Bills › 88th General Assembly

HF 573Withdrawn · March 28, 2019

Relating to prescription drug benefits, pharmacies, pharmacy benefit managers, making penalties applicable, and including applicability provisions

Topics:Business & economyHealth carePrescription drug prices

Same legislation: HF 680

Where it is now

  1. Done: IntroducedMarch 4, 2019
  2. Done: SubcommitteeMarch 4, 2019
  3. Done: House committeeMarch 5, 2019
  4. Done: Passes the HouseMarch 28, 2019
  5. Stopped: Senate committeeDied when the General Assembly ended
  6. Next: Passes the Senate
  7. Next: To the Governor
  8. Next: Signed into law

Died when the session ended The 2020 session adjourned on June 14, 2020, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?

What’s in it

This bill relates to prescription drug benefits, pharmacies, and pharmacy benefit managers. The bill provides that if an otherwise qualified retail pharmacy requests to enter into a contract with a pharmacy benefit manager to participate in the pharmacy benefit manager’s retail pharmacy network and accepts the pharmacy benefit manager’s standard terms and conditions, the pharmacy is considered part of the pharmacy benefit manager’s retail pharmacy network for purposes of a covered person’s right to choose where the covered person wants to obtain the covered person’s prescription drugs.

Read the full explanation

The bill prohibits a pharmacy benefit manager or a health carrier from refusing to accept an otherwise qualified retail pharmacy as part of a pharmacy benefit manager’s retail pharmacy network. The bill defines a “pharmacy benefit manager” as a person who, pursuant to a contract or other relationship with a health carrier, either directly or through an intermediary, manages a prescription drug benefit provided by the health carrier. “Pharmacy” is defined in the bill as a location where prescription drugs are compounded, dispensed, or sold by a pharmacist and where prescription drug orders are received or processed in accordance with the pharmacy laws of this state. “Pharmacy benefit manager’s retail pharmacy network” is defined as retail pharmacies who have contracted with a pharmacy benefit manager to dispense or sell prescription drugs to covered persons of a health carrier. “Retail pharmacy” is defined as a pharmacy that is open to the general public, dispenses prescription drugs to the general public, and makes face-to-face consultations available between licensed pharmacists and the general public. A contractual relationship entered into by an otherwise qualified retail pharmacy and a pharmacy benefit manager establishing the otherwise qualified retail pharmacy as part of the pharmacy benefit manager’s retail pharmacy network must be renewed annually unless otherwise agreed by the retail pharmacy, the pharmacy benefit manager, and the health carrier. If a pharmacy benefit manager or a health carrier considers a retail pharmacy not otherwise qualified, the pharmacy benefit manager or the health carrier may file an appeal relating to the retail pharmacy’s qualifications with the insurance commissioner. The commissioner shall establish by rule the standards and requirements necessary for a retail pharmacy to be deemed “otherwise qualified”. If an otherwise qualified retail pharmacy is a part of a pharmacy benefit manager’s retail pharmacy network, the bill prohibits a pharmacy benefit manager or a health carrier from imposing certain specific restrictions and conditions on a covered person who obtains prescriptions from the retail pharmacy. The commissioner of insurance may assess a pharmacy benefit manager or a health carrier a fine of up to $10,000 for each violation. Each pharmacy benefit manager and health carrier must file an annual attestation with the commissioner confirming compliance with all requirements related to retail pharmacies and the pharmacy benefit manager’s retail pharmacy network for the preceding calendar year, which shall include a report disclosing certain information as described in the bill. The commissioner is required to examine the pharmacy benefit manager’s and the health carrier’s records supporting the accuracy and completeness of each report. The pharmacy benefit manager and health carrier are required to provide any additional records requested by the commissioner within ten business days of the commissioner’s request.3(3). The commissioner is authorized to take any action within the commissioner’s authority to enforce compliance with this section of the bill and must adopt rules to administer this section of the bill. A pharmacy benefit manager or a health carrier may appeal any decision, in accordance with chapter 17A, of the commissioner under this section. This section of the bill applies to a health benefit plan that is delivered, issued for delivery, continued, or renewed in this state on or after January 1, 2020. The bill also prohibits a policy, contract, or plan providing for third-party payment or prepayment of prescription drug benefits from imposing any terms, conditions, or requirements upon a person covered under the policy, contract, or plan for prescription drugs dispensed by a retail pharmacy which are different from the terms, conditions, or requirements imposed for prescription drugs dispensed by a mail order pharmacy. This prohibition applies to the following classes of third-party payment provider policies, contracts, or plans delivered, issued for delivery, continued, or renewed in this state on or after January 1, 2020, including individual or group accident and sickness insurance providing coverage on an expense-incurred basis; an individual or group hospital or medical service contract issued pursuant to Code chapter 509, 514, or 514A; an individual or group health maintenance organization contract regulated under Code chapter 514B; and a plan established pursuant to Code chapter 509A for public employees. The prohibition does not apply to accident-only, specified disease, short-term hospital or medical, hospital confinement indemnity, credit, dental, vision, Medicare supplement, long-term care, basic hospital and medical-surgical expense coverage as defined by the commissioner, disability income insurance coverage, coverage issued as a supplement to liability insurance, workers’ compensation or similar insurance, or automobile medical payment insurance. The commissioner of insurance must adopt rules under Code chapter 17A to administer the requirements established in the bill.

