CHAPTER 15
SB 63 - FINAL VERSION
03/21/2019 1209s
8Jan2020... 2794h
2020 SESSION
19-1103
01/05
SENATE BILL 63
AN ACT relative to sharing of insurer rebates with enrollees.
SPONSORS: Sen. Morgan, Dist 23; Sen. Hennessey, Dist 5; Sen. Cavanaugh, Dist 16; Sen. Sherman, Dist 24
COMMITTEE: Commerce
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AMENDED ANALYSIS
This bill requires insurers to file an annual report to the department of insurance that they are making available to their enrollees a percentage of rebates.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/21/2019 1209s
8Jan2020... 2794h 19-1103
01/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
AN ACT relative to sharing of insurer rebates with enrollees.
Be it Enacted by the Senate and House of Representatives in General Court convened:
15:1New Section; Accident and Health Insurance; Cost Sharing. Amend RSA 415-A by inserting after section 6 the following new section:
415-A:7 Establishing Excess Cost Sharing.
I. In this section:
(a) "Insurer" means an entity subject to the insurance laws and rules of this state, or subject to the jurisdiction of the commissioner, that contracts or offers to contract to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care services, including a policy of insurance, health service corporation, health maintenance organization, preferred provider agreement, or any other entity providing accident and health insurance.
(b) "Rebate" means:
(1) Negotiated price concessions including, but not limited to, base rebates and reasonable estimates of any price protection rebates and performance-based rebates that may accrue directly or indirectly to the insurer during the coverage year from a manufacturer, dispensing pharmacy, or other party to the transaction; and
(2) Reasonable estimates of any fees and other administrative costs that are passed through to the health carrier and serve to reduce the insurer's prescription drug liabilities for the coverage year.
II. All rebates remitted by or on behalf of a pharmaceutical manufacturer, developer or labeler, directly or indirectly, to an insurer, or to a pharmacy benefits manager under contract with an insurer, related to its prescription drug benefits shall be remitted in one or both of the following ways:
(a) Remitted directly to the covered person at the point of sale to reduce the out-of- pocket cost to the covered person associated with a particular prescription drug;
(b) Remitted to, and retained by, the insurer. Rebates remitted to the insurer shall be applied by the insurer in its plan design and in future plan years to offset the premium for covered persons.
III. Beginning November 1, 2020 and annually thereafter, an insurer shall file with the commissioner a report in the manner and form determined by the commissioner demonstrating the manner in which the insurer has complied with this section.
IV. Any insurer that violates any provision of this section may, at the discretion of the commissioner, be subject to subparagraph (a) or (b), or both:
(a) Its certificate of authority may be indefinitely suspended or revoked.
(b) A civil fine not to exceed $2,500 may be imposed for each violation. Repeated violations of the same provision shall constitute separate civil offenses.
V. In making the disclosures required under this section, an insurer shall not be required by the department to publish or otherwise reveal information regarding the amount of rebates it receives, including, but not limited to, information regarding the amount of rebates it receives on a product-, manufacturer-, or pharmacy-specific basis. Such information is protected as a trade secret, is not a public record subject to disclosure under RSA 91-A:1, and shall not be disclosed directly or indirectly. An insurer shall impose the confidentiality provision of this section on any vendor or third party that performs health care or administrative services on behalf of the insurer that may receive or have access to rebate information.
15:2 Repeal. RSA 415-A:7, relative to sharing of insurer rebates with enrollees, is repealed.
I. Section 2 of this act shall take effect July 1, 2024.
II. The remainder of this act shall take effect 60 days after its passage.
Approved: July 17, 2020
Effective Date:
I. Section 2 shall take effect July 1, 2024.
II. Remainder shall take effect September 15, 2020.
| Date | Body | Type |
|---|---|---|
| Feb. 19, 2019 | Senate | Hearing |
| March 21, 2019 | Senate | Floor Vote |
| April 24, 2019 | House | Hearing |
| May 21, 2019 | House | Exec Session |
| Oct. 23, 2019 | House | Exec Session |
| House | Floor Vote |
Aug. 15, 2020: II. Remainder Effective 08/15/2020
July 1, 2024: I. Section 2 Effective 07/01/2024
July 17, 2020: Signed by the Governor on 07/17/2020; Chapter 0015
June 29, 2020: Enrolled (In recess 06/29/2020); SJ 9
June 29, 2020: Enrolled (In recess 06/29/2020); SJ 9
: Enrolled 06/30/2020 HJ 10 P. 71
June 29, 2020: Sen. Cavanaugh Moved to Concur with the House Amendment, MA, VV; 06/29/2020; SJ 9
Jan. 8, 2020: Ought to Pass with Amendment 2019-2794h: MA VV 01/08/2020 HJ 1 P. 65
Jan. 8, 2020: Amendment # 2019-2794h: AA VV 01/08/2020 HJ 1 P. 65
: Committee Report: Ought to Pass with Amendment # 2019-2794h (Vote 16-3; RC) HC 50
Oct. 23, 2019: Executive Session: 10/23/2019 12:30 pm LOB 302
Oct. 23, 2019: Subcommittee Work Session: 10/23/2019 09:30 am LOB 301
Oct. 17, 2019: Subcommittee Work Session: 10/17/2019 01:00 pm LOB 301
Oct. 1, 2019: Subcommittee Work Session: 10/01/2019 09:45 am LOB 302
Sept. 10, 2019: Subcommittee Work Session: 09/10/2019 10:00 am LOB 302
June 25, 2019: Full Committee Work Session: 06/25/2019 10:00 am LOB 302
: Retained in Committee
May 21, 2019: Executive Session: 05/21/2019 11:00 am LOB 302
May 16, 2019: Full Committee Work Session: 05/16/2019 09:30 am LOB 302
April 24, 2019: Public Hearing: 04/24/2019 10:00 am LOB 302
March 20, 2019: Introduced 03/20/2019 and referred to Commerce and Consumer Affairs HJ 11 P. 72
March 21, 2019: Ought to Pass with Amendment 2019-1209s, MA, VV; OT3rdg; 03/21/2019; SJ 9
March 21, 2019: Sen. Bradley Floor Amendment # 2019-1209s, AA, VV; 03/21/2019; SJ 9
March 21, 2019: Committee Report: Ought to Pass, 03/21/2019; SC 14
Feb. 19, 2019: Hearing: 02/19/2019, Room 100, SH, 02:15 pm; SC 11
Jan. 3, 2019: Introduced 01/03/2019 and Referred to Commerce; SJ 4