Revision: Jan. 17, 2018, 8:47 a.m.
SB 581-FN - AS INTRODUCED
2018 SESSION
18-2755
01/03
SENATE BILL 581-FN
AN ACT relative to pharmacy benefit managers under the managed care law.
SPONSORS: Sen. Sanborn, Dist 9
COMMITTEE: Health and Human Services
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ANALYSIS
This bill prohibits certain practices of health carriers and pharmacy benefit managers.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
18-2755
01/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
AN ACT relative to pharmacy benefit managers under the managed care law.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subparagraph; Managed Care Law; Provider Contracts; Pharmacy Benefit Managers. Amend RSA 420-J:8, XV by inserting after subparagraph (c) the following new subparagraph:
(d)(1) A health carrier or pharmacy benefit manager shall not require accreditation, credentialing, or licensing of a provider other than by the New Hampshire pharmacy board or other state or federal regulatory body or exclude a provider from dispensing any new drug product for which the provider meets the manufacturer's dispensing guidelines, or otherwise discriminate against a provider.
(2) In addition to other penalties included under this chapter, a violation of this subparagraph or of RSA 420-B:12 shall create a civil cause of action for damages for injunctive relief, or both, in favor of any person, pharmacy, or provider aggrieved by such violation.
2 Effective Date. This act shall take effect upon its passage.
18-2755
1/16/18
SB 581-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to pharmacy benefit managers under the managed care law.
FISCAL IMPACT: [ X ] State [ X ] County [ X ] 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 [ X ] Other - Federal matching Medicaid Funds | |||
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COUNTY: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
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LOCAL: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
METHODOLOGY:
This bill prohibits a health carrier or pharmacy benefit manager from requiring accreditation, credentialing, or licensing of a provider by a nongovernmental body, or from preventing a provider from dispensing a new drug product for which the provider meets dispensing guidelines, or from otherwise discriminating against a provider. The Insurance Department is unable to predict what impact, if any, the bill will have on health insurance premiums, and so the impact on insurance premium tax revenue is indeterminable. The Department of Health and Human Services states that although it is not directly subject to the bill, it is possible its provisions could affect the price and cost of prescription medications for Medicaid enrollees. The Department is unable to determine the extent, if any, of these impacts.
This bill contains penalties that may have an impact on the New Hampshire judicial system. There is no method to determine how many charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures. However, the Judicial Branch has provided the potential costs associated with these penalties below.
| FY 2019 | FY 2020 |
Complex Civil Case | $737 | $745 |
Complex Equity Case | $740 | $746 |
Appeals | Varies | Varies |
AGENCIES CONTACTED:
Department of Health and Human Services, Insurance Department, and Judicial Branch