HB 0361 2003
1	A bill to be entitled
2	An act relating to the Florida Medicaid program; amending
3	s. 409.9066, F.S.; requiring certain drug manufacturers to
4	disclose average wholesale prices of drugs provided
5	through the program; requiring the Agency for Health Care
6	Administration to publish such information on a website;
7	providing an effective date.
8
9	Be It Enacted by the Legislature of the State of Florida:
10
11	Section 1. Section 409.9066, Florida Statutes, is amended
12	to read:
13	409.9066 Medicare prescription discount program.--
14	(1) As a condition of participation in the Florida
15	Medicaid program or the pharmaceutical expense assistance
16	program, a pharmacy must agree to charge any individual who is a
17	Medicare beneficiary and who is a Florida resident showing a
18	Medicare card when he or she presents a prescription, a price no
19	greater than the cost of ingredients equal to the average
20	wholesale price minus 9 percent, and a dispensing fee of $4.50.
21	(2) In lieu of the provisions of subsection (1), and as a
22	condition of participation in the Florida Medicaid program or
23	the pharmaceutical expense assistance program, a pharmacy must
24	agree to:
25	(a) Provide a private voluntary prescription discount
26	program to state residents who are Medicare beneficiaries; or
27	(b) Accept a private voluntary discount prescription
28	program from state residents who are Medicare beneficiaries.
29
30	Discounts under this subsection must be at least as great as
31	discounts under subsection (1).
32	(3) As a condition of participation in the Florida
33	Medicaid program or the pharmaceutical expense assistance
34	program, a drug manufacturer must disclose the average wholesale
35	price of all prescription drugs eligible for sale pursuant to
36	subsection (1). The drug manufacturer shall disclose the average
37	wholesale price by providing such information no later than once
38	every 6 months to the Agency for Health Care Administration,
39	which shall publish the information on a free website available
40	to the public.
41	Section 2. This act shall take effect July 1, 2003.
42