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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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
| 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 | |
| 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 |
July 26, 2021: Signed by the Governor on 07/23/2021; Chapter 0149; Effective 09/21/2021
July 23, 2021: Signed by the Governor on 07/23/2021; Chapter 0149; Effective 09/21/2021
July 12, 2021: Enrolled Adopted, VV, (In recess 06/24/2021); SJ 20
June 24, 2021: Enrolled Adopted, VV, (In recess 06/24/2021); SJ 20
July 12, 2021: Enrolled (in recess of) 06/24/2021
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 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: 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
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: Committee Report: Ought to Pass with Amendment # 2021-1606h (Vote 17-0; CC) HC 26 P. 5
May 18, 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 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 5, 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
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 17, 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.
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.
March 10, 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: 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
March 10, 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: 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 Amendment # 2021-0326s, RC 23Y-1N, AA; 02/18/2021; SJ 5
Feb. 11, 2021: Committee Report: Ought to Pass with Amendment # 2021-0326s, 02/18/2021; SC 11
Feb. 18, 2021: Committee Report: Ought to Pass with Amendment # 2021-0326s, 02/18/2021; SC 11
Jan. 28, 2021: Remote Hearing: 02/03/2021, 09:15 am; Links to join the hearing can be found in the Senate Calendar; SC 9
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. 26, 2021: Introduced 01/06/2021 and Referred to Health and Human Services; SJ 3
Jan. 6, 2021: Introduced 01/06/2021 and Referred to Health and Human Services; SJ 3