HB 0361 2003
1	CHAMBER ACTION
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6	The Committee on Health Care recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to the Florida Medicaid program; amending
12	s. 409.9066, F.S.; requiring the Agency for Health Care
13	Administration to publish on a website the average
14	wholesale prices of certain drugs; requiring additional
15	information; requiring a report to the Legislature on
16	methods of pricing pharmaceutical products; providing an
17	effective date.
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19	Be It Enacted by the Legislature of the State of Florida:
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21	Section 1. Subsection (3) is added to section 409.9066,
22	Florida Statutes, to read:
23	409.9066 Medicare prescription discount program.--
24	(1) As a condition of participation in the Florida
25	Medicaid program or the pharmaceutical expense assistance
26	program, a pharmacy must agree to charge any individual who is a
27	Medicare beneficiary and who is a Florida resident showing a
28	Medicare card when he or she presents a prescription, a price no
29	greater than the cost of ingredients equal to the average
30	wholesale price minus 9 percent, and a dispensing fee of $4.50.
31	(2) In lieu of the provisions of subsection (1), and as a
32	condition of participation in the Florida Medicaid program or
33	the pharmaceutical expense assistance program, a pharmacy must
34	agree to:
35	(a) Provide a private voluntary prescription discount
36	program to state residents who are Medicare beneficiaries; or
37	(b) Accept a private voluntary discount prescription
38	program from state residents who are Medicare beneficiaries.
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40	Discounts under this subsection must be at least as great as
41	discounts under subsection (1).
42	(3) The Agency for Health Care Administration shall
43	publish, on an Internet website available free to the public,
44	the most recent average wholesale prices for the 200 drugs most
45	frequently dispensed to the elderly and, to the extent possible,
46	shall provide a mechanism that consumers may use to calculate
47	the retail price that should be paid after the discount required
48	in subsection (1) is applied.
49	Section 2. By January 1, 2004, the Agency for Health Care
50	Administration shall submit to the Speaker of the House of
51	Representatives and the President of the Senate a report
52	regarding the cost-effectiveness of, and alternatives to, using
53	the average wholesale price in the pricing of pharmaceutical
54	products purchased by the Medicaid program.
55	Section 3. This act shall take effect July 1, 2003.
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