Bill Amendment: FL S1550 | 2023 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Prescription Drugs
Status: 2023-05-04 - Chapter No. 2023-29, companion bill(s) passed, see CS/SB 1552 (Ch. 2023-30) [S1550 Detail]
Download: Florida-2023-S1550-Senate_Floor_Amendment_392522.html
Bill Title: Prescription Drugs
Status: 2023-05-04 - Chapter No. 2023-29, companion bill(s) passed, see CS/SB 1552 (Ch. 2023-30) [S1550 Detail]
Download: Florida-2023-S1550-Senate_Floor_Amendment_392522.html
Florida Senate - 2023 SENATOR AMENDMENT Bill No. CS for CS for SB 1550 Ì392522ÅÎ392522 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Brodeur moved the following: 1 Senate Amendment 2 3 Delete lines 830 - 878 4 and insert: 5 the sole discretion of a covered person, provided the covered 6 person is not penalized, such as through the imposition of a 7 higher cost-sharing obligation or a lower allowed-quantity 8 limit, for choosing not to opt in to the mail order or delivery 9 programs; and 10 4. Prohibit requiring a covered person to receive 11 pharmacist services from an affiliated pharmacy or an affiliated 12 health care provider for the in-person administration of covered 13 prescription drugs; offering or implementing pharmacy networks 14 that require or provide a promotional item or an incentive, 15 defined as anything other than a reduced cost-sharing amount or 16 enhanced quantity limit allowed under the benefit design for a 17 covered drug, to a covered person to use an affiliated pharmacy 18 or an affiliated health care provider for the in-person 19 administration of covered prescription drugs; or advertising, 20 marketing, or promoting an affiliated pharmacy to covered 21 persons. Subject to the foregoing, a pharmacy benefit manager 22 may include an affiliated pharmacy in communications to covered 23 persons regarding network pharmacies and prices, provided that 24 the pharmacy benefit manager includes information, such as links 25 to all nonaffiliated network pharmacies, in such communications 26 and that the information provided is accurate and of equal 27 prominence. This subparagraph may not be construed to prohibit a 28 pharmacy benefit manager from entering into an agreement with an 29 affiliated pharmacy to provide pharmacist services to covered 30 persons. 31 (f) Prohibit the ability of a pharmacy benefit manager to 32 condition participation in one pharmacy network on participation 33 in any other pharmacy network or penalize a pharmacy for 34 exercising its prerogative not to participate in a specific 35 pharmacy network. 36 (g) Prohibit a pharmacy benefit manager from instituting a 37 network that requires a pharmacy to meet accreditation standards 38 inconsistent with or more stringent than applicable federal and 39 state requirements for licensure and operation as a pharmacy in 40 this state. However, a pharmacy benefit manager may specify 41 additional specialty networks that require enhanced standards 42 related to the safety and competency necessary to meet the 43 United States Food and Drug Administration’s limited 44 distribution requirements for dispensing any drug that, on a 45 drug-by-drug basis, requires extraordinary special handling, 46 provider coordination, or clinical care or monitoring when such 47 extraordinary requirements cannot be met by a retail pharmacy. 48 For purposes of this paragraph, drugs requiring extraordinary 49 special handling are limited to drugs that are subject to a risk 50 evaluation and mitigation strategy approved by the United States 51 Food and Drug Administration and that: 52 1. Require special certification of a health care provider 53 to prescribe, receive, dispense, or administer; or 54 2. Require special handling due to the molecular complexity 55 or cytotoxic properties of the biologic or biosimilar product or 56 drug. 57 58 For participation in a specialty network, a pharmacy benefit 59 manager may not require a pharmacy to meet requirements for 60 participation beyond those necessary to demonstrate the 61 pharmacy’s ability to dispense the drug in accordance with the 62 United States Food and Drug Administration’s approved 63 manufacturer labeling.