Mississippi House Bill 1708 (Prior Session Legislation)

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Completed Legislative Action
Spectrum: Partisan Bill (Republican 1-0)
Status: Failed on March 5 2024 - 100% progression
Action: 2024-03-05 - Died In Committee
Text: Latest bill text (Introduced) [HTML]

An Act To Amend Section 25-15-301, Mississippi Code Of 1972, To Make Certain Revisions Related To The State And School Employees Health Insurance Management Board; To Provide That When A Proposal Is Under The Board's Evaluation For Pharmacy Benefits Or The Management Thereof, The Executive Director Of The Mississippi Board Of Pharmacy Shall Be One Of The Members Of The Evaluation Committee Of The Board; To Amend Section 25-15-303, Mississippi Code Of 1972, To Include The Executive Director Of The Board Of Pharmacy As A Member Of The Management Board; To Create New Section 25-15-305, Mississippi Code Of 1972, To Provide Certain Definitions Related To The Act, Including The Definitions Of Clean Claims, Pharmacy Benefit Plan, Pharmacy Benefit Management Plan, And Rebate; To Provide That The Act Shall Only Apply To The Pharmacy Benefit Manager And Its Affiliate That Administer The State And School Employees' Health Insurance Plan; To Create New Section 25-15-307, Mississippi Code Of 1972, To Provide That A Pharmacy Benefit Manager Shall Not Reimburse A Pharmacy Or Pharmacist For A Prescription Drug Or Pharmacist Service In A Net Amount Less Than The National Average Drug Acquisition Cost For The Prescription Drug Or Pharmacist Service In Effect At The Time That The Drug Or Service Is Administered Or Dispensed, Plus A Professional Dispensing Fee At Least Equal To The Professional Dispensing Fee Paid By The Mississippi Division Of Medicaid For Outpatient Drugs; To Prohibit Pharmacy Benefit Managers From Charging A Plan Sponsor More For A Prescription Drug Than The Net Amount It Pays A Pharmacy For The Prescription Drug; To Require Pharmacy Benefit Managers To Pay Clean Claims Within A Certain Time Constraint; To Provide Certain Exceptions From This Time Constraint; To Provide That If The Board Finds That Any Pharmacy Benefit Manager, Agent Or Other Party Responsible For Reimbursement For Prescription Drugs And Other Products Has Not Paid Ninety-five Percent Of Clean Claims Received From All Pharmacies In A Calendar Quarter, He Shall Be Subject To Administrative Penalty Of Not More Than $25,000.00 To Be Assessed By The Board; To Authorize The Board To Adopt Rules And Regulations Necessary To Ensure Compliance With This Act; To Authorize A Network Pharmacy Or Pharmacist To Decline To Provide A Brand Name Drug, Multisource Generic Drug, Or Service, If The Network Pharmacy Or Pharmacist Is Paid Less Than That Network Pharmacy's Cost For The Prescription; To Create New Section 25-15-309, Mississippi Code Of 1972, To Set Certain Requirements Related To Pharmacy Benefit Managers, Including That The Pharmacy Benefit Manager Must Provide A Reasonable Administrative Appeal Procedure; To Authorize The Board To Audit Pharmacy Benefit Managers; To Require A Pharmacy Benefit Manager To Reimburse A Pharmacy Or Pharmacist An Amount Less Than The Amount That The Pharmacy Benefit Manager Reimburses A Pharmacy Benefit Manager Affiliate For Providing The Same Pharmacist Services; To Create New Section 25-15-311, Mississippi Code Of 1972, To Require Pharmacy Benefit Managers To Obtain A License From The Board Of Pharmacy; To Create New Section 25-15-313, Mississippi Code Of 1972, To Require Pharmacy Benefit Managers To Pass On To The State Health Insurance Plan One Hundred Percent Of All Rebates And Other Payments That It Receives Directly Or Indirectly From Pharmaceutical Manufacturers In Connection With Claims Or Plan Administration On Behalf Of The Plan; To Prohibit A Pharmacy Benefit Manager Or Third-party Payor From Charging Or Causing A Patient To Pay A Copayment That Exceeds The Total Reimbursement Paid By The Pharmacy Benefit Manager To The Pharmacy; To Create New Section 25-15-315, Mississippi Code Of 1972, To Prohibit A Pharmacy, Pharmacy Benefit Manager, Or Pharmacy Benefit Manager Affiliate From Taking Certain Actions, Including Making Referrals Or Interfering With A Patient's Right To Choose Their Pharmacy; To Create New Section 25-15-317, Mississippi Code Of 1972, To Prohibit Pharmacy Benefit Managers From Retaliating Against A Pharmacist Or Pharmacy Based On The Pharmacist's Or Pharmacy's Exercise Of Any Right Or Remedy Under This Act; To Create New Section 25-15-319, Mississippi Code Of 1972, To Authorize The Board To Bring An Action Against A Pharmacy Benefit Manager Or Pharmacy Benefit Manager Affiliate To Restrain By Temporary Or Permanent Injunction The Use Of Any Method That Is Prohibited By This Act; To Authorize The Board To Impose A Monetary Penalty On Any Pharmacy Benefit Manager Found To Be In Noncompliance; To Create New Section 25-15-321, Mississippi Code Of 1972, To Provide That On The Request By Any Agency Of The State Of Mississippi, Or Any Political Subdivision Of The State Or Any Other Public Entity, A Pharmacy Benefit Manager Shall Deliver Or Otherwise Make Available To The Requesting Agency Or Entity, In Its Entirety And With No Redaction, Any Third Party Aggregator Contracts Or Contracts Relating To Pharmacy Benefit Manager Services; To Provide That Any Entity That Does Not Comply With This Section Shall Be Barred For Five Years From Doing Business In The State; To Bring Forward Sections 73-21-73, 73-21-83, 73-21-91, 73-21-153, 73-21-155, 73-21-156, 73-21-157, 73-21-159, 73-21-161, 73-21-163, 73-21-177, 73-21-179, 73-21-181, 73-21-183, 73-21-185, 73-21-187, 73-21-189, 73-21-191, 73-21-201, 73-21-203, 73-21-205, 83-9-6, 83-9-6.1, 83-9-6.2, Mississippi Code Of 1972, For The Purpose Of Possible Amendment; And For Related Purposes.

