost drugs under the managed care law.
SPONSORS: Rep. Butler, Carr. 7; Rep. Rosenwald, Hills. 30; Rep. Williams, Hills. 4; Rep. Fothergill, Coos 1; Rep. Knirk, Carr. 3
COMMITTEE: Commerce and Consumer Affairs
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ANALYSIS
This bill declares that a contract between an insurance carrier or pharmacy benefit manager and a contracted pharmacy shall not contain a provision prohibiting the pharmacist from providing certain information to an insured.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
18-2685
01/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Managed Care Law; Provider Contract Standards. Amend RSA 420-J:8 by inserting after paragraph XV the following new paragraph:
XVI.(a) On or after January 1, 2019, no contract between an insurance carrier or pharmacy benefit manager and a contracted pharmacy shall contain a provision prohibiting or penalizing, including through increased utilization review, reduced payments or other financial disincentives, a pharmacist's disclosure to an individual purchasing prescription medication relative to information regarding (1) the cost of the prescription medication to the individual, or (2) the availability of any therapeutically equivalent alternative medications or alternative methods of purchasing the prescription medication, including, but not limited to, paying a cash price, that are less expensive than the cost of the prescription medication to the individual.
(b) Any provision of a contract that violates the provisions of this paragraph shall be void and unenforceable. Any general business practice of an insurer that violates the provisions of this paragraph shall constitute an unfair insurance trade practice under RSA 417. The invalidity or unenforceability of any contract provision under this subparagraph shall not affect any other provision of the contract.
2 Effective Date. This act shall take effect January 1, 2019.
18-2685
12/5/17
HB 1791-FN- FISCAL NOTE
AS INTRODUCED
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2019 | FY 2020 | FY 2021 | FY 2022 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
Expenditures | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
COUNTY: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
LOCAL: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
METHODOLOGY:
The bill prohibits contracts between insurance carriers and pharmacies from containing provisions that would prohibit the pharmacy from providing information to consumers regarding (1) the cost of the prescription medication to the individual, or (2) the availability of alternative medications or alternative methods of purchasing the same medication. The Department of Health and Human Services states the bill is unlikely to have a significant impact on state Medicaid expenditures. The Insurance Department states it has no knowledge regarding the prevalence of such provisions in existing contracts, therefore it is unable to determine the extent of any impact on insurance pricing. As result, the Department can not predict the impact on county or local expenditures or premium tax revenues.
The Department of Administrative Services states this bill will not impact the State Employee and Retiree Health Benefit Plan as it is a governmental self-insured plan and not governed by managed care law.
AGENCIES CONTACTED:
Department of Health and Human Services, Insurance Department, and Department of Administrative Services