Bill Text: NH SB560 | 2024 | Regular Session | Amended


Bill Title: Relative to establishing a committee to study the impact of pharmacy benefit manager operations on cost, administration, and distribution of prescription drugs.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Engrossed) 2024-04-24 - Executive Session: 05/01/2024 10:00 am Legislative Office Building 210-211 [SB560 Detail]

Download: New_Hampshire-2024-SB560-Amended.html

SB 560 - AS AMENDED BY THE SENATE

 

03/07/2024   0834s

2024 SESSION

24-3121

05/02

 

SENATE BILL 560

 

AN ACT relative to establishing a committee to study the impact of pharmacy benefit manager operations on cost, administration, and distribution of prescription drugs.

 

SPONSORS: Sen. Chandley, Dist 11; Sen. Soucy, Dist 18; Sen. Whitley, Dist 15; Sen. Rosenwald, Dist 13; Rep. Merchant, Sull. 6; Rep. Rochefort, Graf. 1

 

COMMITTEE: Health and Human Services

 

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ANALYSIS

 

This bill establishes a committee to study the impact of pharmacy benefit manager operations on cost, administration, and distribution of prescription drugs.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/07/2024   0834s 24-3121

05/02

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Four

 

AN ACT relative to establishing a committee to study the impact of pharmacy benefit manager operations on cost, administration, and distribution of prescription drugs.

 

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

 

1  Committee Established.  There is established a committee to study the impact of pharmacy benefit manager operations on cost, administration, and distribution of prescription drugs.

2  Membership and Compensation.

I.  The members of the committee shall be as follows:

(a)  One member of the senate, appointed by the president of the senate.

(b)  Three members of the house of representatives, appointed by the speaker of the house of representatives.

II.  Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

3  Duties.  

I.  The committee shall study the role pharmacy benefit managers (PBM) play in the cost, administration, and distribution of prescription drugs.  The committee's study shall include, but not be limited to:

(a)  The effects of PBMs on the overall costs of health insurers.

(b)  The purported savings PBMs tout to consumers, insurers, and New Hampshire Medicaid.

(c)  PBMs use of clawbacks and the impact on consumer costs and rebates.

(d)  PBMs steering to self-owned mail order pharmacies and the impact on costs and accessibility.

(e)  The impact of PBMs with respect to retail pharmacy pricing decisions.

(f)  A review of appropriate PBM oversight and the potential for such oversight to aid in lowering drug costs to consumers.

(g)  A review of the accessibility that pharmacies and consumers have to PBM supervisors to address contractual discrepancies.

(h)  Plan design and its impact on consumer prices and applicability of deductibles.

(i)  Whether the formulary tactics used by PBMs constitute the practice of medicine.

II.  The committee may solicit information and testimony from any individual or entity with experience or expertise the committee deems relevant to its study.

4  Chairperson; Quorum.  The members of the study committee shall elect a chairperson from among the members.  The first meeting of the committee shall be called by the senate member.  The first meeting of the committee shall be held within 45 days of the effective date of this section.  Three members of the committee shall constitute a quorum.

5  Report.  The committee shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2024.

6  Effective Date.  This act shall take effect upon its passage.

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