Florida Senate - 2025                                    SB 1064
       
       
        
       By Senator Collins
       
       
       
       
       
       14-00922A-25                                          20251064__
    1                        A bill to be entitled                      
    2         An act relating to Medicaid pharmacy discounted drug
    3         prices; requiring the Agency for Health Care
    4         Administration to conduct or contract for a detailed
    5         fiscal impact study on implementing specified
    6         provisions relating to discounted drug prices under
    7         the 340B Drug Pricing Program; requiring that the
    8         study be completed and its results submitted to the
    9         Governor and the Legislature by a specified date;
   10         providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. The Agency for Health Care Administration shall
   15  conduct or contract for a detailed fiscal impact study to
   16  determine the feasibility of implementing the following
   17  provisions relating to discounted drug prices under the 340B
   18  Drug Pricing Program:
   19         (1)(a) Requiring drug manufacturers to sell a drug to
   20  Medicaid pharmacies at not more than the 340B Drug Pricing
   21  Program discounted price if the drug is:
   22         1. On the Medicaid preferred drug list as described in s.
   23  409.912(5), Florida Statutes; and
   24         2. A covered drug under the 340B Drug Pricing Program.
   25         (b) Authorizing drug manufacturers to deliver drugs sold in
   26  accordance with paragraph (a) to the purchasing Medicaid
   27  pharmacy by any method used by the drug manufacturer.
   28         (c) If a drug manufacturer sells a drug in accordance with
   29  paragraph (a) to a Medicaid pharmacy at the 340B Drug Pricing
   30  Program discounted price and such discounted price is higher
   31  than the state Medicaid negotiated price, requiring the drug
   32  manufacturer to pay a rebate to the state equal to the
   33  difference between the discounted price and the state Medicaid
   34  negotiated price.
   35         (2) Requiring pharmacy benefits managers participating in
   36  the Medicaid program to pay a Medicaid pharmacy the 340B Drug
   37  Pricing Program discounted price plus the professional
   38  dispensing fee as determined under rule 59G-4.251, Florida
   39  Administrative Code, as amended, for any drug that is on the
   40  Medicaid preferred drug list as described in s. 409.912(5),
   41  Florida Statutes, and that is a covered drug under the 340B Drug
   42  Pricing Program.
   43         (3)(a) Requiring drug wholesalers and distributors to sell
   44  a drug to a Medicaid pharmacy at the 340B Drug Pricing Program
   45  discounted price if the drug is:
   46         1. On the Medicaid preferred drug list as described in s.
   47  409.912(5), Florida Statutes; and
   48         2. A covered drug under the 340B Drug Pricing Program.
   49         (b) Prohibiting drug wholesalers and distributors from
   50  changing an existing pricing model or program that is in place
   51  with a Medicaid pharmacy by exempting a drug described in
   52  paragraph (a) from the pricing model or program or by
   53  referencing such drug in any way in the pricing model or
   54  program.
   55         (4) Requiring Medicaid pharmacies to provide a covered drug
   56  under the 340B Drug Pricing Program at the discounted price only
   57  to Medicaid recipients.
   58  
   59  The study must be completed, and the agency shall submit the
   60  results of the study to the Governor, the President of the
   61  Senate, and the Speaker of the House of Representatives, by
   62  January 31, 2026.
   63         Section 2. This act shall take effect upon becoming a law.