Florida Senate - 2015 COMMITTEE AMENDMENT Bill No. CS for SB 860 Ì9552928Î955292 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/31/2015 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Health Policy (Garcia) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 465.1862, Florida Statutes, is created 6 to read: 7 465.1862 Pharmacy benefit managers.— 8 (1) As used in this section, the term: 9 (a) “Maximum allowable cost” means the upper limit or 10 maximum amount that a health insurance plan will pay for generic 11 prescription drugs or brand name prescription drugs that have 12 available generic versions which are included on a list of 13 products generated by the pharmacy benefit manager. 14 (b) “Pharmacy benefit manager” means a person or entity 15 doing business in this state which contracts to administer or 16 manage prescription drug benefits on behalf of a health 17 insurance plan that provides prescription drug benefits to 18 residents of this state. 19 (c) “Health insurance plan” has the same meaning as the 20 term “health insurance” as defined in s. 627.6482(6). 21 (2) In each contract between a pharmacy benefit manager and 22 a pharmacy, the pharmacy shall have the right to obtain from the 23 pharmacy benefit manager a current list of the sources used to 24 determine the maximum allowable cost pricing. The pharmacy 25 benefit manager must: 26 (a) Update the maximum allowable cost pricing information 27 at least every 7 business days and provide a means by which a 28 contracted pharmacy may promptly review current pricing 29 information in an electronic, print, or telephonic format that 30 is readily available to a contracted pharmacy within 1 business 31 day after the pricing information is updated at no cost to the 32 contracted pharmacy. 33 (b) Maintain a procedure to eliminate products from the 34 list of products subject to maximum allowable cost pricing in a 35 timely manner in order to remain consistent with changes in the 36 marketplace. 37 (3) To place a prescription drug on a list of products, a 38 pharmacy benefit manager must ensure that the prescription drug 39 is generally available for purchase by pharmacies in this state 40 from a national or regional wholesaler and is not obsolete. 41 (4)(a) Each contract between a pharmacy benefit manager and 42 a pharmacy must include a process for appeal, investigation, and 43 resolution of disputes regarding maximum allowable cost pricing. 44 The process must: 45 1. Limit the right to appeal to 30 calendar days after the 46 initial claim. 47 2. Require investigation and resolution by the pharmacy 48 benefit manager of a dispute within 7 business days after an 49 appeal is received by the pharmacy benefit manager. 50 3. Include a telephone number at which a contracted 51 pharmacy may contact the pharmacy benefit manager regarding an 52 appeal. 53 4. Require that the pharmacy benefit manager provide a 54 reason for a denial of an appeal and identify the National Drug 55 Code of a prescription drug that may be purchased by the 56 contracted pharmacy at a price at or below the maximum allowable 57 cost as determined by the pharmacy benefit manager. 58 (b) If an appeal is upheld, the pharmacy benefit manager 59 shall make an adjustment to the maximum allowable cost pricing 60 within 1 business day after the date the appeal is upheld. The 61 pharmacy benefit manager shall make the price adjustment 62 applicable to all similarly situated contracted pharmacies. 63 Section 2. This act shall take effect July 1, 2015. 64 65 ================= T I T L E A M E N D M E N T ================ 66 And the title is amended as follows: 67 Delete everything before the enacting clause 68 and insert: 69 A bill to be entitled 70 An act relating to pharmacy; creating s. 465.1862, 71 F.S.; defining terms; requiring a pharmacy in a 72 contract between a pharmacy benefit manager and the 73 pharmacy to have the right to obtain from the manager 74 a list of sources used to determine maximum allowable 75 cost pricing; requiring a pharmacy benefit manager to 76 periodically update maximum allowable cost pricing 77 information and to provide a means for pharmacies to 78 review such information within a specified time; 79 requiring a pharmacy benefit manager to maintain a 80 procedure to eliminate certain products from the list 81 of products subject to maximum allowable cost pricing; 82 specifying requirements for a pharmacy benefit manager 83 to place a prescription drug on a list of products; 84 requiring contracts between a pharmacy benefit manager 85 and a pharmacy to include a specified process for 86 appeal; requiring a pharmacy benefit manager to make 87 adjustments to the maximum allowable cost price within 88 a specified period if an appeal is upheld; providing 89 an effective date.