Pharmacy Benefit Managers; provide rules for those who administer the State Health Plan.

Rep. Jerry Turner [R]

Date	Chamber	Action
2024-03-05	House	Died In Committee
2024-02-19	House	Referred To Drug Policy

Chapter	Article	Section	Citation Type	Statute Text
25	15	301	Amended Code	See Bill Text
25	15	303	Amended Code	See Bill Text
73	21	153	New Code	See Bill Text
73	21	155	New Code	See Bill Text
73	21	156	New Code	See Bill Text
73	21	157	New Code	See Bill Text
73	21	159	New Code	See Bill Text
73	21	161	New Code	See Bill Text
73	21	163	New Code	See Bill Text
73	21	177	New Code	See Bill Text
73	21	179	New Code	See Bill Text
73	21	181	New Code	See Bill Text
73	21	183	New Code	See Bill Text
73	21	185	New Code	See Bill Text
73	21	187	New Code	See Bill Text
73	21	189	New Code	See Bill Text
73	21	191	New Code	See Bill Text
73	21	201	New Code	See Bill Text
73	21	203	New Code	See Bill Text
73	21	205	New Code	See Bill Text
73	21	73	New Code	See Bill Text
73	21	83	New Code	See Bill Text
73	21	91	New Code	See Bill Text
83	9	6	New Code	See Bill Text

Type	Source
Summary	https://billstatus.ls.state.ms.us/2024/pdf/history/HB/HB1708.xml
Text	https://billstatus.ls.state.ms.us/documents/2024/html/HB/1700-1799/HB1708IN.htm