Bill Text: IA SF347 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to pharmacy benefit managers and health carriers and management of prescription drug benefits, and including applicability provisions. (See SF 563.)
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-11 - Committee report approving bill, renumbered as SF 563. S.J. 524. [SF347 Detail]
Download: Iowa-2019-SF347-Introduced.html
Senate
File
347
-
Introduced
SENATE
FILE
347
BY
MILLER-MEEKS
A
BILL
FOR
An
Act
relating
to
pharmacy
benefit
managers
and
health
1
carriers
and
management
of
prescription
drug
benefits,
and
2
including
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
NEW
SECTION
.
510C.1
Definitions.
1
As
used
in
this
chapter
unless
the
context
otherwise
2
requires:
3
1.
“Administrative
fees”
means
a
fee
or
payment,
other
than
4
a
rebate,
under
a
contract
between
a
pharmacy
benefit
manager
5
and
a
pharmaceutical
drug
manufacturer
in
connection
with
the
6
pharmacy
benefit
manager’s
management
of
a
health
carrier’s
7
prescription
drug
benefit,
that
is
paid
by
a
pharmaceutical
8
drug
manufacturer
to
a
pharmacy
benefit
manager
or
is
retained
9
by
the
pharmacy
benefit
manager.
10
2.
“Aggregate
retained
rebate
percentage”
means
the
11
percentage
of
all
rebates
received
by
a
pharmacy
benefit
12
manager
that
is
not
passed
on
to
the
pharmacy
benefit
manager’s
13
health
carrier
clients.
14
3.
“Commissioner”
means
the
commissioner
of
insurance.
15
4.
“Covered
person”
means
the
same
as
defined
in
section
16
514J.102.
17
5.
“Formulary”
means
a
complete
list
of
prescription
drugs
18
eligible
for
coverage
under
a
health
benefit
plan.
19
6.
“Health
benefit
plan”
means
the
same
as
defined
in
20
section
514J.102.
21
7.
“Health
carrier”
means
the
same
as
defined
in
section
22
514J.102.
23
8.
“Health
carrier
administrative
service
fee”
means
a
fee
24
or
payment
under
a
contract
between
a
pharmacy
benefit
manager
25
and
a
health
carrier
in
connection
with
the
pharmacy
benefit
26
manager’s
administration
of
the
health
carrier’s
prescription
27
drug
benefit
that
is
paid
by
a
health
carrier
to
a
pharmacy
28
benefit
manager
or
is
otherwise
retained
by
a
pharmacy
benefit
29
manager.
30
9.
“Pharmacy
benefit
manager”
means
a
person
who,
pursuant
31
to
a
contract
or
other
relationship
with
a
health
carrier,
32
either
directly
or
through
an
intermediary,
manages
a
33
prescription
drug
benefit
provided
by
the
health
carrier.
34
10.
“Prescription
drug
benefit”
means
a
health
benefit
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plan
providing
for
third-party
payment
or
prepayment
for
1
prescription
drugs.
2
11.
“Rebate”
means
all
discounts
and
other
negotiated
price
3
concessions
paid
directly
or
indirectly
by
a
pharmaceutical
4
manufacturer
or
other
entity,
other
than
a
covered
person,
5
in
the
prescription
drug
supply
chain
to
a
pharmacy
benefit
6
manager,
and
which
may
be
based
on
any
of
the
following:
7
a.
A
pharmaceutical
manufacturer’s
list
price
for
a
8
prescription
drug.
9
b.
Utilization.
10
c.
To
maintain
a
net
price
for
a
prescription
drug
for
11
a
specified
period
of
time
for
the
pharmacy
benefit
manager
12
in
the
event
the
pharmaceutical
manufacturer’s
list
price
13
increases.
14
d.
Reasonable
estimates
of
the
volume
of
a
prescribed
drug
15
that
will
be
dispensed
by
a
pharmacy
to
covered
persons.
16
Sec.
2.
NEW
SECTION
.
510C.2
Annual
report
to
the
17
commissioner.
18
1.
Each
pharmacy
benefit
manager
shall
provide
a
report
19
annually
by
February
15
to
the
commissioner
that
contains
20
all
of
the
following
information
regarding
prescription
drug
21
benefits
provided
to
covered
persons
of
each
health
carrier
22
with
whom
the
pharmacy
manager
has
contracted
during
the
prior
23
calendar
year:
24
a.
