HB 1791-FN - AS INTRODUCED

 

 

2018 SESSION

18-2685

01/10

 

HOUSE BILL 1791-FN

 

AN ACT allowing pharmacists to disclose information relative to lower cost drugs under the managed care law.

 

SPONSORS: Rep. Butler, Carr. 7; Rep. Rosenwald, Hills. 30; Rep. Williams, Hills. 4; Rep. Fothergill, Coos 1; Rep. Knirk, Carr. 3

 

COMMITTEE: Commerce and Consumer Affairs

 

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ANALYSIS

 

This bill declares that a contract between an insurance carrier or pharmacy benefit manager and a contracted pharmacy shall not contain a provision prohibiting the pharmacist from providing certain information to an insured.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2685

01/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT allowing pharmacists to disclose information relative to lower cost drugs under the managed care law.

 

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

 

1  New Paragraph; Managed Care Law; Provider Contract Standards.  Amend RSA 420-J:8 by inserting after paragraph XV the following new paragraph:

XVI.(a)  On or after January 1, 2019, no contract between an insurance carrier or pharmacy benefit manager and a contracted pharmacy shall contain a provision prohibiting or penalizing, including through increased utilization review, reduced payments or other financial disincentives, a pharmacist's disclosure to an individual purchasing prescription medication relative to information regarding (1) the cost of the prescription medication to the individual, or (2) the availability of any therapeutically equivalent alternative medications or alternative methods of purchasing the prescription medication, including, but not limited to, paying a cash price, that are less expensive than the cost of the prescription medication to the individual.

(b)  Any provision of a contract that violates the provisions of this paragraph shall be void and unenforceable.  Any general business practice of an insurer that violates the provisions of this paragraph shall constitute an unfair insurance trade practice under RSA 417.  The invalidity or unenforceability of any contract provision under this subparagraph shall not affect any other provision of the contract.

2  Effective Date.  This act shall take effect January 1, 2019.

 

LBAO

18-2685

12/5/17

 

HB 1791-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT allowing pharmacists to disclose information relative to lower cost drugs under the managed care law.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2019

FY 2020

FY 2021

FY 2022

   Appropriation

$0

$0

$0

$0

   Revenue

Indeterminable

Indeterminable

Indeterminable

Indeterminable

   Expenditures

Indeterminable

Indeterminable

Indeterminable

Indeterminable

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

COUNTY:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable

Indeterminable

Indeterminable

Indeterminable

 

LOCAL:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable

Indeterminable

Indeterminable

Indeterminable

 

METHODOLOGY:

The bill prohibits contracts between insurance carriers and pharmacies from containing provisions that would prohibit the pharmacy from providing information to consumers regarding (1) the cost of the prescription medication to the individual, or (2) the availability of alternative medications or alternative methods of purchasing the same medication.  The Department of Health and Human Services states the bill is unlikely to have a significant impact on state Medicaid expenditures.  The Insurance Department states it has no knowledge regarding the prevalence of such provisions in existing contracts, therefore it is unable to determine the extent of any impact on insurance pricing.  As result, the Department can not predict the impact on county or local expenditures or premium tax revenues.

 

The Department of Administrative Services states this bill will not impact the State Employee and Retiree Health Benefit Plan as it is a governmental self-insured plan and not governed by managed care law.

 

AGENCIES CONTACTED:

Department of Health and Human Services, Insurance Department, and Department of Administrative Services