Florida Senate - 2018 SB 1494 By Senator Montford 3-00778D-18 20181494__ 1 A bill to be entitled 2 An act relating to prescription drug pricing 3 transparency; amending s. 465.0244, F.S.; requiring a 4 pharmacist to inform a customer of a lower cost 5 alternative to a prescription and of whether the 6 customer’s cost-sharing obligation exceeds the retail 7 price of the prescription; creating s. 624.49, F.S.; 8 defining the term “pharmacy benefit manager”; 9 requiring a pharmacy benefit manager to register with 10 the Office of Insurance Regulation; providing 11 requirements and terms of registration, including the 12 payment of a registration fee; requiring the office to 13 issue certificates of registration and to set an 14 initial registration fee and a renewal fee; requiring 15 the office to adopt rules; creating ss. 627.64741 and 16 641.314, F.S.; defining the terms “maximum allowable 17 cost” and “pharmacy benefit manager”; requiring that 18 certain terms be included in a contract between a 19 health insurer or a health maintenance organization 20 and a pharmacy benefit manager, respectively; 21 providing applicability; providing an effective date. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25 Section 1. Section 465.0244, Florida Statutes, is amended 26 to read: 27 465.0244 Information disclosure.— 28 (1) Every pharmacy shall make available on its website a 29 hyperlink to the health information that is disseminated by the 30 Agency for Health Care Administration pursuant to s. 408.05(3) 31 and shall place in the area where customers receive filled 32 prescriptions a notice that such information is available 33 electronically and the address of itsInternetwebsite. 34 (2) In addition to the requirements of s. 465.025, a 35 pharmacist must inform a customer of a lower cost alternative 36 for his or her prescription and of whether the customer’s cost 37 sharing obligation exceeds the retail price of the prescription 38 in the absence of prescription drug coverage. 39 Section 2. Section 624.49, Florida Statutes, is created to 40 read: 41 624.49 Registration of pharmacy benefit managers.— 42 (1) As used in this section, “pharmacy benefit manager” 43 means a person or entity doing business in this state which 44 contracts to administer prescription drug benefits on behalf of 45 a health insurer or a health maintenance organization. 46 (2) To conduct business in this state, a pharmacy benefit 47 manager must register with the Office of Insurance Regulation. 48 To register, a pharmacy benefit manager must submit a fee 49 determined by the office, a copy of the registrant’s corporate 50 charter, articles of incorporation, or other charter document, 51 and a form established by the office containing the identity, 52 address, and either the social security number or taxpayer 53 identification number of all of the following persons: 54 (a) The registrant; 55 (b) The chief executive officer or a similarly titled 56 person responsible for the executive oversight of the 57 registrant; 58 (c) The chief financial officer or a similarly titled 59 person responsible for the financial oversight of the 60 registrant; and 61 (d) Each controlling interest of the registrant. For the 62 purpose of this section, “controlling interest” means a person 63 or entity that serves as an officer of, is on the board of 64 directors of, or has a 10 percent or greater ownership interest 65 in the registrant. 66 (3) The registrant shall report a change in any controlling 67 interest of the registrant to the office in writing within 30 68 days after the change. 69 (4) Upon receipt of a complete registration form and the 70 registration fee, the office shall issue a registration 71 certificate. The certificate may be in paper or electronic form, 72 and must clearly indicate the expiration date of the 73 registration. Registration certificates are nontransferable. 74 (5)(a) The term of registration shall be 2 years from the 75 date of issuance. 76 (b) The office shall set an initial registration fee and a 77 renewal fee, which are nonrefundable. Total fees may not exceed 78 the cost of administering this section. 79 (6) The office shall adopt rules necessary to administer 80 this section. 81 Section 3. Section 627.64741, Florida Statutes, is created 82 to read: 83 627.64741 Pharmacy benefit manager contracts.