The
aggregate
dollar
amount
of
all
rebates
received
by
25
the
pharmacy
benefit
manager.
26
b.
The
aggregate
dollar
amount
of
all
administrative
fees
27
received
by
the
pharmacy
benefit
manager.
28
c.
The
aggregate
dollar
amount
of
all
health
carrier
29
administrative
service
fees
received
by
the
pharmacy
benefit
30
manager.
31
d.
The
aggregate
dollar
amount
of
all
rebates
received
by
32
the
pharmacy
benefit
manager
that
the
pharmacy
benefit
manager
33
did
not
pass
through
to
the
health
carrier.
34
e.
The
aggregate
amount
of
all
administrative
fees
received
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by
the
pharmacy
benefit
manager
that
the
pharmacy
benefit
1
manager
did
not
pass
through
to
the
health
carrier.
2
f.
The
aggregate
retained
rebate
percentage
as
calculated
by
3
dividing
the
dollar
amount
in
paragraph
“d”
by
the
dollar
amount
4
in
paragraph
“a”
.
5
g.
Across
all
health
carrier
clients
with
whom
the
pharmacy
6
manager
was
contracted,
the
highest
and
the
lowest
aggregate
7
retained
rebate
percentages.
8
2.
a.
A
pharmacy
benefit
manager
shall
provide
the
9
information
pursuant
to
subsection
1
to
the
commissioner
in
a
10
format
approved
by
the
commissioner
that
does
not
directly
or
11
indirectly
disclose
any
of
the
following:
12
(1)
The
identity
of
a
specific
health
carrier.
13
(2)
The
price
charged
by
a
specific
pharmaceutical
14
manufacturer
for
a
specific
prescription
drug
or
for
a
class
15
of
prescription
drugs.
16
(3)
The
amount
of
rebates
provided
for
a
specific
17
prescription
drug
or
class
of
prescription
drugs.
18
b.
Information
provided
under
this
section
by
a
pharmacy
19
benefit
manager
to
the
commissioner
that
may
reveal
the
20
identity
of
a
specific
health
carrier,
the
price
charged
21
by
a
specific
pharmaceutical
manufacturer
for
a
specific
22
prescription
drug
or
class
of
prescription
drugs,
or
the
amount
23
of
rebates
provided
for
a
specific
prescription
drug
or
class
24
of
prescription
drugs
shall
be
considered
a
confidential
record
25
and
be
recognized
and
protected
as
a
trade
secret
pursuant
to
26
section
22.7,
subsection
3.
27
3.
The
commissioner
shall
publish,
within
sixty
calendar
28
days
of
receipt,
the
nonconfidential
information
received
by
29
the
commissioner
on
a
publicly
accessible
internet
site.
The
30
information
shall
be
made
available
to
the
public
in
a
format
31
that
complies
with
subsection
2,
paragraph
“a”
.
32
Sec.
3.
NEW
SECTION
.
510C.3
Formulary
——
public
access.
33
If
a
pharmacy
benefit
manager
is
contracted
to
manage
the
34
prescription
drug
benefit
for
a
health
carrier’s
health
benefit
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plan,
the
pharmacy
benefit
manager
shall
post
all
of
the
1
following
for
each
health
benefit
plan
on
an
internet
site
that
2
is
easily
accessible
to
the
public:
3
1.
The
health
carrier’s
formulary.
4
2.
Notice,
at
least
ninety
calendar
days
prior
to
5
implementation,
of
any
of
the
following:
6
a.
Any
change
to
the
health
carrier’s
formulary.
7
b.
The
exclusion
of
a
prescription
drug
from
coverage
by
8
the
health
carrier,
the
health
benefit
plan,
or
the
pharmacy
9
benefit
manager.
10
Sec.
4.
NEW
SECTION
.
510C.4
Pharmacy
and
therapeutics
11
committee.
12
1.
A
pharmacy
benefit
manager
that
manages
a
health
13
carrier’s
prescription
drug
benefit
shall
review
the
health
14
carrier’s
formulary
at
least
annually,
utilizing
an
independent
15
pharmacy
and
therapeutics
committee
that
meets
all
of
the
16
following
requirements:
17
a.