Changed since by amendment H-1082; see Amendments.

Full bill text1

House subcommittee

Named March 4, 2019. On March 5, 2019 it recommended passage.

Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part

Fiscal note

AI summary This bill requires pharmacy benefit managers to allow qualified retail pharmacies into their networks and prevents them from forcing patients to use mail order pharmacies. The Insurance Division would need at least $350,000 annually to hire additional staff, which would likely come from the Commerce Revolving Fund. Additionally, health care costs for the Iowa Employee Group Health Insurance Plan are estimated to increase by $1.6 million.2

Read the fiscal note

Description

House File 680 proposes the creation of Iowa Code chapter 510C, which requires a pharmacy benefit manager (PBM) to allow into its network otherwise qualified retail pharmacies. The Bill also prohibits pharmacy benefit managers from requiring that patients receive prescriptions via a mail order pharmacy and from imposing any different limitations or cost burdens on patients who elect to receive prescriptions from a network retail pharmacy instead of a mail order pharmacy, allowing patients to choose where to obtain their prescriptions. The Bill also establishes methods of appeal for retail pharmacies that are determined to not be qualified by a PBM, as well as methods for PBMs or insurance carriers to appeal any decision by the Commissioner of Insurance. The Commissioner is directed to adopt rules to administer the chapter and is granted enforcement powers in the event of violations.

Background

A PBM is a health care entity that contracts with insurers, employers, unions, and government programs to administer the prescription drug portion of the health care benefit. In 2017, a 2014 amendment to Iowa Code chapter 501B was subject to litigation, Pharmaceutical Care Management Association (PCMA) v. Gerhart, resulting in a U.S. Court of Appeals Eighth Circuit decision that the federal Employee Retirement Income Security Act of 1974 (ERISA) expressly preempts Iowa Code section 510B.8. Iowa Code section 510B.8 regulated how PBMs set drug prices and required certain disclosures.

Current practice requiring mail order specialty drugs saves the State of Iowa Employee Group Health Insurance Plan approximately 6.0% on those specialty drugs. Specialty drugs account for 30.0% of the drug costs for the Iowa Group plan, and drug costs account for 24.0% of total health care costs.

Assumptions

  • The number and complexity of investigations into potential violations of Iowa Code chapter 510C is unknown, and investigations could range from document requests to full trials with judicial appeal.
  • Any appropriation for additional Insurance Division staff would likely be from the Commerce Revolving Fund.

Fiscal Impact

Insurance Division

The Insurance Division of the Department of Commerce anticipates that to enforce Iowa Code chapter 510C, it would need at least one additional Compliance Officer at an annual cost of $110,000, and 2.0 full-time equivalent (FTE) positions for Insurance Company Examiner Specialist positions, which would have a combined annual cost of $240,000.

Iowa Employee Group Health Insurance Plan

Wellmark estimates that health care costs would increase by 0.40%, or $1.6 million, as a result of prohibiting health care providers from requiring that specialty drugs to be ordered from mail order pharmacies.

Sources

  • Department of Commerce, Insurance Division
  • National Conference of State Legislatures
  • Wellmark

Reading a fiscal note3

Iowa Code it changes

Creates§510C.1

Amends§507B.2§507B.3§514C.5

How the Code works4

Lobbying

7 for · 6 against · 14 undecided · Who →

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