Florida Senate - 2015 CS for CS for SB 860 By the Committees on Health Policy; and Banking and Insurance; and Senator Garcia 588-03203-15 2015860c2 1 A bill to be entitled 2 An act relating to pharmacy; creating s. 465.1862, 3 F.S.; defining terms; requiring a pharmacy in a 4 contract between a pharmacy benefit manager and the 5 pharmacy to have the right to obtain from the manager 6 a list of sources used to determine maximum allowable 7 cost pricing; requiring a pharmacy benefit manager to 8 periodically update maximum allowable cost pricing 9 information and to provide a means for pharmacies to 10 review such information within a specified time; 11 requiring a pharmacy benefit manager to maintain a 12 procedure to eliminate certain products from the list 13 of products subject to maximum allowable cost pricing; 14 specifying requirements for a pharmacy benefit manager 15 to place a prescription drug on a list of products; 16 requiring contracts between a pharmacy benefit manager 17 and a pharmacy to include a specified process for 18 appeal; requiring a pharmacy benefit manager to make 19 adjustments to the maximum allowable cost price within 20 a specified period if an appeal is upheld; providing 21 an effective date. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25 Section 1. Section 1. Section 465.1862, Florida Statutes, 26 is created to read: 27 465.1862 Pharmacy benefit managers.— 28 (1) As used in this section, the term: 29 (a) “Maximum allowable cost” means the upper limit or 30 maximum amount that a health insurance plan will pay for generic 31 prescription drugs or brand name prescription drugs that have 32 available generic versions which are included on a list of 33 products generated by the pharmacy benefit manager. 34 (b) “Pharmacy benefit manager” means a person or entity 35 doing business in this state which contracts to administer or 36 manage prescription drug benefits on behalf of a health 37 insurance plan that provides prescription drug benefits to 38 residents of this state. 39 (c) “Health insurance plan” has the same meaning as the 40 term “health insurance” as defined in s. 627.6482(6). 41 (2) In each contract between a pharmacy benefit manager and 42 a pharmacy, the pharmacy shall have the right to obtain from the 43 pharmacy benefit manager a current list of the sources used to 44 determine the maximum allowable cost pricing. The pharmacy 45 benefit manager must: 46 (a) Update the maximum allowable cost pricing information 47 at least every 7 business days and provide a means by which a 48 contracted pharmacy may promptly review current pricing 49 information in an electronic, print, or telephonic format that 50 is readily available to a contracted pharmacy within 1 business 51 day after the pricing information is updated at no cost to the 52 contracted pharmacy. 53 (b) Maintain a procedure to eliminate products from the 54 list of products subject to maximum allowable cost pricing in a 55 timely manner in order to remain consistent with changes in the 56 marketplace. 57 (3) To place a prescription drug on a list of products, a 58 pharmacy benefit manager must ensure that the prescription drug 59 is generally available for purchase by pharmacies in this state 60 from a national or regional wholesaler and is not obsolete. 61 (4)(a) Each contract between a pharmacy benefit manager and 62 a pharmacy must include a process for appeal, investigation, and 63 resolution of disputes regarding maximum allowable cost pricing. 64 The process must: 65 1. Limit the right to appeal to 30 calendar days after the 66 initial claim. 67 2. Require investigation and resolution by the pharmacy 68 benefit manager of a dispute within 7 business days after an 69 appeal is received by the pharmacy benefit manager. 70 3. Include a telephone number at which a contracted 71 pharmacy may contact the pharmacy benefit manager regarding an 72 appeal. 73 4. Require that the pharmacy benefit manager provide a 74 reason for a denial of an appeal and identify the National Drug 75 Code of a prescription drug that may be purchased by the 76 contracted pharmacy at a price at or below the maximum allowable 77 cost as determined by the pharmacy benefit manager. 78 (b) If an appeal is upheld, the pharmacy benefit manager 79 shall make an adjustment to the maximum allowable cost pricing 80 within 1 business day after the date the appeal is upheld. The 81 pharmacy benefit manager shall make the price adjustment 82 applicable to all similarly situated contracted pharmacies. 83 Section 2. This act shall take effect July 1, 2015.