Florida Senate - 2009 SENATOR AMENDMENT Bill No. CS/HB 1471, 2nd Eng. Barcode 140970 LEGISLATIVE ACTION Senate . House . . . Floor: 2/WD/3R . 04/30/2009 03:06 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Lawson moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 296 - 322 4 and insert: 5 Section 5. Purchasing and repackaging of pharmaceuticals; 6 studies and reports.— 7 (1) The Office of Program Policy Analysis and Government 8 Accountability shall evaluate and submit a report to the 9 Legislature by October 31, 2009, containing recommendations for 10 the statewide consolidation of pharmaceutical repackaging 11 services, including an evaluation of the value to the state of 12 all potential credits, rebates, and cost avoidances that may be 13 realized through repackaging for the Department of Corrections, 14 the Department of Juvenile Justice, the Agency for Persons with 15 Disabilities, the Department of Children and Family Services, 16 and the Department of Health. The Office of Program Policy 17 Analysis and Government Accountability shall also include in its 18 report an analysis of verifiable annual utilization rates for 19 the dispensing of pharmaceuticals for fiscal years 2004-2005 20 through 2008-2009 by each of the five agencies that would 21 participate in a consolidated repackaging services program and 22 the approximate daily output capabilities that would be required 23 to meet the projected average daily utilization rate, as 24 adjusted for future growth projections over the next 3 years for 25 the five agencies. The report shall include an assessment of the 26 projected capitalized cost of leases and equipment and the fully 27 burdened labor rate, projected FTE requirements, and associated 28 operating costs needed by the Department of Health to meet the 29 projected daily utilization requirements for statewide 30 consolidated repackaging services and, if applicable, any cost 31 avoidances or credits that would apply or not apply, as well as 32 any federal regulatory requirements, including any inspection 33 and certification requirements by the United States Food and 34 Drug Administration. 35 (2) The Office of Program Policy Analysis and Government 36 Accountability shall evaluate and submit a report to the 37 Legislature by October 31, 2009, containing recommendations 38 concerning options for implementing a statewide consolidated 39 program for purchasing pharmaceuticals under an adopted 40 formulary to be used by the Department of Corrections, the 41 Department of Juvenile Justice, the Agency for Persons with 42 Disabilities, the Department of Children and Family Services, 43 and the Department of Health and the feasibility of the state 44 obtaining discounts below both wholesale acquisition cost and 45 the Minnesota Multistate Contracting Alliance for Pharmacy 46 prices for the pharmaceuticals listed on the adopted formulary, 47 including the availability and regulatory prerequisites for 48 obtaining 340b pricing under the federal Medicare program. 49 (3) The Department of Health shall study the feasibility of 50 consolidating drug repackaging services through the Department 51 of Health’s central pharmacy and compare that with the costs and 52 benefits of contracting out for such services to a private 53 pharmaceutical repackager licensed by the United States Food and 54 Drug Administration, with preference given to vendors with 55 Florida-based manufacturing operations that will promote the 56 creation and maintenance of jobs in the state. The department 57 shall be prohibited from contracting with any other agency to 58 provide pharmaceutical repackaging services until the results of 59 the Office of Program Policy Analysis and Government 60 Accountability study are reported to the Legislature and the 61 department has submitted a plan for consolidating pharmaceutical 62 repackaging services for the Department of Corrections, the 63 Department of Juvenile Justice, the Agency for Persons with 64 Disabilities, the Department of Children and Family Services, 65 and the Department of Health, consistent with the 66 recommendations of the Office of Program Policy Analysis and 67 Government Accountability and the Pharmacy and Therapeutic 68 Advisory Council. The plan shall be submitted to the Legislature 69 by January 31, 2010. 70 71 ================= T I T L E A M E N D M E N T ================ 72 And the title is amended as follows: 73 Delete lines 24 - 29 74 and insert: 75 requiring the Office of Program Policy Analysis and Government 76 Accountability to evaluate and submit reports to the Legislature 77 regarding consolidation of pharmaceutical repackaging services 78 and implementation of a statewide consolidated pharmaceutical 79 purchasing program; requiring the Department of Health to 80 conduct a study; prohibiting the department from entering into 81 certain contracts until the results of the Office of Program 82 Policy Analysis and Government Accountability report are 83 submitted to the Legislature and the department has submitted a 84 plan to the Legislature for consolidation of pharmaceutical 85 repackaging services; transferring, renumbering, and amending s.