SB97 (2021) Detail

(New Title) relative to in-network retail pharmacies.


CHAPTER 149

SB 97 - FINAL VERSION

 

02/18/2021   0326s

3Jun2021... 1606h

2021 SESSION

21-0407

08/06

 

SENATE BILL 97

 

AN ACT relative to in-network retail pharmacies.

 

SPONSORS: Sen. Hennessey, Dist 1

 

COMMITTEE: Health and Human Services

 

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AMENDED ANALYSIS

 

This bill prohibits certain acts relative to pharmacy benefits managers.

 

This bill also prohibits certain acts relative to health carriers and in-network retail pharmacies.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/18/2021   0326s

3Jun2021... 1606h 21-0407

08/06

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

AN ACT relative to in-network retail pharmacies.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

149:1  New Section; Pharmacy Benefits Managers; Prohibited Acts.  Amend RSA 402-N by inserting after section 4 the following new section:

402-N:4-a  Prohibited Acts.  A pharmacy benefit manager shall not, either directly or indirectly:

I.  Prohibit an in-network retail pharmacy from:

(a)  Mailing or delivering a prescription drug to an enrollee as an ancillary service of the in-network retail pharmacy provided that confirmation of delivery is obtained.

(b)  Charging a shipping or handling surcharge to an enrollee who requests that the in-network retail pharmacy mail or deliver a prescription drug to the enrollee as an ancillary service provided the enrollee receives a disclosure from the in-network retail pharmacy regarding any surcharge to be charged to the patient for the delivery of a prescription drug, including that the surcharge may not be reimbursable by the plan sponsor or pharmacy benefit manager.

(c)  Offering the ancillary services described in subparagraph I(a) to an enrollee.

II.  Charge an enrollee who uses an in-network retail pharmacy that offers to mail or deliver a prescription drug to an enrollee as an ancillary service a surcharge for the delivery of a prescription drug or copayment that is higher than the surcharge or copayment the enrollee would pay if the enrollee used an in-network retail pharmacy that does not offer to mail or deliver a prescription drug to an enrollee as an ancillary service.

III. For purposes of this section, a retail pharmacy shall not include a “mail-order pharmacy” as defined in RSA 318:1, VII-b.

149:2  New Section; Health Carriers; Prohibited Acts.  Amend RSA 420-J:7-b by inserting after paragraph XI the following new paragraph:

XII.  A health carrier shall not, either directly or indirectly:

(a) Prohibit an in-network retail pharmacy from:

(1)  Mailing or delivering a prescription drug to an enrollee as an ancillary service of the in-network retail pharmacy provided that confirmation of delivery is obtained.

(2)  Charging a shipping or handling surcharge to an enrollee who requests that the in-network retail pharmacy mail or deliver a prescription drug to the enrollee as an ancillary service provided the enrollee receives a disclosure from the in-network retail pharmacy regarding any surcharge to be charged to the patient for the delivery of a prescription drug, including that the surcharge may not be reimbursable by the plan sponsor or health carrier.

(3)  Offering the ancillary services described in subparagraph I(a) to an enrollee.

(b)  Charge an enrollee who uses an in-network retail pharmacy that offers to mail or deliver a prescription drug to an enrollee as an ancillary service a surcharge for the delivery of a prescription drug or copayment that is higher than the surcharge or copayment the enrollee would pay if the enrollee used an in-network retail pharmacy that does not offer to mail or deliver a prescription drug to an enrollee as an ancillary service.

(c)  For purposes of this section, a retail pharmacy shall not include a “mail-order pharmacy” as defined in RSA 318:1, VII-b.

149:3  Effective Date.  This act shall take effect 60 days after its passage.

 

Approved: July 23, 2021

Effective Date: September 21, 2021

Links

SB97 at GenCourtMobile
SB97 Discussion

Action Dates

Date Body Type
Feb. 3, 2021 Senate Hearing
Feb. 18, 2021 Senate Floor Vote
March 24, 2021 House Hearing
May 13, 2021 House Exec Session
May 25, 2021 House Exec Session
House Floor Vote

Bill Text Revisions

SB97 Revision: 32850 Date: July 26, 2021, 11:36 a.m.
SB97 Revision: 32731 Date: June 10, 2021, 2:33 p.m.
SB97 Revision: 32577 Date: June 3, 2021, 9:45 a.m.
SB97 Revision: 32117 Date: Feb. 18, 2021, 6:05 p.m.
SB97 Revision: 32030 Date: Jan. 26, 2021, 12:55 p.m.

Docket


July 23, 2021: Signed by the Governor on 07/23/2021; Chapter 0149; Effective 09/21/2021


June 24, 2021: Enrolled Adopted, VV, (In recess 06/24/2021); SJ 20


June 24, 2021: Enrolled (in recess of) 06/24/2021


June 10, 2021: Sen. Bradley Moved to Concur with the House Amendment, MA, VV; 06/10/2021; SJ 19


June 3, 2021: Ought to Pass with Amendment 2021-1606h: MA VV 06/03/2021 HJ 8 P. 4


June 3, 2021: Amendment # 2021-1606h: AA VV 06/03/2021 HJ 8 P. 4


: Committee Report: Ought to Pass with Amendment # 2021-1606h (Vote 17-0; CC) HC 26 P. 5


May 25, 2021: ==CONTINUED== Executive Session: 05/25/2021 10:00 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/94122935505


May 13, 2021: ==RECESSED== Executive Session: 05/13/2021 10:00 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/93883325643


March 24, 2021: Public Hearing: 03/24/2021 11:00 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/97709851457 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.


Feb. 25, 2021: Vacated and Referred to Commerce and Consumer Affairs (Rep. Steven Smith): MA VV (in recess of) 02/25/2021 HJ 4 P. 49


Feb. 25, 2021: Introduced (in recess of) 02/25/2021 and referred to Health, Human Services and Elderly Affairs HJ 4 P. 48


Feb. 18, 2021: Ought to Pass with Amendment 2021-0326s, RC 23Y-1N, MA; OT3rdg; 02/18/2021; SJ 5


Feb. 18, 2021: Committee Amendment # 2021-0326s, RC 23Y-1N, AA; 02/18/2021; SJ 5


Feb. 18, 2021: Committee Report: Ought to Pass with Amendment # 2021-0326s, 02/18/2021; SC 11


Feb. 3, 2021: Remote Hearing: 02/03/2021, 09:15 am; Links to join the hearing can be found in the Senate Calendar; SC 9


Jan. 6, 2021: Introduced 01/06/2021 and Referred to Health and Human Services; SJ 3