— 84 (1) As used in this section, the term: 85 (a) “Maximum allowable cost” means the per-unit amount that 86 a pharmacy benefit manager may reimburse a pharmacist for a 87 prescription drug, excluding dispensing fees, before the 88 application of copayments, coinsurance, or any other cost 89 sharing charges. 90 (b) “Pharmacy benefit manager” means a person or entity 91 doing business in this state which contracts to administer or 92 manage prescription drug benefits on behalf of a health insurer 93 to residents of this state. 94 (2) A contract between a health insurer and a pharmacy 95 benefit manager must include requirements that the pharmacy 96 benefit manager: 97 (a) Update maximum allowable cost information at least 98 every 7 calendar days; and 99 (b) Maintain a process that will, in a timely manner, 100 eliminate drugs from maximum allowable cost lists or modify drug 101 prices to remain consistent with changes in pricing data used in 102 formulating maximum allowable costs and product availability. 103 (3) A contract between a health insurer and a pharmacy 104 benefit manager must prohibit the pharmacy benefit manager from 105 limiting a pharmacy’s or pharmacist’s ability to substitute a 106 less expensive, generically equivalent drug product for a brand 107 name drug, pursuant to s. 465.025, or to disclose to a 108 subscriber whether the subscriber’s cost-sharing obligation 109 exceeds the retail price for a covered prescription drug, and 110 the availability of a more affordable alternative drug, pursuant 111 to s. 465.0244. 112 (4) A contract between a health insurer and a pharmacy 113 benefit manager must prohibit the pharmacy benefit manager from 114 requiring a subscriber to pay for a prescription drug at the 115 point of sale in an amount greater than the lesser of: 116 (a) The applicable cost-sharing amount; 117 (b) The allowable claim amount for the prescription drug; 118 and 119 (c) The retail price of the drug in the absence of 120 prescription drug coverage or programs that otherwise reduce the 121 cost of a drug to the patient. 122 (5) This section applies to contracts entered into or 123 renewed on or after July 1, 2018. 124 Section 4. Section 641.314, Florida Statutes, is created to 125 read: 126 641.314 Pharmacy benefit manager contracts.— 127 (1) As used in this section, the term: 128 (a) “Maximum allowable cost” means the per-unit amount that 129 a pharmacy benefit manager reimburses a pharmacist for a 130 prescription drug, excluding dispensing fees, before the 131 application of copayments, coinsurance, or any other cost 132 sharing charges. 133 (b) “Pharmacy benefit manager” means a person or entity 134 doing business in this state which contracts to administer or 135 manage prescription drug benefits on behalf of a health 136 maintenance organization to residents of this state. 137 (2) A contract between a health maintenance organization 138 and a pharmacy benefit manager must include requirements that 139 the pharmacy benefit manager: 140 (a) Update maximum allowable cost information at least 141 every 7 calendar days; and 142 (b) Maintain a process that will, in a timely manner, 143 eliminate drugs from maximum allowable cost lists or modify drug 144 prices to remain consistent with changes in pricing data used in 145 formulating maximum allowable costs and product availability. 146 (3) A contract between a health maintenance organization 147 and a pharmacy benefit manager must prohibit the pharmacy 148 benefit manager from limiting a pharmacy’s or pharmacist’s 149 ability to substitute a less expensive, generically equivalent 150 drug product for a brand name drug, pursuant to s. 465.025, or 151 to disclose to a subscriber whether the subscriber’s cost 152 sharing obligation exceeds the retail price for a covered 153 prescription drug, and the availability of a more affordable 154 alternative drug, pursuant to s. 465.0244. 155 (4) A contract between a health maintenance organization 156 and a pharmacy benefit manager must prohibit the pharmacy 157 benefit manager from requiring a subscriber to pay for a 158 prescription drug at the point of sale in an amount greater than 159 the lesser of: 160 (a) The applicable cost-sharing amount; 161 (b) The allowable claim amount for the prescription drug; 162 and 163 (c) The retail price of the drug in the absence of 164 prescription drug coverage or programs that otherwise reduce the 165 cost of a drug to the patient. 166 (5) This section applies to contracts entered into or 167 renewed on or after July 1, 2018. 168 Section 5. This act shall take effect July 1, 2018.