Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. CS for SB 860
       
       
       
       
       
       
                                Ì9552928Î955292                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/31/2015           .                                
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       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.