Committee
members
must
be
practicing
physicians,
18
practicing
pharmacists,
or
both,
and
must
be
licensed
in
this
19
state.
20
b.
Committee
members
must
practice
in
various
clinical
21
specialty
areas,
and
include
high-volume
specialists
and
22
specialists
treating
rare
and
orphan
diseases,
that
represent
23
the
needs
of
the
health
carrier’s
covered
persons.
24
c.
The
committee
must
meet
at
least
quarterly.
25
d.
Formulary
development
must
be
conducted
in
a
transparent
26
process
and
formulary
decisions
and
rationale
must
be
27
documented
in
writing.
Any
records
and
documents
relating
28
to
the
process
shall
be
made
available
by
the
committee
to
29
the
health
carrier
upon
request,
subject
to
the
conditions
in
30
subsection
2.
31
e.
One
or
more
specialists
with
current
clinical
expertise
32
who
actively
treat
patients
in
a
specific
therapeutic
area,
33
including
patients
with
the
specific
conditions
within
the
34
therapeutic
area,
must
participate
in
all
formulary
decisions
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regarding
each
such
therapeutic
area
and
the
specific
1
conditions.
2
f.
The
committee
shall
base
the
committee’s
clinical
3
decisions
on
the
strength
of
scientific
evidence,
standards
of
4
practice,
and
nationally
accepted
treatment
guidelines.
5
g.
The
committee
shall
consider
whether
a
particular
6
prescription
drug
has
a
clinically
meaningful
therapeutic
7
advantage
over
other
prescription
drugs
in
terms
of
safety,
8
effectiveness,
or
clinical
outcome
for
patient
populations
who
9
may
be
treated
with
the
prescription
drug.
10
h.
The
committee
shall
evaluate
and
analyze
treatment
11
protocols
and
procedures
related
to
the
health
carrier’s
12
formulary.
13
i.
The
committee
shall
review
formulary
management
14
activities,
such
as
prior
authorization,
step
therapy,
quantity
15
limits,
generic
substitutions,
therapeutic
interchange,
and
16
other
prescription
drug
utilization
management
activities
for
17
all
of
the
following:
18
(1)
Clinical
appropriateness.
19
(2)
Consistency
with
industry
standards.
20
(3)
Consistency
with
patient
and
provider
organization
21
guidelines.
22
j.
The
committee
shall
review
and
provide
a
written
report
23
to
the
pharmacy
benefit
manager
that
addresses
all
of
the
24
following:
25
(1)
The
percentage
of
prescription
drugs
on
the
formulary
26
that
are
subject
to
each
of
the
types
of
utilization
management
27
described
in
paragraph
“i”
.
28
(2)
Rates
of
adherence
and
nonadherence
to
medicines
by
29
therapeutic
area.
30
(3)
Rates
of
abandonment
of
medicines
by
therapeutic
area.
31
(4)
Recommendations
for
improved
adherence
and
reduced
32
abandonment.
33
(5)
Recommendations
for
improvement
in
formulary
management
34
practices
consistent
with
patient
and
provider
organization
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guidelines,
as
well
as
other
clinical
guidelines,
provided
that
1
the
report
shall
be
subject
to
the
conditions
in
subsection
2.
2
k.
The
committee
shall
review
and
make
a
formulary
decision
3
on
a
prescription
drug
that
is
newly
approved
by
the
United
4
States
food
and
drug
administration
within
ninety
calendar
5
days
of
the
United
States
food
and
drug
administration’s
6
approval
of
the
prescription
drug,
or
shall
provide
a
7
clinical
justification
to
the
pharmacy
benefit
manager
if
the
8
ninety-calendar-day
time
frame
is
not
met.
9
l.
The
committee
shall
review
procedures
for
the
medical
10
review
and
transitioning
of
a
covered
person
who
is
new
to
11
a
health
benefit
plan
to
appropriate
formulary
alternatives.
12
The
review
must
ensure
that
the
procedures
appropriately
13
address
situations
involving
a
covered
person
who
is
stabilized
14
on
a
prescription
drug
that
is
not
on
the
health
carrier’s
15
formulary,
or
that
is
on
the
health
carrier’s
formulary
but
16
is
subject
to
prior
authorization,
step
therapy,
or
other
17
utilization
management
requirements.
18
2.
A
pharmacy
benefit
manager,
a
pharmacy,
or
a
therapeutic
19
committee
shall
not
publish
or
otherwise
directly
or
indirectly
20
disclose
any
confidential
or
proprietary
information
including
21
but
not
limited
to
any
information
that
reveals
any
of
the
22
following:
23
a.
The
identity
of
a
specific
health
carrier.
24
b.
The
price
charged
by
a
specific
pharmaceutical
25
manufacturer
for
a
specific
prescription
drug
or
class
of
26
prescription
drugs.
27
c.
The
amount
of
rebates
provided
for
a
specific
28
prescription
drug
or
class
of
prescription
drugs.
29
3.
Information
provided
to
or
utilized
by
a
pharmacy
benefit
30
manager
and
a
pharmacy
and
therapeutics
committee
pursuant
to
31
subsection
1
shall
be
protected
from
disclosure
as
confidential
32
and
proprietary
and
shall
not
be
a
public
record
subject
to
33
disclosure
under
chapter
22.
34
Sec.
5.
NEW
SECTION
.
510C.5
Rules.
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The
commissioner
of
insurance
shall
adopt
rules
pursuant
to
1
chapter
17A
as
necessary
to
administer
this
chapter.
2
Sec.
6.
NEW
SECTION
.
510C.6
Enforcement.
3
The
commissioner
may
take
any
action
within
the
4
commissioner’s
authority
to
enforce
compliance
with
this
5
chapter.
6
Sec.
7.
NEW
SECTION
.
510C.7
Applicability.
7
This
chapter
is
applicable
to
a
health
benefit
plan
that
is
8
delivered,
issued
for
delivery,
continued,
or
renewed
in
this
9
state
on
or
after
January
1,
2020.
10
Sec.
8.
NEW
SECTION
.
514M.1
Definitions.
11
As
used
in
this
chapter,
unless
the
context
otherwise
12
requires:
13
1.
“Commissioner”
means
the
commissioner
of
insurance.
14
2.
“Cost
sharing”
means
any
copayment,
coinsurance,
15
deductible,
or
other
out-of-pocket
expense
requirement.
16
3.
“Covered
person”
means
the
same
as
defined
in
section
17
514J.102.
18
4.
“Health
benefit
plan”
means
the
same
as
defined
in
19
section
514J.102.
20
5.
“Health
carrier”
means
the
same
as
defined
in
section
21
514J.102.
22
6.
“Health
carrier
cost”
means
the
amount
that
a
health
23
carrier
has
contracted
with
a
dispensing
pharmacy
to
pay
the
24
dispensing
pharmacy
for
a
covered
prescription
drug,
after
25
accounting
for
rebates,
and
excluding
a
covered
person’s
cost
26
sharing.
27
7.
“Pharmacy
benefits
manager”
means
the
same
as
defined
in
28
510C.1.
29
8.
“Prescription
drug
benefit”
means
the
same
as
defined
in
30
section
510C.1.
31
9.
“Rebate”
means
any
of
the
following:
32
a.
A
negotiated
price
concession
for
a
prescription
33
drug
that
may
accrue
directly
or
indirectly
to
a
health
34
carrier
during
a
health
benefit
plan
coverage
year
from
a
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pharmaceutical
manufacturer,
a
dispensing
pharmacy,
or
from
1
another
entity
in
the
prescription
drug
supply
chain
taking
2
part
in
a
transaction
involving
a
pharmaceutical
manufacturer’s
3
prescription
drug
and
which
may
be
based
on
any
of
the
4
following:
5
(1)
A
pharmaceutical
manufacturer’s
list
price
for
a
6
prescription
drug.
7
(2)
Patient
outcomes.
8
(3)
A
reasonable
estimate
of
price
concessions
necessary
9
to
maintain
the
net
price
of
a
prescription
drug
for
the
10
health
carrier
for
a
specified
period
of
time
in
the
event
the
11
pharmaceutical
manufacturer’s
list
price
increases.
12
b.
A
reasonable
estimate
of
fees
and
other
administrative
13
costs
that
are
passed
through
to
the
health
carrier
by
the
14
pharmaceutical
manufacturer.
15
10.
“Trade
secret”
means
the
same
as
defined
in
section
16
550.2.
17
Sec.
9.
NEW
SECTION
.
514M.2
Cost
sharing
——
prescription
18
drug
benefit.
19
1.
If
a
health
carrier
provides
prescription
drug
benefits
20
to
a
covered
person
under
a
health
benefit
plan,
the
health
21
carrier
shall
reduce
any
cost
sharing
requirement
for
a
22
prescription
drug
for
the
covered
person
by
an
amount
equal
to
23
the
greater
of
the
following:
24
a.
A
dollar
amount
that
equals
not
less
than
fifty-one
25
percent
of
the
aggregate
rebates
received
by
the
health
26
carrier.
27
b.
An
amount
that
ensures
that
the
covered
person’s
cost
28
sharing
for
the
prescription
drug
does
not
exceed
fifty-one
29
percent
of
the
health
carrier’s
cost
for
the
prescription
drug.
30
2.
A
health
carrier
or
health
benefit
plan
may
reduce
a
31
covered
person’s
cost
sharing
by
an
amount
greater
than
the
32
amount
required
pursuant
to
subsection
1.
33
3.
In
complying
with
this
section,
a
health
carrier
and
34
the
health
carrier’s
agents
shall
not
publish
or
otherwise
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disclose,
directly
or
indirectly,
any
information
regarding
1
the
actual
amount
of
rebates
the
health
carrier
receives
for
2
a
specific
prescription
drug,
from
a
specific
pharmaceutical
3
manufacturer,
or
from
a
specific
pharmacy.
Rebate
information
4
is
a
trade
secret
under
chapter
550
and
is
a
confidential
5
record
under
section
22.7,
subsection
3.
6
4.
A
health
carrier
shall
have
a
written
agreement
with
7
any
third-party
vendor
or
downstream
entity
requiring
the
8
third-party
vendor
or
downstream
entity
to
comply
with
9
subsection
3
if
the
third-party
vendor
or
downstream
entity
10
receives
or
has
access
to
the
health
carrier’s
rebate
11
information
in
the
course
of
performing
any
health
care
or
12
administrative
services
on
behalf
of
the
health
carrier.
13
Sec.
10.
NEW
SECTION
.
514M.3
Rules.
14
The
commissioner
of
insurance
shall
adopt
rules
pursuant
to
15
chapter
17A
as
necessary
to
administer
this
chapter.
16
Sec.
11.
NEW
SECTION
.
514M.4
Enforcement.
17
The
commissioner
may
take
any
action
within
the
18
commissioner’s
authority
to
enforce
compliance
with
this
19
chapter.
20
Sec.
12.
NEW
SECTION
.
514M.5
Applicability.
21
This
chapter
is
applicable
to
a
health
benefit
plan
that
is
22
delivered,
issued
for
delivery,
continued,
or
renewed
in
this
23
state
on
or
after
January
1,
2020.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
This
bill
relates
to
pharmacy
benefit
managers,
health
28
carriers,
and
the
management
of
prescription
drug
benefits.
29
The
bill
requires
a
pharmacy
benefit
manager
to
submit
30
an
annual
report
to
the
insurance
commissioner
that
provides
31
information
on
prescription
drug
prices
and
rebates
received
by
32
the
pharmacy
benefit
manager.
The
information
is
required
to
33
cover
the
prior
calendar
year
and
encompass
prescription
drug
34
benefits
provided
to
covered
persons
of
each
health
carrier
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with
whom
the
pharmacy
benefit
manager
was
contracted
during
1
that
calendar
year.
“Pharmacy
benefits
manager”
is
defined
2
in
the
bill
as
a
person
who,
pursuant
to
a
contract
or
an
3
employment
relationship
with
a
health
carrier,
either
directly
4
or
through
an
affiliate
or
intermediary,
manages
a
prescription
5
drug
benefit
provided
by
the
health
carrier.
The
bill
defines
6
a
“health
carrier”
as
an
entity
subject
to
the
insurance
laws
7
and
regulations
of
this
state,
or
subject
to
the
jurisdiction
8
of
the
commissioner,
including
an
insurance
company
offering
9
sickness
and
accident
plans,
a
health
maintenance
organization,
10
a
nonprofit
health
service
corporation,
a
plan
established
11
pursuant
to
Code
chapter
509A
for
public
employees,
or
any
12
other
entity
providing
a
plan
of
health
insurance,
health
care
13
benefits,
or
health
care
services.
14
The
commissioner
is
required
to
make
the
information
15
provided
by
the
pharmacy
benefit
managers
available
on
a
16
publicly
accessible
internet
site.
The
bill
prohibits
the
17
pharmacy
benefits
manager
or
the
commissioner
from
providing
18
the
information
in
a
manner
that
identifies
a
specific
19
health
carrier,
a
specific
price
charged
by
a
pharmaceutical
20
manufacturer,
or
the
amount
of
rebates
received
by
a
pharmacy
21
benefit
manager
for
a
specific
drug
or
class
of
drug.
If
22
information
submitted
to
the
commissioner
by
the
pharmacy
23
benefits
manager
does
contain
any
of
these
details,
the
24
information
is
deemed
confidential
and
proprietary
and
is
a
25
confidential
record
pursuant
to
Code
chapter
22.
26
For
each
health
carrier’s
health
benefit
plan
for
which
27
a
pharmacy
benefit
manager
is
contracted
to
manage
the
28
prescription
drug
benefit,
the
bill
requires
the
pharmacy
29
benefit
manager
to
publish
the
formulary
on
an
internet
site
30
that
is
easily
accessible
to
the
public.
The
pharmacy
benefit
31
manager
is
also
required
to
post
any
formulary
changes,
and
a
32
notification
of
any
prescription
drug
that
the
health
carrier,
33
the
health
benefit
plan,
or
the
pharmacy
benefit
manager
34
excludes
from
coverage,
a
minimum
of
90
calendar
days
prior
to
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implementation
of
the
formulary
changes
or
prescription
drug
1
exclusions.
2
The
bill
requires
a
pharmacy
benefit
manager
that
manages
a
3
health
carrier’s
prescription
drug
benefit
to
review
the
health
4
carrier’s
formulary
at
least
annually,
utilizing
an
independent
5
pharmacy
and
therapeutics
committee.
The
requirements
6
for
the
membership
of
the
committee
and
the
duties
of
the
7
committee
are
detailed
in
the
bill.
Information
provided
to
8
or
utilized
by
the
committee
is
confidential
and
proprietary
9
and
is
a
confidential
record
under
Code
chapter
22
and
shall
10
be
recognized
and
protected
as
a
trade
secret
pursuant
to
Code
11
section
22.7,
subsection
3.
12
The
bill
prohibits
a
health
carrier
from
imposing
a
cost
13
sharing
requirement
on
a
covered
person
for
a
prescription
14
drug
that
exceeds
an
amount
equal
to
the
greater
of
either
the
15
dollar
amount
of
51
percent
or
more
of
the
aggregate
rebates
16
received
by
the
health
carrier,
or
an
amount
that
ensures
that
17
the
covered
person’s
cost
sharing
for
the
prescription
drug
18
shall
not
exceed
51
percent
of
the
health
carrier’s
cost
for
19
the
prescription
drug.
“Covered
person”
is
defined
in
the
bill
20
as
a
policyholder,
subscriber,
enrollee,
or
other
individual
21
participating
in
a
health
benefit
plan.
22
A
health
carrier
is
prohibited
from
disclosing
any
23
information
regarding
the
actual
amount
of
rebates
the
health
24
carrier
received
for
a
specific
drug,
or
from
a
specific
25
pharmaceutical
manufacturer,
or
from
a
specific
pharmacy
26
in
order
to
comply
with
the
cost
sharing
requirement.
27
Rebate
information
is
protected
as
a
trade
secret
and
is
a
28
confidential
record.
A
health
carrier
is
also
required
to
have
29
an
agreement
with
the
health
carrier’s
third-party
vendors
and
30
downstream
entities
as
necessary
to
ensure
the
information
is
31
protected
as
a
trade
secret.
32
The
bill
requires
the
commissioner
of
insurance
to
adopt
33
rules
as
necessary
to
administer
the
provisions
of
the
bill.
34
The
bill
also
allows
the
commissioner
to
take
any
action
within
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